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|[ Introduced ]||[ Engrossed ]||[ Enrolled ]|
|[ House Amendment 002 ]|
91_SB1451ham001 LRB9110178MWgcam02 1 AMENDMENT TO SENATE BILL 1451 2 AMENDMENT NO. . Amend Senate Bill 1451 on page 1, 3 lines 2 and 6, by replacing "Sections 8-8-3.5 and 11-74.6-22" 4 each time it appears with "Sections 8-8-3.5, 11-74.4-5, and 5 11-74.6-22"; and 6 on page 1, immediately below line 29, by inserting the 7 following: 8 "(65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5) 9 Sec. 11-74.4-5. (a) The changes made by this amendatory 10 Act of the 91st General Assembly do not apply to a 11 municipality that, (i) before the effective date of this 12 amendatory Act of the 91st General Assembly, has adopted an 13 ordinance or resolution fixing a time and place for a public 14 hearing under this Section or (ii) before July 1, 1999, has 15 adopted an ordinance or resolution providing for a 16 feasibility study under Section 11-74.4-4.1, but has not yet 17 adopted an ordinance approving redevelopment plans and 18 redevelopment projects or designating redevelopment project 19 areas under Section 11-74.4-4, until after that municipality 20 adopts an ordinance approving redevelopment plans and 21 redevelopment projects or designating redevelopment project 22 areas under Section 11-74.4-4; thereafter the changes made by -2- LRB9110178MWgcam02 1 this amendatory Act of the 91st General Assembly apply to the 2 same extent that they apply to redevelopment plans and 3 redevelopment projects that were approved and redevelopment 4 projects that were designated before the effective date of 5 this amendatory Act of the 91st General Assembly. 6 Prior to the adoption of an ordinance proposing the 7 designation of a redevelopment project area, or approving a 8 redevelopment plan or redevelopment project, the municipality 9 by its corporate authorities, or as it may determine by any 10 commission designated under subsection (k) of Section 11 11-74.4-4 shall adopt an ordinance or resolution fixing a 12 time and place for public hearing. Prior to the adoption of 13 the ordinance or resolution establishing the time and place 14 for the public hearing, the municipality shall make available 15 for public inspection a redevelopment plan or a separate 16 report that provides in reasonable detail the basis for the 17 eligibility of the redevelopment project area. The report 18 along with the name of a person to contact for further 19 information shall be sent within a reasonable time after the 20 adoption of such ordinance or resolution to the affected 21 taxing districts by certified mail. On and after the 22 effective date of this amendatory Act of the 91st General 23 Assembly, the municipality shall print in a newspaper of 24 general circulation within the municipality a notice that 25 interested persons may register with the municipality in 26 order to receive information on the proposed designation of a 27 redevelopment project area or the approval of a redevelopment 28 plan. The notice shall state the place of registration and 29 the operating hours of that place. The municipality shall 30 have adopted reasonable rules to implement this registration 31 process under Section 11-74.4-4.2. Notice of the 32 availability of the redevelopment plan and eligibility 33 report, including how to obtain this information, shall also 34 be sent by mail within a reasonable time after the adoption -3- LRB9110178MWgcam02 1 of the ordinance or resolution to all residents within the 2 postal zip code area or areas contained in whole or in part 3 within the proposed redevelopment project area or 4 organizations that operate in the municipality that have 5 registered with the municipality for that information in 6 accordance with the registration guidelines established by 7 the municipality under Section 11-74.4-4.2. 8 At the public hearing any interested person or affected 9 taxing district may file with the municipal clerk written 10 objections to and may be heard orally in respect to any 11 issues embodied in the notice. The municipality shall hear 12 and determine all protests and objections at the hearing and 13 the hearing may be adjourned to another date without further 14 notice other than a motion to be entered upon the minutes 15 fixing the time and place of the subsequent hearing. At the 16 public hearing or at any time prior to the adoption by the 17 municipality of an ordinance approving a redevelopment plan, 18 the municipality may make changes in the redevelopment plan. 19 Changes which (1) add additional parcels of property to the 20 proposed redevelopment project area, (2) substantially affect 21 the general land uses proposed in the redevelopment plan, (3) 22 substantially change the nature of or extend the life of the 23 redevelopment project, or (4) increase the number of low or 24 very low income households to be displaced from the 25 redevelopment project area, provided that measured from the 26 time of creation of the redevelopment project area the total 27 displacement of the households will exceed 10, shall be made 28 only after the municipality gives notice, convenes a joint 29 review board, and conducts a public hearing pursuant to the 30 procedures set forth in this Section and in Section 11-74.4-6 31 of this Act. Changes which do not (1) add additional parcels 32 of property to the proposed redevelopment project area, (2) 33 substantially affect the general land uses proposed in the 34 redevelopment plan, (3) substantially change the nature of or -4- LRB9110178MWgcam02 1 extend the life of the redevelopment project, or (4) increase 2 the number of low or very low income households to be 3 displaced from the redevelopment project area, provided that 4 measured from the time of creation of the redevelopment 5 project area the total displacement of the households will 6 exceed 10, may be made without further hearing, provided that 7 the municipality shall give notice of any such changes by 8 mail to each affected taxing district and registrant on the 9 interested parties registry, provided for under Section 10 11-74.4-4.2, and by publication in a newspaper of general 11 circulation within the affected taxing district. Such notice 12 by mail and by publication shall each occur not later than 10 13 days following the adoption by ordinance of such changes. 14 Hearings with regard to a redevelopment project area, project 15 or plan may be held simultaneously. 16 (b) Prior to holding a public hearing to approve or 17 amend a redevelopment plan or to designate or add additional 18 parcels of property to a redevelopment project area, the 19 municipality shall convene a joint review board. The board 20 shall consist of a representative selected by each community 21 college district, local elementary school district and high 22 school district or each local community unit school district, 23 park district, library district, township, fire protection 24 district, and county that will have the authority to directly 25 levy taxes on the property within the proposed redevelopment 26 project area at the time that the proposed redevelopment 27 project area is approved, a representative selected by the 28 municipality and a public member. The public member shall 29 first be selected and then the board's chairperson shall be 30 selected by a majority of the board members present and 31 voting. 32 For redevelopment project areas with redevelopment plans 33 or proposed redevelopment plans that would result in the 34 displacement of residents from 10 or more inhabited -5- LRB9110178MWgcam02 1 residential units or that include 75 or more inhabited 2 residential units, the public member shall be a person who 3 resides in the redevelopment project area. If, as determined 4 by the housing impact study provided for in paragraph (5) of 5 subsection (n) of Section 11-74.4-3, or if no housing impact 6 study is required then based on other reasonable data, the 7 majority of residential units are occupied by very low, low, 8 or moderate income households, as defined in Section 3 of the 9 Illinois Affordable Housing Act, the public member shall be a 10 person who resides in very low, low, or moderate income 11 housing within the redevelopment project area. 12 Municipalities with fewer than 15,000 residents shall not be 13 required to select a person who lives in very low, low, or 14 moderate income housing within the redevelopment project 15 area, provided that the redevelopment plan or project will 16 not result in displacement of residents from 10 or more 17 inhabited units, and the municipality so certifies in the 18 plan. If no person satisfying these requirements is 19 available or if no qualified person will serve as the public 20 member, then the joint review board is relieved of this 21 paragraph's selection requirements for the public member. 22 Within 90 days of the effective date of this amendatory 23 Act of the 91st General Assembly, each municipality that 24 designated a redevelopment project area for which it was not 25 required to convene a joint review board under this Section 26 shall convene a joint review board to perform the duties 27 specified under paragraph (e) of this Section. 28 All board members shall be appointed and the first board 29 meeting held following at least 14 days after notice by the 30 municipality to all the taxing districts as required by 31 Section 11-74.4-6(c). Such notice shall also advise the 32 taxing bodies represented on the joint review board of the 33 time and place of the first meeting of the board. Additional 34 meetings of the board shall be held upon the call of any -6- LRB9110178MWgcam02 1 member. The municipality seeking designation of the 2 redevelopment project area shall provide administrative 3 support to the board. 4 The board shall review (i) the public record, planning 5 documents and proposed ordinances approving the redevelopment 6 plan and project and (ii) proposed amendments to the 7 redevelopment plan or additions of parcels of property to the 8 redevelopment project area to be adopted by the municipality. 9 As part of its deliberations, the board may hold additional 10 hearings on the proposal. A board's recommendation shall be 11 an advisory, non-binding recommendation. The recommendation 12 shall be adopted by a majority of those members present and 13 voting. The recommendations shall be submitted to the 14 municipality within 30 days after convening of the board. 15 Failure of the board to submit its report on a timely basis 16 shall not be cause to delay the public hearing or any other 17 step in the process of designating or amending the 18 redevelopment project area but shall be deemed to constitute 19 approval by the joint review board of the matters before it. 20 The board shall base its recommendation to approve or 21 disapprove the redevelopment plan and the designation of the 22 redevelopment project area or the amendment of the 23 redevelopment plan or addition of parcels of property to the 24 redevelopment project area on the basis of the redevelopment 25 project area and redevelopment plan satisfying the plan 26 requirements, the eligibility criteria defined in Section 27 11-74.4-3, and the objectives of this Act. 28 The board shall issue a written report describing why the 29 redevelopment plan and project area or the amendment thereof 30 meets or fails to meet one or more of the objectives of this 31 Act and both the plan requirements and the eligibility 32 criteria defined in Section 11-74.4-3. In the event the Board 33 does not file a report it shall be presumed that these taxing 34 bodies find the redevelopment project area and redevelopment -7- LRB9110178MWgcam02 1 plan satisfy the objectives of this Act and the plan 2 requirements and eligibility criteria. 3 If the board recommends rejection of the matters before 4 it, the municipality will have 30 days within which to 5 resubmit the plan or amendment. During this period, the 6 municipality will meet and confer with the board and attempt 7 to resolve those issues set forth in the board's written 8 report that lead to the rejection of the plan or amendment. 9 In the event that the municipality and the board are unable 10 to resolve these differences, or in the event that the 11 resubmitted plan or amendment is rejected by the board, the 12 municipality may proceed with the plan or amendment, but only 13 upon a three-fifths vote of the corporate authority 14 responsible for approval of the plan or amendment, excluding 15 positions of members that are vacant and those members that 16 are ineligible to vote because of conflicts of interest. 17 (c) After a municipality has by ordinance approved a 18 redevelopment plan and designated a redevelopment project 19 area, the plan may be amended and additional properties may 20 be added to the redevelopment project area only as herein 21 provided. Amendments which (1) add additional parcels of 22 property to the proposed redevelopment project area, (2) 23 substantially affect the general land uses proposed in the 24 redevelopment plan, (3) substantially change the nature of 25 the redevelopment project, (4) increase the total estimated 26 redevelopment project costs set out in the redevelopment plan 27 by more than 5% after adjustment for inflation from the date 28 the plan was adopted, (5) add additional redevelopment 29 project costs to the itemized list of redevelopment project 30 costs set out in the redevelopment plan, or (6) increase the 31 number of low or very low income households to be displaced 32 from the redevelopment project area, provided that measured 33 from the time of creation of the redevelopment project area 34 the total displacement of the households will exceed 10, -8- LRB9110178MWgcam02 1 shall be made only after the municipality gives notice, 2 convenes a joint review board, and conducts a public hearing 3 pursuant to the procedures set forth in this Section and in 4 Section 11-74.4-6 of this Act. Changes which do not (1) add 5 additional parcels of property to the proposed redevelopment 6 project area, (2) substantially affect the general land uses 7 proposed in the redevelopment plan, (3) substantially change 8 the nature of the redevelopment project, (4) increase the 9 total estimated redevelopment project cost set out in the 10 redevelopment plan by more than 5% after adjustment for 11 inflation from the date the plan was adopted, (5) add 12 additional redevelopment project costs to the itemized list 13 of redevelopment project costs set out in the redevelopment 14 plan, or (6) increase the number of low or very low income 15 households to be displaced from the redevelopment project 16 area, provided that measured from the time of creation of the 17 redevelopment project area the total displacement of the 18 households will exceed 10, may be made without further 19 hearing, provided that the municipality shall give notice of 20 any such changes by mail to each affected taxing district and 21 registrant on the interested parties registry, provided for 22 under Section 11-74.4-4.2, and by publication in a newspaper 23 of general circulation within the affected taxing district. 24 Such notice by mail and by publication shall each occur not 25 later than 10 days following the adoption by ordinance of 26 such changes. 27 (d) After the effective date of this amendatory Act of 28 the 91st General Assembly, a municipality shall submit the 29 following information for each redevelopment project area (i) 30 to the State Comptroller under Section 8-8-3.5 of the 31 Illinois Municipal Code and (ii) to all taxing districts 32 overlapping the redevelopment project area no later than 180 33 days after the close of each municipal fiscal year or as soon 34 thereafter as the audited financial statements become -9- LRB9110178MWgcam02 1 available and, in any case, shall be submitted before the 2 annual meeting of the Joint Review Board to each of the 3 taxing districts that overlap the redevelopment project area: 4 (1) Any amendments to the redevelopment plan, the 5 redevelopment project area, or the State Sales Tax 6 Boundary. 7 (1.5) A list of the redevelopment project areas 8 administered by the municipality and, if applicable, the 9 date each redevelopment project area was designated or 10 terminated by the municipality. 11 (2) Audited financial statements of the special tax 12 allocation fund once a cumulative total of $100,000 has 13 been deposited in the fund. 14 (3) Certification of the Chief Executive Officer of 15 the municipality that the municipality has complied with 16 all of the requirements of this Act during the preceding 17 fiscal year. 18 (4) An opinion of legal counsel that the 19 municipality is in compliance with this Act. 20 (5) An analysis of the special tax allocation fund 21 which sets forth: 22 (A) the balance in the special tax allocation 23 fund at the beginning of the fiscal year; 24 (B) all amounts deposited in the special tax 25 allocation fund by source; 26 (C) an itemized list of all expenditures from 27 the special tax allocation fund by category of 28 permissible redevelopment project cost; and 29 (D) the balance in the special tax allocation 30 fund at the end of the fiscal year including a 31 breakdown of that balance by source and a breakdown 32 of that balance identifying any portion of the 33 balance that is required, pledged, earmarked, or 34 otherwise designated for payment of or securing of -10- LRB9110178MWgcam02 1 obligations and anticipated redevelopment project 2 costs. Any portion of such ending balance that has 3 not been identified or is not identified as being 4 required, pledged, earmarked, or otherwise 5 designated for payment of or securing of obligations 6 or anticipated redevelopment projects costs shall be 7 designated as surplus as set forth in Section 8 11-74.4-7 hereof. 9 (6) A description of all property purchased by the 10 municipality within the redevelopment project area 11 including: 12 (A) Street address. 13 (B) Approximate size or description of 14 property. 15 (C) Purchase price. 16 (D) Seller of property. 17 (7) A statement setting forth all activities 18 undertaken in furtherance of the objectives of the 19 redevelopment plan, including: 20 (A) Any project implemented in the preceding 21 fiscal year. 22 (B) A description of the redevelopment 23 activities undertaken. 24 (C) A description of any agreements entered 25 into by the municipality with regard to the 26 disposition or redevelopment of any property within 27 the redevelopment project area or the area within 28 the State Sales Tax Boundary. 29 (D) Additional information on the use of all 30 funds received under this Division and steps taken 31 by the municipality to achieve the objectives of the 32 redevelopment plan. 33 (E) Information regarding contracts that the 34 municipality's tax increment advisors or consultants -11- LRB9110178MWgcam02 1 have entered into with entities or persons that have 2 received, or are receiving, payments financed by tax 3 increment revenues produced by the same 4 redevelopment project area. 5 (F) Any reports submitted to the municipality 6 by the joint review board. 7 (G) A review of public and, to the extent 8 possible, private investment actually undertaken to 9 date after the effective date of this amendatory Act 10 of the 91st General Assembly and estimated to be 11 undertaken during the following year. This review 12 shall, on a project-by-project basis, set forth the 13 estimated amounts of public and private investment 14 incurred after the effective date of this amendatory 15 Act of the 91st General Assembly and provide the 16 ratio of private investment to public investment to 17 the date of the report and as estimated to the 18 completion of the redevelopment project. 19 (8) With regard to any obligations issued by the 20 municipality: 21 (A) copies of any official statements; and 22 (B) an analysis prepared by financial advisor 23 or underwriter setting forth: (i) nature and term of 24 obligation; and (ii) projected debt service 25 including required reserves and debt coverage. 26 (9) For special tax allocation funds that have 27 experienced cumulative deposits of incremental tax 28 revenues of $100,000 or more, a certified audit report 29 reviewing compliance with this Act performed by an 30 independent public accountant certified and licensed by 31 the authority of the State of Illinois. The financial 32 portion of the audit must be conducted in accordance with 33 Standards for Audits of Governmental Organizations, 34 Programs, Activities, and Functions adopted by the -12- LRB9110178MWgcam02 1 Comptroller General of the United States (1981), as 2 amended, or the contents specified by Section 8-8-5 of 3 the Illinois Municipal Auditing Law of the Illinois 4 Municipal Code. The audit report shall contain a letter 5 from the independent certified public accountant 6 indicating compliance or noncompliance with the 7 requirements of subsection (q) of Section 11-74.4-3. For 8 redevelopment plans or projects that would result in the 9 displacement of residents from 10 or more inhabited 10 residential units or that contain 75 or more inhabited 11 residential units, notice of the availability of the 12 information, including how to obtain the report, required 13 in this subsection shall also be sent by mail to all 14 residents or organizations that operate in the 15 municipality that register with the municipality for that 16 information according to registration procedures adopted 17 under Section 11-74.4-4.2. All municipalities are 18 subject to this provision. 19 (d-1) Prior to the effective date of this amendatory Act 20 of the 91st General Assembly, municipalities with populations 21 of over 1,000,000 shall, after adoption of a redevelopment 22 plan or project, make available upon request to any taxing 23 district in which the redevelopment project area is located 24 the following information: 25 (1) Any amendments to the redevelopment plan, the 26 redevelopment project area, or the State Sales Tax 27 Boundary; and 28 (2) In connection with any redevelopment project 29 area for which the municipality has outstanding 30 obligations issued to provide for redevelopment project 31 costs pursuant to Section 11-74.4-7, audited financial 32 statements of the special tax allocation fund. 33 (e) The joint review board shall meet annually 180 days 34 after the close of the municipal fiscal year or as soon as -13- LRB9110178MWgcam02 1 the redevelopment project audit for that fiscal year becomes 2 available to review the effectiveness and status of the 3 redevelopment project area up to that date. 4 (f) (Blank). 5 (g) In the event that a municipality has held a public 6 hearing under this Section prior to March 14, 1994 (the 7 effective date of Public Act 88-537), the requirements 8 imposed by Public Act 88-537 relating to the method of fixing 9 the time and place for public hearing, the materials and 10 information required to be made available for public 11 inspection, and the information required to be sent after 12 adoption of an ordinance or resolution fixing a time and 13 place for public hearing shall not be applicable. 14 (Source: P.A. 91-357, eff. 7-29-99; 91-478, eff. 11-1-99.)"; 15 and 16 on page 9, line 2, after "amended", by inserting ", or the 17 contents specified by Section 8-8-5 of the Illinois Municipal 18 Auditing Law of the Illinois Municipal Code".
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