Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1432 Latest Draft

Bill / Introduced Version Filed 01/31/2025

                            104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1432 Introduced 1/31/2025, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: 65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7 Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that all surplus funds in the special tax allocation fund shall be distributed as soon as possible after they are calculated (rather than distributed annually within 180 days after the close of the municipality's fiscal year). LRB104 08034 RTM 18080 b   A BILL FOR 104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1432 Introduced 1/31/2025, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:  65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7 65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7 Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that all surplus funds in the special tax allocation fund shall be distributed as soon as possible after they are calculated (rather than distributed annually within 180 days after the close of the municipality's fiscal year).  LRB104 08034 RTM 18080 b     LRB104 08034 RTM 18080 b   A BILL FOR
104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1432 Introduced 1/31/2025, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7 65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7
65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7
Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that all surplus funds in the special tax allocation fund shall be distributed as soon as possible after they are calculated (rather than distributed annually within 180 days after the close of the municipality's fiscal year).
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    LRB104 08034 RTM 18080 b
A BILL FOR
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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 Section 11-74.4-7 as follows:
6  (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
7  Sec. 11-74.4-7. Obligations secured by the special tax
8  allocation fund set forth in Section 11-74.4-8 for the
9  redevelopment project area may be issued to provide for
10  redevelopment project costs. Such obligations, when so issued,
11  shall be retired in the manner provided in the ordinance
12  authorizing the issuance of such obligations by the receipts
13  of taxes levied as specified in Section 11-74.4-9 against the
14  taxable property included in the area, by revenues as
15  specified by Section 11-74.4-8a and other revenue designated
16  by the municipality. A municipality may in the ordinance
17  pledge all or any part of the funds in and to be deposited in
18  the special tax allocation fund created pursuant to Section
19  11-74.4-8 to the payment of the redevelopment project costs
20  and obligations. Any pledge of funds in the special tax
21  allocation fund shall provide for distribution to the taxing
22  districts and to the Illinois Department of Revenue of moneys
23  not required, pledged, earmarked, or otherwise designated for

 

104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1432 Introduced 1/31/2025, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7 65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7
65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7
Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that all surplus funds in the special tax allocation fund shall be distributed as soon as possible after they are calculated (rather than distributed annually within 180 days after the close of the municipality's fiscal year).
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A BILL FOR

 

 

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



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

 

 

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1  Without limiting the foregoing in this Section, the
2  municipality may in addition to obligations secured by the
3  special tax allocation fund pledge for a period not greater
4  than the term of the obligations towards payment of such
5  obligations any part or any combination of the following: (a)
6  net revenues of all or part of any redevelopment project; (b)
7  taxes levied and collected on any or all property in the
8  municipality; (c) the full faith and credit of the
9  municipality; (d) a mortgage on part or all of the
10  redevelopment project; (d-5) repayment of bonds issued
11  pursuant to subsection (p-130) of Section 19-1 of the School
12  Code; or (e) any other taxes or anticipated receipts that the
13  municipality may lawfully pledge.
14  Such obligations may be issued in one or more series
15  bearing interest at such rate or rates as the corporate
16  authorities of the municipality shall determine by ordinance.
17  Such obligations shall bear such date or dates, mature at such
18  time or times not exceeding 20 years from their respective
19  dates, be in such denomination, carry such registration
20  privileges, be executed in such manner, be payable in such
21  medium of payment at such place or places, contain such
22  covenants, terms and conditions, and be subject to redemption
23  as such ordinance shall provide. Obligations issued pursuant
24  to this Act may be sold at public or private sale at such price
25  as shall be determined by the corporate authorities of the
26  municipalities. No referendum approval of the electors shall

 

 

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

 

 

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

 

 

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

 

 

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