Illinois 2025-2026 Regular Session

Illinois House Bill HB1142 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1142 Introduced , by Rep. Jeff Keicher SYNOPSIS AS INTRODUCED: 65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-565 ILCS 5/11-74.4-6 from Ch. 24, par. 11-74.4-6 Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that, before an ordinance may be adopted approving a redevelopment project area, the redevelopment project area must be approved by referendum of the voters of the affected taxing districts. Includes requirements for the ordinance or resolution proposing the redevelopment project area, for submission of and language for the referendum, and approval of the referendum when a majority of the voters in each of the affected taxing districts approve the referendum. Modifies notice requirements for the public meeting, and requires the notification of all voters of the affected taxing districts. Requires notice by publication, mailing, and on the website of the municipality (rather than by publication and mailing), and modifies the timing in which notices must be sent. Requires that a notice also must contain a copy of the proposed ordinance designating the redevelopment project area, a list of all taxes levied by each of the taxing districts that constitute the joint review board, a statement of the projected impact that the redevelopment project area will have on those taxing district, and the proposed referendum language. Makes other changes. Effective immediately. LRB104 04065 RTM 14089 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1142 Introduced , by Rep. Jeff Keicher SYNOPSIS AS INTRODUCED: 65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-565 ILCS 5/11-74.4-6 from Ch. 24, par. 11-74.4-6 65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-5 65 ILCS 5/11-74.4-6 from Ch. 24, par. 11-74.4-6 Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that, before an ordinance may be adopted approving a redevelopment project area, the redevelopment project area must be approved by referendum of the voters of the affected taxing districts. Includes requirements for the ordinance or resolution proposing the redevelopment project area, for submission of and language for the referendum, and approval of the referendum when a majority of the voters in each of the affected taxing districts approve the referendum. Modifies notice requirements for the public meeting, and requires the notification of all voters of the affected taxing districts. Requires notice by publication, mailing, and on the website of the municipality (rather than by publication and mailing), and modifies the timing in which notices must be sent. Requires that a notice also must contain a copy of the proposed ordinance designating the redevelopment project area, a list of all taxes levied by each of the taxing districts that constitute the joint review board, a statement of the projected impact that the redevelopment project area will have on those taxing district, and the proposed referendum language. Makes other changes. Effective immediately. LRB104 04065 RTM 14089 b LRB104 04065 RTM 14089 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1142 Introduced , by Rep. Jeff Keicher SYNOPSIS AS INTRODUCED:
33 65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-565 ILCS 5/11-74.4-6 from Ch. 24, par. 11-74.4-6 65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-5 65 ILCS 5/11-74.4-6 from Ch. 24, par. 11-74.4-6
44 65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-5
55 65 ILCS 5/11-74.4-6 from Ch. 24, par. 11-74.4-6
66 Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that, before an ordinance may be adopted approving a redevelopment project area, the redevelopment project area must be approved by referendum of the voters of the affected taxing districts. Includes requirements for the ordinance or resolution proposing the redevelopment project area, for submission of and language for the referendum, and approval of the referendum when a majority of the voters in each of the affected taxing districts approve the referendum. Modifies notice requirements for the public meeting, and requires the notification of all voters of the affected taxing districts. Requires notice by publication, mailing, and on the website of the municipality (rather than by publication and mailing), and modifies the timing in which notices must be sent. Requires that a notice also must contain a copy of the proposed ordinance designating the redevelopment project area, a list of all taxes levied by each of the taxing districts that constitute the joint review board, a statement of the projected impact that the redevelopment project area will have on those taxing district, and the proposed referendum language. Makes other changes. Effective immediately.
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1212 1 AN ACT concerning local government.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Illinois Municipal Code is amended by
1616 5 changing Sections 11-74.4-5 and 11-74.4-6 as follows:
1717 6 (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
1818 7 Sec. 11-74.4-5. Public hearing; joint review board.
1919 8 (a) The changes made by this amendatory Act of the 91st
2020 9 General Assembly do not apply to a municipality that, (i)
2121 10 before the effective date of this amendatory Act of the 91st
2222 11 General Assembly, has adopted an ordinance or resolution
2323 12 fixing a time and place for a public hearing under this Section
2424 13 or (ii) before July 1, 1999, has adopted an ordinance or
2525 14 resolution providing for a feasibility study under Section
2626 15 11-74.4-4.1, but has not yet adopted an ordinance approving
2727 16 redevelopment plans and redevelopment projects or designating
2828 17 redevelopment project areas under Section 11-74.4-4, until
2929 18 after that municipality adopts an ordinance approving
3030 19 redevelopment plans and redevelopment projects or designating
3131 20 redevelopment project areas under Section 11-74.4-4;
3232 21 thereafter the changes made by this amendatory Act of the 91st
3333 22 General Assembly apply to the same extent that they apply to
3434 23 redevelopment plans and redevelopment projects that were
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1142 Introduced , by Rep. Jeff Keicher SYNOPSIS AS INTRODUCED:
3939 65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-565 ILCS 5/11-74.4-6 from Ch. 24, par. 11-74.4-6 65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-5 65 ILCS 5/11-74.4-6 from Ch. 24, par. 11-74.4-6
4040 65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-5
4141 65 ILCS 5/11-74.4-6 from Ch. 24, par. 11-74.4-6
4242 Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that, before an ordinance may be adopted approving a redevelopment project area, the redevelopment project area must be approved by referendum of the voters of the affected taxing districts. Includes requirements for the ordinance or resolution proposing the redevelopment project area, for submission of and language for the referendum, and approval of the referendum when a majority of the voters in each of the affected taxing districts approve the referendum. Modifies notice requirements for the public meeting, and requires the notification of all voters of the affected taxing districts. Requires notice by publication, mailing, and on the website of the municipality (rather than by publication and mailing), and modifies the timing in which notices must be sent. Requires that a notice also must contain a copy of the proposed ordinance designating the redevelopment project area, a list of all taxes levied by each of the taxing districts that constitute the joint review board, a statement of the projected impact that the redevelopment project area will have on those taxing district, and the proposed referendum language. Makes other changes. Effective immediately.
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7171 1 approved and redevelopment projects that were designated
7272 2 before the effective date of this amendatory Act of the 91st
7373 3 General Assembly.
7474 4 Prior to the adoption of an ordinance proposing the
7575 5 designation of a redevelopment project area, or approving a
7676 6 redevelopment plan or redevelopment project, the municipality
7777 7 by its corporate authorities, or as it may determine by any
7878 8 commission designated under subsection (k) of Section
7979 9 11-74.4-4 shall adopt an ordinance or resolution fixing a time
8080 10 and place for public hearing. The ordinance or resolution
8181 11 fixing the time and place for a public hearing shall also
8282 12 initiate the submission of a referendum to approve the
8383 13 designation of the redevelopment project area under subsection
8484 14 (a-5), and the ordinance or resolution must be adopted no less
8585 15 than 79 days before the regularly scheduled election at which
8686 16 the referendum will be held. At least 10 days prior to the
8787 17 adoption of the ordinance or resolution establishing the time
8888 18 and place for the public hearing, the municipality shall make
8989 19 available for public inspection a redevelopment plan or a
9090 20 separate report that provides in reasonable detail the basis
9191 21 for the eligibility of the redevelopment project area. The
9292 22 report along with the name of a person to contact for further
9393 23 information shall be sent within a reasonable time after the
9494 24 adoption of such ordinance or resolution to the affected
9595 25 taxing districts by certified mail. On and after the effective
9696 26 date of this amendatory Act of the 91st General Assembly, the
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107107 1 municipality shall print in a newspaper of general circulation
108108 2 within the municipality a notice that interested persons may
109109 3 register with the municipality in order to receive information
110110 4 on the proposed designation of a redevelopment project area or
111111 5 the approval of a redevelopment plan. The notice shall state
112112 6 the place of registration and the operating hours of that
113113 7 place. The municipality shall have adopted reasonable rules to
114114 8 implement this registration process under Section 11-74.4-4.2.
115115 9 The municipality shall provide notice of the availability of
116116 10 the redevelopment plan and eligibility report, including how
117117 11 to obtain this information, by mail within a reasonable time
118118 12 after the adoption of the ordinance or resolution, to all
119119 13 residential addresses that, after a good faith effort, the
120120 14 municipality determines are located outside the proposed
121121 15 redevelopment project area and within 750 feet of the
122122 16 boundaries of the proposed redevelopment project area. This
123123 17 requirement is subject to the limitation that in a
124124 18 municipality with a population of over 100,000, if the total
125125 19 number of residential addresses outside the proposed
126126 20 redevelopment project area and within 750 feet of the
127127 21 boundaries of the proposed redevelopment project area exceeds
128128 22 750, the municipality shall be required to provide the notice
129129 23 to only the 750 residential addresses that, after a good faith
130130 24 effort, the municipality determines are outside the proposed
131131 25 redevelopment project area and closest to the boundaries of
132132 26 the proposed redevelopment project area. Notwithstanding the
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143143 1 foregoing, notice given after August 7, 2001 (the effective
144144 2 date of Public Act 92-263) and before the effective date of
145145 3 this amendatory Act of the 92nd General Assembly to
146146 4 residential addresses within 750 feet of the boundaries of a
147147 5 proposed redevelopment project area shall be deemed to have
148148 6 been sufficiently given in compliance with this Act if given
149149 7 only to residents outside the boundaries of the proposed
150150 8 redevelopment project area. The notice shall also be provided
151151 9 by the municipality, regardless of its population, to those
152152 10 organizations and residents that have registered with the
153153 11 municipality for that information in accordance with the
154154 12 registration guidelines established by the municipality under
155155 13 Section 11-74.4-4.2.
156156 14 At the public hearing any interested person or affected
157157 15 taxing district may file with the municipal clerk written
158158 16 objections to and may be heard orally in respect to any issues
159159 17 embodied in the notice. The municipality shall hear all
160160 18 protests and objections at the hearing and the hearing may be
161161 19 adjourned to another date without further notice other than a
162162 20 motion to be entered upon the minutes fixing the time and place
163163 21 of the subsequent hearing. At the public hearing or at any time
164164 22 prior to the adoption by the municipality of an ordinance
165165 23 approving a redevelopment plan, the municipality may make
166166 24 changes in the redevelopment plan. Changes which (1) add
167167 25 additional parcels of property to the proposed redevelopment
168168 26 project area, (2) substantially affect the general land uses
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179179 1 proposed in the redevelopment plan, (3) substantially change
180180 2 the nature of or extend the life of the redevelopment project,
181181 3 or (4) increase the number of inhabited residential units to
182182 4 be displaced from the redevelopment project area, as measured
183183 5 from the time of creation of the redevelopment project area,
184184 6 to a total of more than 10, shall be made only after the
185185 7 municipality gives notice, convenes a joint review board, and
186186 8 conducts a public hearing pursuant to the procedures set forth
187187 9 in this Section and in Section 11-74.4-6 of this Act. Changes
188188 10 which do not (1) add additional parcels of property to the
189189 11 proposed redevelopment project area, (2) substantially affect
190190 12 the general land uses proposed in the redevelopment plan, (3)
191191 13 substantially change the nature of or extend the life of the
192192 14 redevelopment project, or (4) increase the number of inhabited
193193 15 residential units to be displaced from the redevelopment
194194 16 project area, as measured from the time of creation of the
195195 17 redevelopment project area, to a total of more than 10, may be
196196 18 made without further hearing, provided that the municipality
197197 19 shall give notice of any such changes by mail to each affected
198198 20 taxing district and registrant on the interested parties
199199 21 registry, provided for under Section 11-74.4-4.2, and by
200200 22 publication in a newspaper of general circulation within the
201201 23 affected taxing district. Such notice by mail and by
202202 24 publication shall each occur not later than 10 days following
203203 25 the adoption by ordinance of such changes. Hearings with
204204 26 regard to a redevelopment project area, project or plan may be
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215215 1 held simultaneously.
216216 2 (a-5) After adoption of an ordinance or resolution fixing
217217 3 the time and place for a public hearing under subsection (a),
218218 4 the city clerk shall certify the question of approving the
219219 5 designation of the redevelopment project for submission to the
220220 6 voters of all of the taxing districts that constitute the
221221 7 joint review board under subsection (b) to the appropriate
222222 8 election authority. Prior to the adoption of the ordinance
223223 9 designating the redevelopment project area, the voters of all
224224 10 of the taxing districts that constitute the joint review board
225225 11 must first approve the referendum to designate the
226226 12 redevelopment project area. The referendum shall be
227227 13 substantially in the following form:
228228 14 -------------------------------------------------------------
229229 15 Shall (name of the municipality)
230230 16 establish a redevelopment project
231231 17 area within (general description of
232232 18 the redevelopment project area) for
233233 19 (the purposes of the redevelopment
234234 20 project area)?
235235 21 -------------------------------------------------------------
236236 22 The votes shall be recorded as "Yes" or "No". The
237237 23 referendum is approved when a majority of the voters in each of
238238 24 the affected taxing districts approve the referendum.
239239 25 (b) Prior to holding a public hearing to approve or amend a
240240 26 redevelopment plan or to designate or add additional parcels
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251251 1 of property to a redevelopment project area, the municipality
252252 2 shall convene a joint review board. The board shall consist of
253253 3 a representative selected by each community college district,
254254 4 local elementary school district and high school district or
255255 5 each local community unit school district, park district,
256256 6 library district, township, fire protection district, and
257257 7 county that will have the authority to directly levy taxes on
258258 8 the property within the proposed redevelopment project area at
259259 9 the time that the proposed redevelopment project area is
260260 10 approved, a representative selected by the municipality and a
261261 11 public member. The public member shall first be selected and
262262 12 then the board's chairperson shall be selected by a majority
263263 13 of the board members present and voting.
264264 14 For redevelopment project areas with redevelopment plans
265265 15 or proposed redevelopment plans that would result in the
266266 16 displacement of residents from 10 or more inhabited
267267 17 residential units or that include 75 or more inhabited
268268 18 residential units, the public member shall be a person who
269269 19 resides in the redevelopment project area. If, as determined
270270 20 by the housing impact study provided for in paragraph (5) of
271271 21 subsection (n) of Section 11-74.4-3, or if no housing impact
272272 22 study is required then based on other reasonable data, the
273273 23 majority of residential units are occupied by very low, low,
274274 24 or moderate income households, as defined in Section 3 of the
275275 25 Illinois Affordable Housing Act, the public member shall be a
276276 26 person who resides in very low, low, or moderate income
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287287 1 housing within the redevelopment project area. Municipalities
288288 2 with fewer than 15,000 residents shall not be required to
289289 3 select a person who lives in very low, low, or moderate income
290290 4 housing within the redevelopment project area, provided that
291291 5 the redevelopment plan or project will not result in
292292 6 displacement of residents from 10 or more inhabited units, and
293293 7 the municipality so certifies in the plan. If no person
294294 8 satisfying these requirements is available or if no qualified
295295 9 person will serve as the public member, then the joint review
296296 10 board is relieved of this paragraph's selection requirements
297297 11 for the public member.
298298 12 Within 90 days of the effective date of this amendatory
299299 13 Act of the 91st General Assembly, each municipality that
300300 14 designated a redevelopment project area for which it was not
301301 15 required to convene a joint review board under this Section
302302 16 shall convene a joint review board to perform the duties
303303 17 specified under paragraph (e) of this Section.
304304 18 All board members shall be appointed and the first board
305305 19 meeting shall be held at least 14 days but not more than 28
306306 20 days after the mailing of notice by the municipality to the
307307 21 taxing districts as required by Section 11-74.4-6(c).
308308 22 Notwithstanding the preceding sentence, a municipality that
309309 23 adopted either a public hearing resolution or a feasibility
310310 24 resolution between July 1, 1999 and July 1, 2000 that called
311311 25 for the meeting of the joint review board within 14 days of
312312 26 notice of public hearing to affected taxing districts is
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323323 1 deemed to be in compliance with the notice, meeting, and
324324 2 public hearing provisions of the Act. Such notice shall also
325325 3 advise the taxing bodies represented on the joint review board
326326 4 of the time and place of the first meeting of the board.
327327 5 Additional meetings of the board shall be held upon the call of
328328 6 any member. The municipality seeking designation of the
329329 7 redevelopment project area shall provide administrative
330330 8 support to the board.
331331 9 The board shall review (i) the public record, planning
332332 10 documents and proposed ordinances approving the redevelopment
333333 11 plan and project and (ii) proposed amendments to the
334334 12 redevelopment plan or additions of parcels of property to the
335335 13 redevelopment project area to be adopted by the municipality.
336336 14 As part of its deliberations, the board may hold additional
337337 15 hearings on the proposal. A board's recommendation shall be an
338338 16 advisory, non-binding recommendation. The recommendation shall
339339 17 be adopted by a majority of those members present and voting.
340340 18 The recommendations shall be submitted to the municipality
341341 19 within 30 days after convening of the board. Failure of the
342342 20 board to submit its report on a timely basis shall not be cause
343343 21 to delay the public hearing or any other step in the process of
344344 22 designating or amending the redevelopment project area but
345345 23 shall be deemed to constitute approval by the joint review
346346 24 board of the matters before it.
347347 25 The board shall base its recommendation to approve or
348348 26 disapprove the redevelopment plan and the designation of the
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359359 1 redevelopment project area or the amendment of the
360360 2 redevelopment plan or addition of parcels of property to the
361361 3 redevelopment project area on the basis of the redevelopment
362362 4 project area and redevelopment plan satisfying the plan
363363 5 requirements, the eligibility criteria defined in Section
364364 6 11-74.4-3, and the objectives of this Act.
365365 7 The board shall issue a written report describing why the
366366 8 redevelopment plan and project area or the amendment thereof
367367 9 meets or fails to meet one or more of the objectives of this
368368 10 Act and both the plan requirements and the eligibility
369369 11 criteria defined in Section 11-74.4-3. In the event the Board
370370 12 does not file a report it shall be presumed that these taxing
371371 13 bodies find the redevelopment project area and redevelopment
372372 14 plan satisfy the objectives of this Act and the plan
373373 15 requirements and eligibility criteria.
374374 16 If the board recommends rejection of the matters before
375375 17 it, the municipality will have 30 days within which to
376376 18 resubmit the plan or amendment. During this period, the
377377 19 municipality will meet and confer with the board and attempt
378378 20 to resolve those issues set forth in the board's written
379379 21 report that led to the rejection of the plan or amendment.
380380 22 Notwithstanding the resubmission set forth above, the
381381 23 municipality may commence the scheduled public hearing and
382382 24 either adjourn the public hearing or continue the public
383383 25 hearing until a date certain. Prior to continuing any public
384384 26 hearing to a date certain, the municipality shall announce
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395395 1 during the public hearing the time, date, and location for the
396396 2 reconvening of the public hearing. Any changes to the
397397 3 redevelopment plan necessary to satisfy the issues set forth
398398 4 in the joint review board report shall be the subject of a
399399 5 public hearing before the hearing is adjourned if the changes
400400 6 would (1) substantially affect the general land uses proposed
401401 7 in the redevelopment plan, (2) substantially change the nature
402402 8 of or extend the life of the redevelopment project, or (3)
403403 9 increase the number of inhabited residential units to be
404404 10 displaced from the redevelopment project area, as measured
405405 11 from the time of creation of the redevelopment project area,
406406 12 to a total of more than 10. Changes to the redevelopment plan
407407 13 necessary to satisfy the issues set forth in the joint review
408408 14 board report shall not require any further notice or convening
409409 15 of a joint review board meeting, except that any changes to the
410410 16 redevelopment plan that would add additional parcels of
411411 17 property to the proposed redevelopment project area shall be
412412 18 subject to the notice, public hearing, and joint review board
413413 19 meeting requirements established for such changes by
414414 20 subsection (a) of Section 11-74.4-5.
415415 21 In the event that the municipality and the board are
416416 22 unable to resolve these differences, or in the event that the
417417 23 resubmitted plan or amendment is rejected by the board, the
418418 24 municipality may proceed with the plan or amendment, but only
419419 25 upon a three-fifths vote of the corporate authority
420420 26 responsible for approval of the plan or amendment, excluding
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431431 1 positions of members that are vacant and those members that
432432 2 are ineligible to vote because of conflicts of interest.
433433 3 (c) After a municipality has by ordinance approved a
434434 4 redevelopment plan and designated a redevelopment project
435435 5 area, the plan may be amended and additional properties may be
436436 6 added to the redevelopment project area only as herein
437437 7 provided. Amendments which (1) add additional parcels of
438438 8 property to the proposed redevelopment project area, (2)
439439 9 substantially affect the general land uses proposed in the
440440 10 redevelopment plan, (3) substantially change the nature of the
441441 11 redevelopment project, (4) increase the total estimated
442442 12 redevelopment project costs set out in the redevelopment plan
443443 13 by more than 5% after adjustment for inflation from the date
444444 14 the plan was adopted, (5) add additional redevelopment project
445445 15 costs to the itemized list of redevelopment project costs set
446446 16 out in the redevelopment plan, or (6) increase the number of
447447 17 inhabited residential units to be displaced from the
448448 18 redevelopment project area, as measured from the time of
449449 19 creation of the redevelopment project area, to a total of more
450450 20 than 10, shall be made only after the municipality gives
451451 21 notice, convenes a joint review board, and conducts a public
452452 22 hearing pursuant to the procedures set forth in this Section
453453 23 and in Section 11-74.4-6 of this Act. Changes which do not (1)
454454 24 add additional parcels of property to the proposed
455455 25 redevelopment project area, (2) substantially affect the
456456 26 general land uses proposed in the redevelopment plan, (3)
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467467 1 substantially change the nature of the redevelopment project,
468468 2 (4) increase the total estimated redevelopment project cost
469469 3 set out in the redevelopment plan by more than 5% after
470470 4 adjustment for inflation from the date the plan was adopted,
471471 5 (5) add additional redevelopment project costs to the itemized
472472 6 list of redevelopment project costs set out in the
473473 7 redevelopment plan, or (6) increase the number of inhabited
474474 8 residential units to be displaced from the redevelopment
475475 9 project area, as measured from the time of creation of the
476476 10 redevelopment project area, to a total of more than 10, may be
477477 11 made without further public hearing and related notices and
478478 12 procedures including the convening of a joint review board as
479479 13 set forth in Section 11-74.4-6 of this Act, provided that the
480480 14 municipality shall give notice of any such changes by mail to
481481 15 each affected taxing district and registrant on the interested
482482 16 parties registry, provided for under Section 11-74.4-4.2, and
483483 17 by publication in a newspaper of general circulation within
484484 18 the affected taxing district. Such notice by mail and by
485485 19 publication shall each occur not later than 10 days following
486486 20 the adoption by ordinance of such changes.
487487 21 (d) After the effective date of this amendatory Act of the
488488 22 91st General Assembly, a municipality shall submit in an
489489 23 electronic format the following information for each
490490 24 redevelopment project area (i) to the State Comptroller under
491491 25 Section 8-8-3.5 of the Illinois Municipal Code, subject to any
492492 26 extensions or exemptions provided at the Comptroller's
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503503 1 discretion under that Section, and (ii) to all taxing
504504 2 districts overlapping the redevelopment project area no later
505505 3 than 180 days after the close of each municipal fiscal year or
506506 4 as soon thereafter as the audited financial statements become
507507 5 available and, in any case, shall be submitted before the
508508 6 annual meeting of the Joint Review Board to each of the taxing
509509 7 districts that overlap the redevelopment project area:
510510 8 (1) Any amendments to the redevelopment plan, the
511511 9 redevelopment project area, or the State Sales Tax
512512 10 Boundary.
513513 11 (1.5) A list of the redevelopment project areas
514514 12 administered by the municipality and, if applicable, the
515515 13 date each redevelopment project area was designated or
516516 14 terminated by the municipality.
517517 15 (2) Audited financial statements of the special tax
518518 16 allocation fund once a cumulative total of $100,000 has
519519 17 been deposited in the fund.
520520 18 (3) Certification of the Chief Executive Officer of
521521 19 the municipality that the municipality has complied with
522522 20 all of the requirements of this Act during the preceding
523523 21 fiscal year.
524524 22 (4) An opinion of legal counsel that the municipality
525525 23 is in compliance with this Act.
526526 24 (5) An analysis of the special tax allocation fund
527527 25 which sets forth:
528528 26 (A) the balance in the special tax allocation fund
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539539 1 at the beginning of the fiscal year;
540540 2 (B) all amounts deposited in the special tax
541541 3 allocation fund by source;
542542 4 (C) an itemized list of all expenditures from the
543543 5 special tax allocation fund by category of permissible
544544 6 redevelopment project cost; and
545545 7 (D) the balance in the special tax allocation fund
546546 8 at the end of the fiscal year including a breakdown of
547547 9 that balance by source and a breakdown of that balance
548548 10 identifying any portion of the balance that is
549549 11 required, pledged, earmarked, or otherwise designated
550550 12 for payment of or securing of obligations and
551551 13 anticipated redevelopment project costs. Any portion
552552 14 of such ending balance that has not been identified or
553553 15 is not identified as being required, pledged,
554554 16 earmarked, or otherwise designated for payment of or
555555 17 securing of obligations or anticipated redevelopment
556556 18 projects costs shall be designated as surplus as set
557557 19 forth in Section 11-74.4-7 hereof.
558558 20 (6) A description of all property purchased by the
559559 21 municipality within the redevelopment project area
560560 22 including:
561561 23 (A) Street address.
562562 24 (B) Approximate size or description of property.
563563 25 (C) Purchase price.
564564 26 (D) Seller of property.
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575575 1 (7) A statement setting forth all activities
576576 2 undertaken in furtherance of the objectives of the
577577 3 redevelopment plan, including:
578578 4 (A) Any project implemented in the preceding
579579 5 fiscal year.
580580 6 (B) A description of the redevelopment activities
581581 7 undertaken.
582582 8 (C) A description of any agreements entered into
583583 9 by the municipality with regard to the disposition or
584584 10 redevelopment of any property within the redevelopment
585585 11 project area or the area within the State Sales Tax
586586 12 Boundary.
587587 13 (D) Additional information on the use of all funds
588588 14 received under this Division and steps taken by the
589589 15 municipality to achieve the objectives of the
590590 16 redevelopment plan.
591591 17 (E) Information regarding contracts that the
592592 18 municipality's tax increment advisors or consultants
593593 19 have entered into with entities or persons that have
594594 20 received, or are receiving, payments financed by tax
595595 21 increment revenues produced by the same redevelopment
596596 22 project area.
597597 23 (F) Any reports submitted to the municipality by
598598 24 the joint review board.
599599 25 (G) A review of public and, to the extent
600600 26 possible, private investment actually undertaken to
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611611 1 date after the effective date of this amendatory Act
612612 2 of the 91st General Assembly and estimated to be
613613 3 undertaken during the following year. This review
614614 4 shall, on a project-by-project basis, set forth the
615615 5 estimated amounts of public and private investment
616616 6 incurred after the effective date of this amendatory
617617 7 Act of the 91st General Assembly and provide the ratio
618618 8 of private investment to public investment to the date
619619 9 of the report and as estimated to the completion of the
620620 10 redevelopment project.
621621 11 (8) With regard to any obligations issued by the
622622 12 municipality:
623623 13 (A) copies of any official statements; and
624624 14 (B) an analysis prepared by financial advisor or
625625 15 underwriter, chosen by the municipality, setting forth
626626 16 the: (i) nature and term of obligation; (ii) projected
627627 17 debt service including required reserves and debt
628628 18 coverage; and (iii) actual debt service.
629629 19 (9) For special tax allocation funds that have
630630 20 experienced cumulative deposits of incremental tax
631631 21 revenues of $100,000 or more, a certified audit report
632632 22 reviewing compliance with this Act performed by an
633633 23 independent public accountant certified and licensed by
634634 24 the authority of the State of Illinois. The financial
635635 25 portion of the audit must be conducted in accordance with
636636 26 Standards for Audits of Governmental Organizations,
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647647 1 Programs, Activities, and Functions adopted by the
648648 2 Comptroller General of the United States (1981), as
649649 3 amended, or the standards specified by Section 8-8-5 of
650650 4 the Illinois Municipal Auditing Law of the Illinois
651651 5 Municipal Code. The audit report shall contain a letter
652652 6 from the independent certified public accountant
653653 7 indicating compliance or noncompliance with the
654654 8 requirements of subsection (q) of Section 11-74.4-3. For
655655 9 redevelopment plans or projects that would result in the
656656 10 displacement of residents from 10 or more inhabited
657657 11 residential units or that contain 75 or more inhabited
658658 12 residential units, notice of the availability of the
659659 13 information, including how to obtain the report, required
660660 14 in this subsection shall also be sent by mail to all
661661 15 residents or organizations that operate in the
662662 16 municipality that register with the municipality for that
663663 17 information according to registration procedures adopted
664664 18 under Section 11-74.4-4.2. All municipalities are subject
665665 19 to this provision.
666666 20 (10) A list of all intergovernmental agreements in
667667 21 effect during the fiscal year to which the municipality is
668668 22 a party and an accounting of any moneys transferred or
669669 23 received by the municipality during that fiscal year
670670 24 pursuant to those intergovernmental agreements.
671671 25 In addition to information required to be reported under
672672 26 this Section, for Fiscal Year 2022 and each fiscal year
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683683 1 thereafter, reporting municipalities shall also report to the
684684 2 Comptroller annually in a manner and format prescribed by the
685685 3 Comptroller: (1) the number of jobs, if any, projected to be
686686 4 created for each redevelopment project area at the time of
687687 5 approval of the redevelopment agreement; (2) the number of
688688 6 jobs, if any, created as a result of the development to date
689689 7 for that reporting period under the same guidelines and
690690 8 assumptions as was used for the projections used at the time of
691691 9 approval of the redevelopment agreement; (3) the amount of
692692 10 increment projected to be created at the time of approval of
693693 11 the redevelopment agreement for each redevelopment project
694694 12 area; (4) the amount of increment created as a result of the
695695 13 development to date for that reporting period using the same
696696 14 assumptions as was used for the projections used at the time of
697697 15 the approval of the redevelopment agreement; and (5) the
698698 16 stated rate of return identified by the developer to the
699699 17 municipality for each redevelopment project area, if any.
700700 18 Stated rates of return required to be reported in item (5)
701701 19 shall be independently verified by a third party chosen by the
702702 20 municipality. Reporting municipalities shall also report to
703703 21 the Comptroller a copy of the redevelopment plan each time the
704704 22 redevelopment plan is enacted, amended, or extended in a
705705 23 manner and format prescribed by the Comptroller. These
706706 24 requirements shall only apply to redevelopment projects
707707 25 beginning in or after Fiscal Year 2022.
708708 26 (d-1) Prior to the effective date of this amendatory Act
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719719 1 of the 91st General Assembly, municipalities with populations
720720 2 of over 1,000,000 shall, after adoption of a redevelopment
721721 3 plan or project, make available upon request to any taxing
722722 4 district in which the redevelopment project area is located
723723 5 the following information:
724724 6 (1) Any amendments to the redevelopment plan, the
725725 7 redevelopment project area, or the State Sales Tax
726726 8 Boundary; and
727727 9 (2) In connection with any redevelopment project area
728728 10 for which the municipality has outstanding obligations
729729 11 issued to provide for redevelopment project costs pursuant
730730 12 to Section 11-74.4-7, audited financial statements of the
731731 13 special tax allocation fund.
732732 14 (e) The joint review board shall meet annually 180 days
733733 15 after the close of the municipal fiscal year or as soon as the
734734 16 redevelopment project audit for that fiscal year becomes
735735 17 available to review the effectiveness and status of the
736736 18 redevelopment project area up to that date.
737737 19 (f) (Blank).
738738 20 (g) In the event that a municipality has held a public
739739 21 hearing under this Section prior to March 14, 1994 (the
740740 22 effective date of Public Act 88-537), the requirements imposed
741741 23 by Public Act 88-537 relating to the method of fixing the time
742742 24 and place for public hearing, the materials and information
743743 25 required to be made available for public inspection, and the
744744 26 information required to be sent after adoption of an ordinance
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755755 1 or resolution fixing a time and place for public hearing shall
756756 2 not be applicable.
757757 3 (h) On and after the effective date of this amendatory Act
758758 4 of the 96th General Assembly, the State Comptroller must post
759759 5 on the State Comptroller's official website the information
760760 6 submitted by a municipality pursuant to subsection (d) of this
761761 7 Section. The information must be posted no later than 45 days
762762 8 after the State Comptroller receives the information from the
763763 9 municipality. The State Comptroller must also post a list of
764764 10 the municipalities not in compliance with the reporting
765765 11 requirements set forth in subsection (d) of this Section.
766766 12 (i) No later than 10 years after the corporate authorities
767767 13 of a municipality adopt an ordinance to establish a
768768 14 redevelopment project area, the municipality must compile a
769769 15 status report concerning the redevelopment project area. The
770770 16 status report must detail without limitation the following:
771771 17 (i) the amount of revenue generated within the redevelopment
772772 18 project area, (ii) any expenditures made by the municipality
773773 19 for the redevelopment project area including without
774774 20 limitation expenditures from the special tax allocation fund,
775775 21 (iii) the status of planned activities, goals, and objectives
776776 22 set forth in the redevelopment plan including details on new
777777 23 or planned construction within the redevelopment project area,
778778 24 (iv) the amount of private and public investment within the
779779 25 redevelopment project area, and (v) any other relevant
780780 26 evaluation or performance data. Within 30 days after the
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791791 1 municipality compiles the status report, the municipality must
792792 2 hold at least one public hearing concerning the report. The
793793 3 municipality must provide 20 days' public notice of the
794794 4 hearing.
795795 5 (j) Beginning in fiscal year 2011 and in each fiscal year
796796 6 thereafter, a municipality must detail in its annual budget
797797 7 (i) the revenues generated from redevelopment project areas by
798798 8 source and (ii) the expenditures made by the municipality for
799799 9 redevelopment project areas.
800800 10 (Source: P.A. 102-127, eff. 7-23-21.)
801801 11 (65 ILCS 5/11-74.4-6) (from Ch. 24, par. 11-74.4-6)
802802 12 Sec. 11-74.4-6. (a) Except as provided herein, notice of
803803 13 the public hearing shall be given by publication and mailing;
804804 14 provided, however, that no notice by mailing shall be required
805805 15 under this subsection (a) with respect to any redevelopment
806806 16 project area located within a transit facility improvement
807807 17 area established pursuant to Section 11-74.4-3.3. Notice by
808808 18 publication shall be given by publication at least twice, the
809809 19 first publication to be not more than 30 nor less than 10 days
810810 20 prior to the hearing in a newspaper of general circulation
811811 21 within the taxing districts having property in the proposed
812812 22 redevelopment project area. Notice by mailing shall be given
813813 23 by depositing such notice in the United States mails by
814814 24 certified mail addressed to the person or persons in whose
815815 25 name the general taxes for the last preceding year were paid on
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826826 1 each lot, block, tract, or parcel of land lying within the
827827 2 project redevelopment area. Said notice shall be mailed not
828828 3 less than 10 days prior to the date set for the public hearing.
829829 4 In the event taxes for the last preceding year were not paid,
830830 5 the notice shall also be sent to the persons last listed on the
831831 6 tax rolls within the preceding 3 years as the owners of such
832832 7 property. For redevelopment project areas with redevelopment
833833 8 plans or proposed redevelopment plans that would require
834834 9 removal of 10 or more inhabited residential units or that
835835 10 contain 75 or more inhabited residential units, the
836836 11 municipality shall make a good faith effort to notify by mail
837837 12 all residents of the redevelopment project area. At a minimum,
838838 13 the municipality shall mail a notice to each residential
839839 14 address located within the redevelopment project area. The
840840 15 municipality shall endeavor to ensure that all such notices
841841 16 are effectively communicated and shall include (in addition to
842842 17 notice in English) notice in the predominant language other
843843 18 than English when appropriate.
844844 19 (a-5) For a public hearing for adoption of an ordinance
845845 20 designating a redevelopment project area under subsection (a)
846846 21 of Section 11-74.4-5, notice of the public hearing shall be
847847 22 given by publication and mailing, but no notice by mailing is
848848 23 required under this subsection with respect to a redevelopment
849849 24 project area located within a transit facility improvement
850850 25 area established pursuant to Section 11-74.4-3.3. Notice by
851851 26 publication shall be given by publication at least twice, the
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862862 1 first publication to be not more than 30 nor less than 10 days
863863 2 prior to the hearing if the hearing is before the date of the
864864 3 referendum or not more than 30 nor less than 10 days prior to
865865 4 the date of the election in which the referendum to approve the
866866 5 designation of the redevelopment project area if the date of
867867 6 the referendum is before the hearing date. Notice by
868868 7 publication must be in a newspaper of general circulation
869869 8 within the taxing districts having property in the proposed
870870 9 redevelopment project area. Notice by publication of the
871871 10 public hearing shall also be given by publication on the main
872872 11 page of the municipality's website, if it has a website, at
873873 12 least 30 days prior to the date of the election in which the
874874 13 referendum to approve the designation of the redevelopment
875875 14 project area. Notice by mailing shall be given by depositing
876876 15 the notice in the United States mails by certified mail
877877 16 addressed to every registered voter residing within the taxing
878878 17 districts that constitute the joint review board under
879879 18 subsection (b) of Section 11-74.4-5. The mailed notice shall
880880 19 be mailed not less than 10 days prior to the date set for the
881881 20 public hearing. The municipality shall endeavor to ensure that
882882 21 all of the notice under this subsection are effectively
883883 22 communicated and shall include (in addition to notice in
884884 23 English) notice in the predominant language other than English
885885 24 when appropriate.
886886 25 (b) Except as otherwise provided in this subsection, the
887887 26 The notices issued pursuant to this Section shall include the
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898898 1 following:
899899 2 (1) The time and place of public hearing.
900900 3 (2) The boundaries of the proposed redevelopment
901901 4 project area by legal description and by street location
902902 5 where possible.
903903 6 (3) A notification that all interested persons will be
904904 7 given an opportunity to be heard at the public hearing.
905905 8 (4) A description of the redevelopment plan or
906906 9 redevelopment project for the proposed redevelopment
907907 10 project area if a plan or project is the subject matter of
908908 11 the hearing.
909909 12 (5) A copy of the proposed ordinance designating the
910910 13 redevelopment project area.
911911 14 (6) A list of all taxes levied by each of the taxing
912912 15 districts that constitute the joint review board under
913913 16 subsection (b) of Section 11-74.4-5, and a statement of
914914 17 the projected impact that the redevelopment project area
915915 18 will have on those taxing district.
916916 19 (7) The proposed referendum language.
917917 20 (8) (5) Such other matters as the municipality may
918918 21 deem appropriate.
919919 22 Paragraphs (5), (6), and (7) only apply to notices under
920920 23 subsection (a-1).
921921 24 (c) Not less than 45 days prior to the date set for
922922 25 hearing, the municipality shall give notice by mail as
923923 26 provided in subsection (a) to all taxing districts of which
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934934 1 taxable property is included in the redevelopment project
935935 2 area, project or plan and to the Department of Commerce and
936936 3 Economic Opportunity, and in addition to the other
937937 4 requirements under subsection (b) the notice shall include an
938938 5 invitation to the Department of Commerce and Economic
939939 6 Opportunity and each taxing district to submit comments to the
940940 7 municipality concerning the subject matter of the hearing
941941 8 prior to the date of hearing.
942942 9 (d) In the event that any municipality has by ordinance
943943 10 adopted tax increment financing prior to 1987, and has
944944 11 complied with the notice requirements of this Section, except
945945 12 that the notice has not included the requirements of
946946 13 subsection (b), paragraphs (2), (3) and (4), and within 90
947947 14 days of December 16, 1991 (the effective date of Public Act
948948 15 87-813), that municipality passes an ordinance which contains
949949 16 findings that: (1) all taxing districts prior to the time of
950950 17 the hearing required by Section 11-74.4-5 were furnished with
951951 18 copies of a map incorporated into the redevelopment plan and
952952 19 project substantially showing the legal boundaries of the
953953 20 redevelopment project area; (2) the redevelopment plan and
954954 21 project, or a draft thereof, contained a map substantially
955955 22 showing the legal boundaries of the redevelopment project area
956956 23 and was available to the public at the time of the hearing; and
957957 24 (3) since the adoption of any form of tax increment financing
958958 25 authorized by this Act, and prior to June 1, 1991, no objection
959959 26 or challenge has been made in writing to the municipality in
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970970 1 respect to the notices required by this Section, then the
971971 2 municipality shall be deemed to have met the notice
972972 3 requirements of this Act and all actions of the municipality
973973 4 taken in connection with such notices as were given are hereby
974974 5 validated and hereby declared to be legally sufficient for all
975975 6 purposes of this Act.
976976 7 (e) If a municipality desires to propose a redevelopment
977977 8 plan for a redevelopment project area that would result in the
978978 9 displacement of residents from 10 or more inhabited
979979 10 residential units or for a redevelopment project area that
980980 11 contains 75 or more inhabited residential units, the
981981 12 municipality shall hold a public meeting before the mailing of
982982 13 the notices of public hearing as provided in subsection (c) of
983983 14 this Section. However, such a meeting shall be required for
984984 15 any redevelopment plan for a redevelopment project area
985985 16 located within a transit facility improvement area established
986986 17 pursuant to Section 11-74.4-3.3 if the applicable project is
987987 18 subject to the process for evaluation of environmental effects
988988 19 under the National Environmental Policy Act of 1969, 42 U.S.C.
989989 20 4321 et seq. The meeting shall be for the purpose of enabling
990990 21 the municipality to advise the public, taxing districts having
991991 22 real property in the redevelopment project area, taxpayers who
992992 23 own property in the proposed redevelopment project area, and
993993 24 residents in the area as to the municipality's possible intent
994994 25 to prepare a redevelopment plan and designate a redevelopment
995995 26 project area and to receive public comment. The time and place
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10051005 HB1142 - 28 - LRB104 04065 RTM 14089 b
10061006 1 for the meeting shall be set by the head of the municipality's
10071007 2 Department of Planning or other department official designated
10081008 3 by the mayor or city or village manager without the necessity
10091009 4 of a resolution or ordinance of the municipality and may be
10101010 5 held by a member of the staff of the Department of Planning of
10111011 6 the municipality or by any other person, body, or commission
10121012 7 designated by the corporate authorities. The meeting shall be
10131013 8 held at least 14 business days before the mailing of the notice
10141014 9 of public hearing provided for in subsection (c) of this
10151015 10 Section.
10161016 11 Notice of the public meeting shall be given by mail.
10171017 12 Notice by mail shall be not less than 15 days before the date
10181018 13 of the meeting and shall be sent by certified mail to all
10191019 14 taxing districts having real property in the proposed
10201020 15 redevelopment project area and to all entities requesting that
10211021 16 information that have registered with a person and department
10221022 17 designated by the municipality in accordance with registration
10231023 18 guidelines established by the municipality pursuant to Section
10241024 19 11-74.4-4.2. The municipality shall make a good faith effort
10251025 20 to notify all residents and the last known persons who paid
10261026 21 property taxes on real estate in a redevelopment project area.
10271027 22 This requirement shall be deemed to be satisfied if the
10281028 23 municipality mails, by regular mail, a notice to each
10291029 24 residential address and the person or persons in whose name
10301030 25 property taxes were paid on real property for the last
10311031 26 preceding year located within the redevelopment project area.
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10401040 HB1142- 29 -LRB104 04065 RTM 14089 b HB1142 - 29 - LRB104 04065 RTM 14089 b
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10421042 1 Notice shall be in languages other than English when
10431043 2 appropriate. The notices issued under this subsection shall
10441044 3 include the following:
10451045 4 (1) The time and place of the meeting.
10461046 5 (2) The boundaries of the area to be studied for
10471047 6 possible designation as a redevelopment project area by
10481048 7 street and location.
10491049 8 (3) The purpose or purposes of establishing a
10501050 9 redevelopment project area.
10511051 10 (4) A brief description of tax increment financing.
10521052 11 (5) The name, telephone number, and address of the
10531053 12 person who can be contacted for additional information
10541054 13 about the proposed redevelopment project area and who
10551055 14 should receive all comments and suggestions regarding the
10561056 15 development of the area to be studied.
10571057 16 (6) Notification that all interested persons will be
10581058 17 given an opportunity to be heard at the public meeting.
10591059 18 (7) Such other matters as the municipality deems
10601060 19 appropriate.
10611061 20 At the public meeting, any interested person or
10621062 21 representative of an affected taxing district may be heard
10631063 22 orally and may file, with the person conducting the meeting,
10641064 23 statements that pertain to the subject matter of the meeting.
10651065 24 (Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17.)
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