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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3914 Introduced 2/22/2021, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
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Creates the Positive Action Act. Provides that each State agency and employer shall take positive action when it reasonably believes such action is necessary to rectify discrimination or a disadvantage towards persons having a protected characteristic. Allows for favorable consideration in the process of recruitment or promotion for persons having a protected characteristic. Provides that each State agency and employer shall have a duty of equality in relation to employment and its employees. Specifies further requirements concerning the duty of equality. Requires each State agency to perform an internal examination for the existence of eugenics-inspired policies, and issue an annual report to the Governor and the General Assembly. Requires each State agency to take positive action and implement strategies and programs to eliminate and prevent any disparities created by discriminatory administrative rules, policies, and procedures. Provides for the adoption of rules. Provides that nothing in the Act shall be construed to contravene any federal law or requirement regarding affirmative action or its application to State law. Makes conforming changes for the purpose of changing references from "affirmative action" to "positive action". Defines terms.
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| | A BILL FOR |
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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the |
5 | | Positive Action Act. |
6 | | Section 5. Definitions. As used in this Act: |
7 | | "Employer" means and includes: (i) any person employing |
8 | | one or more employees within this State; (ii) the State and any |
9 | | political subdivision, municipal corporation, or other |
10 | | governmental unit or agency, without regard to the number of |
11 | | employees; and (iii) any party to a public contract without |
12 | | regard to the number of employees. |
13 | | "Eugenics-inspired policies" means any administrative rule |
14 | | or policy, including State agency rules, policies, and |
15 | | procedures, derived from a belief that heredity is the |
16 | | fundamental determinant of an individual's ability to |
17 | | contribute to society, which excludes, or has the effect of |
18 | | excluding, persons and groups judged to be inferior, based |
19 | | upon such characteristics as race, ethnicity, mental and |
20 | | physical disabilities, country of origin, and poverty, while |
21 | | promoting, or having the effect of promoting, those judged to |
22 | | be superior. |
23 | | "Positive action" means measures, including, but not |
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1 | | limited to, measures as provided under this Act, that are |
2 | | taken regarding people from underrepresented groups or people |
3 | | having a protected characteristic to aid them in overcoming |
4 | | discrimination and disadvantages in competing with or in |
5 | | relation to persons not of the disadvantaged group. Any |
6 | | reference in any law or rule to the term "affirmative action" |
7 | | as used within the context of eliminating past discrimination |
8 | | or preventing future discrimination is deemed to be a |
9 | | reference to "positive action" as defined and used under this |
10 | | Act. Any reference in any law or rule to the term "positive |
11 | | action" is deemed to be a reference to "positive action" as |
12 | | defined and used under this Act, unless explicitly indicated |
13 | | otherwise. |
14 | | "Protected characteristic" means race and any other |
15 | | characteristic which may be used, either directly or |
16 | | indirectly, to discriminate against or place at a disadvantage |
17 | | such persons having that characteristic. |
18 | | "State agency" shall have the same meaning as provided |
19 | | under Section 1-7 of the Illinois State Auditing Act. |
20 | | Section 10. Positive action. |
21 | | (a) Each State agency and employer shall take positive |
22 | | action within each respective entity when it reasonably |
23 | | believes such action is necessary to rectify discrimination or |
24 | | a disadvantage towards persons having a protected |
25 | | characteristic based upon the following circumstances: |
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1 | | (1) persons who share a protected characteristic |
2 | | suffer a disadvantage connected to the characteristic; |
3 | | (2) persons who share a protected characteristic have |
4 | | needs that are different from the needs of persons who do |
5 | | not share that characteristic; or |
6 | | (3) participation in an opportunity or activity by |
7 | | persons who share a protected characteristic is |
8 | | disproportionately low.
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9 | | (b) Subject to subsection (c), for the purpose of |
10 | | specifically enabling or encouraging persons who share a |
11 | | protected characteristic to overcome or minimize disadvantages |
12 | | or to participate in an opportunity or activity that has |
13 | | disproportionately low participation by persons sharing the |
14 | | protected characteristic, a State agency or employer may |
15 | | consider persons sharing the protected characteristic more |
16 | | favorably than persons who do not share that characteristic in |
17 | | the process of recruitment or promotion. |
18 | | (c) Favorable consideration in the process of recruitment |
19 | | or promotion under subsection (b) shall only be allowed if: |
20 | | (1) the person having the protected characteristic is |
21 | | as qualified as the person not having the protected |
22 | | characteristic; |
23 | | (2) the State agency or employer does not have a |
24 | | policy of considering persons who share the protected |
25 | | characteristic more favorably in connection with |
26 | | recruitment or promotion than persons who do not share the |
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1 | | characteristic; and |
2 | | (3) taking the action in question is a proportionate |
3 | | means of enabling or encouraging persons who share a |
4 | | protected characteristic to overcome or minimize |
5 | | disadvantages or to participate in an opportunity or |
6 | | activity that has disproportionately low participation by |
7 | | persons sharing the protected characteristic.
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8 | | Section 15. Duty of equality. |
9 | | (a) In addition to the requirements of Section 10, each |
10 | | State agency and employer shall have a duty of equality in |
11 | | relation to employment and its employees as provided under |
12 | | this Section. |
13 | | (b) Each State agency shall, in the exercise of its |
14 | | functions, develop a policy for and take positive action |
15 | | towards the following: |
16 | | (1) elimination of discrimination, harassment, |
17 | | victimization, and any other discriminatory conduct that |
18 | | may be directed towards employees having a protected |
19 | | characteristic; |
20 | | (2) advancement of equality of opportunity within the |
21 | | State agency between persons who share a relevant |
22 | | protected characteristic and persons who do not share that |
23 | | characteristic; and |
24 | | (3) fostering of good relations within the State |
25 | | agency between persons who share a relevant protected |
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1 | | characteristic and persons who do not share that |
2 | | characteristic. |
3 | | (c) An employer shall, in the exercise of its functions, |
4 | | develop a policy and take positive action to the extent |
5 | | specified under subsection (a). Nothing in this subsection (c) |
6 | | precludes an employer from developing a policy or taking |
7 | | action in excess of that required under subsection (a). |
8 | | (d) Each State agency and employer shall, for the purpose |
9 | | of advancing equality of employment opportunities between |
10 | | persons who share a relevant protected characteristic and |
11 | | persons who do not share that characteristic, take positive |
12 | | action to: |
13 | | (1) remove or minimize disadvantages suffered by |
14 | | persons who share a relevant protected characteristic that |
15 | | are connected to that characteristic; |
16 | | (2) meet the needs of persons who share a relevant |
17 | | protected characteristic that are different from the needs |
18 | | of persons who do not share that characteristic; and |
19 | | (3) encourage persons who share a relevant protected |
20 | | characteristic to participate in opportunities in which |
21 | | participation by such persons is disproportionately low. |
22 | | (e) Each State agency and employer shall, for the purpose |
23 | | of fostering good employee relations between persons who share |
24 | | a relevant protected characteristic and persons who do not |
25 | | share that characteristic, take positive action to: (i) |
26 | | minimize prejudice; and (ii) promote understanding.
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1 | | Section 20. Eugenics-inspired policies; positive action. |
2 | | (a) Each State agency shall perform an internal |
3 | | examination for the existence of eugenics-inspired policies or |
4 | | administrative rules, policies, and procedures that otherwise |
5 | | have or may have a discriminatory impact creating disparities |
6 | | between classes of persons, and issue an annual report to the |
7 | | Governor and the General Assembly. Each State agency shall |
8 | | also make its report available to the public on its Internet |
9 | | website. |
10 | | (b) Each State agency shall take positive action and |
11 | | implement strategies and programs to eliminate and prevent any |
12 | | disparities created by discriminatory administrative rules, |
13 | | policies, and procedures, and make the services provided by |
14 | | the State agency more readily accessible to the public. |
15 | | Section 25. Rules. Each State agency subject to the |
16 | | provisions of this Act may adopt all rules necessary to |
17 | | perform its requirements under this Act. |
18 | | Section 30. Construction. Nothing in this Act shall be |
19 | | construed to contravene any federal law or requirement |
20 | | regarding affirmative action or its application to State law. |
21 | | Section 100. The Election Code is amended by changing |
22 | | Section 7-14.1 as follows:
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1 | | (10 ILCS 5/7-14.1) (from Ch. 46, par. 7-14.1)
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2 | | Sec. 7-14.1.
Delegates and alternate delegates to national |
3 | | nominating
conventions shall be chosen according to one of the |
4 | | following alternative
methods of allocating delegates for |
5 | | election. The State central committee
of each political party |
6 | | established pursuant to this Article 7 shall certify
to the |
7 | | State Board of Elections, not less than 30 days prior to the |
8 | | first
date for filing of petitions for election as delegate or |
9 | | alternate delegate
to a national nominating convention, which |
10 | | of the following alternatives
it wishes to be utilized in |
11 | | allocating the delegates and alternate delegates
to which |
12 | | Illinois will be entitled at its national nominating |
13 | | convention.
The State Board of Elections shall meet promptly |
14 | | and, not less than 20 days
prior to the first date for filing |
15 | | of such petitions, shall publish and
certify to the county |
16 | | clerk in each county the number of delegates or alternate
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17 | | delegates to be elected from each congressional district or |
18 | | from the State
at large or State convention of a political |
19 | | party, as the case may be,
according to the method chosen by |
20 | | each State central committee. If
a State central committee |
21 | | fails to certify to the State Board of
Elections its choice of |
22 | | one of the following methods prior to the
aforementioned |
23 | | meeting of the State Board of Elections, the State Board
of |
24 | | Elections shall certify delegates for that political party |
25 | | pursuant
to whichever of the alternatives below was used by |
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1 | | that political party
pursuant to whichever of the alternatives |
2 | | below was used by that
political party in the most recent year |
3 | | in which delegates were
selected, subject to any subsequent |
4 | | amendments.
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5 | | Prior to the aforementioned meeting of the State Board of |
6 | | Elections at
which the Board shall publish and certify to the |
7 | | county clerk the number
of delegates or alternate delegates to |
8 | | be elected from each congressional
district or the State at |
9 | | large or State convention, the Secretary of State
shall |
10 | | ascertain from the call of the national convention of each |
11 | | political
party the number of delegates and alternate |
12 | | delegates to which Illinois
will be entitled at the respective |
13 | | national nominating conventions. The
Secretary of State shall |
14 | | report the number
of delegates and alternate delegates to |
15 | | which Illinois will be entitled
at the respective national |
16 | | nominating conventions to the State Board of
Elections |
17 | | convened as aforesaid to be utilized by the State Board of
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18 | | Elections in calculating the number of delegates and |
19 | | alternates to be
elected from each congressional district in |
20 | | the State at large or State
convention, as the case may be.
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21 | | Alternative A: The State Board of Elections shall allocate |
22 | | the number of
delegates and alternate delegates to which the |
23 | | State is entitled among the
congressional districts in the |
24 | | State.
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25 | | 1. Of the number of delegates to which the State is |
26 | | entitled, 10, plus
those remaining unallocated under paragraph |
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1 | | 2, shall be delegates at large.
The State central committee of |
2 | | the appropriate political party shall determine
whether the |
3 | | delegates at large shall be (a) elected in the primary from
the |
4 | | State at large, (b) selected by the State convention, or (c) |
5 | | chosen
by a combination of these 2 methods. If the State |
6 | | central committee determines
that all or a specified number of |
7 | | the delegates at large shall be elected
in the primary, the |
8 | | committee shall file with the Board a report of such
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9 | | determination at the same time it certifies the alternative it |
10 | | wishes to
use in allocating its delegates.
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11 | | 2. All delegates other than the delegates at large shall |
12 | | be elected from
the congressional districts. Two delegates |
13 | | shall be allocated from this
number to each district. After |
14 | | reserving 10 delegates to be delegates at
large and allocating |
15 | | 2 delegates to each district, the Board shall allocate
the |
16 | | remaining delegates to the congressional districts pursuant to |
17 | | the
following formula:
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18 | | (a) For each district, the number of remaining |
19 | | delegates shall be multiplied
by a fraction, the numerator |
20 | | of which is the vote cast in the congressional
district |
21 | | for the party's nominee in the last Presidential election, |
22 | | and
the denominator of which is the vote cast in the State |
23 | | for the party's nominee
in the last Presidential election.
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24 | | (b) The Board shall first allocate to each district a |
25 | | number of delegates
equal to the whole number in the |
26 | | product resulting from the multiplication
procedure in |
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1 | | subparagraph (a).
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2 | | (c) The Board shall then allocate any remaining |
3 | | delegates, one to each
district, in the order of the |
4 | | largest fractional remainder in the product
resulting from |
5 | | the multiplication procedure in subparagraph (a), omitting
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6 | | those districts for which that product is less than 1.875.
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7 | | (d) The Board shall then allocate any remaining |
8 | | delegates, one to each
district, in the order of the |
9 | | largest fractional remainder in the product
resulting from |
10 | | the multiplication procedure in subparagraph (a), among |
11 | | those
districts for which that product is at least one but |
12 | | less than 1.875.
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13 | | (e) Any delegates remaining unallocated shall be |
14 | | delegates at large and
shall be selected as determined by |
15 | | the State central committee under paragraph
1 of this |
16 | | Alternative A.
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17 | | 3. The alternate delegates at large shall be allocated in |
18 | | the same manner
as the delegates at large. The alternate |
19 | | delegates other than the alternate
delegates at large shall be |
20 | | allocated in the same manner as the delegates
other than the |
21 | | delegates at large.
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22 | | Alternative B: the chair of the State central committee |
23 | | shall file
with the State Board of Elections a statement of the |
24 | | number of delegates
and alternate delegates to which the State |
25 | | is entitled and the number of
such delegates and alternate |
26 | | delegates to be elected from congressional
districts. The |
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1 | | State Board of Elections shall allocate such number of
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2 | | delegates and alternate delegates, as the case may be, among |
3 | | the
congressional districts in the State for election from the |
4 | | congressional districts.
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5 | | The Board shall utilize the sum of 1/3 of each of the |
6 | | following formulae
to determine the number of delegates and |
7 | | alternate delegates, as the case
may be, to be elected from |
8 | | each congressional district:
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9 | | (1) Formula 1 shall be determined by multiplying |
10 | | paragraphs (a), (b), and (c)
together as follows:
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11 | | (a) The fraction derived by dividing the population of |
12 | | the district by
the population of the State and adding to |
13 | | that fraction the following: 1/2
of the fraction |
14 | | calculated by dividing the total district vote for the |
15 | | party's
candidate in the most recent presidential election |
16 | | by the total statewide
vote for that candidate in that |
17 | | election, plus 1/2 of the fraction calculated
by dividing |
18 | | the total district vote for the party's candidate in the |
19 | | second
most recent Presidential election by the total |
20 | | statewide vote for that
candidate in that election;
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21 | | (b) 1/2;
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22 | | (c) The number of delegates or alternate delegates, as |
23 | | the case may be,
to which the State is entitled at the |
24 | | party's national nominating convention.
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25 | | (2) Formula 2 shall be determined by multiplying |
26 | | paragraphs (a), (b), and (c)
together as follows:
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1 | | (a) The fraction calculated by dividing the total |
2 | | numbers of votes in
the district for the party's candidate |
3 | | in the most recent Gubernatorial
election by the total |
4 | | statewide vote for that candidate in that election,
plus, |
5 | | the fraction calculated by dividing the total district |
6 | | vote for the
party's candidate in the most recent |
7 | | presidential election by the total
statewide vote for that |
8 | | candidate in that election;
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9 | | (b) 1/2;
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10 | | (c) The number of delegates or alternate delegates, as |
11 | | the case may be,
to which the State is entitled at the |
12 | | party's national nominating convention.
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13 | | (3) Formula 3 shall be determined by multiplying |
14 | | paragraphs (a), (b), and (c)
together as follows:
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15 | | (a) 1/2 of the fraction calculated by dividing the |
16 | | total district vote
for the party's candidate in the most |
17 | | recent presidential election by the
total statewide vote |
18 | | for that candidate in that election, plus 1/2 of the
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19 | | fraction calculated by dividing the total district vote |
20 | | for the party's
candidate in the second most recent |
21 | | presidential election by the total
statewide vote for that |
22 | | candidate in that election. This sum shall be
added to the |
23 | | fraction calculated by dividing the total voter |
24 | | registration
of the party in the district by the total |
25 | | voter registration of the party
in the State as of January |
26 | | 1 of the year prior to the year in which the
national |
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1 | | nominating convention is held;
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2 | | (b) 1/2;
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3 | | (c) The number of delegates or alternate delegates, as |
4 | | the case may be,
to which the State is entitled at the |
5 | | party's national nominating convention.
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6 | | Fractional numbers of delegates and alternate delegates |
7 | | shall be rounded
upward in rank order to the next whole number, |
8 | | largest fraction first, until
the total number of delegates |
9 | | and alternate delegates, respectively, to
be so chosen have |
10 | | been allocated.
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11 | | The remainder of the delegates and alternate delegates |
12 | | shall be selected
as determined by the State central committee |
13 | | of the party and shall be
certified to the State Board of |
14 | | Elections by the chair of the State central
committee.
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15 | | Notwithstanding anything to the contrary contained herein, |
16 | | with
respect to all aspects of the selection of delegates and |
17 | | alternate delegates
to a national nominating convention under |
18 | | Alternative B, this Code shall be superseded
by the delegate |
19 | | selection rules and policies of the
national political party |
20 | | including, but not limited to, the development of a positive |
21 | | action
an affirmative action plan.
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22 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
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23 | | Section 105. The Secretary of State Merit Employment Code |
24 | | is amended by changing Section 18 as follows:
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1 | | (15 ILCS 310/18) (from Ch. 124, par. 118)
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2 | | Sec. 18. Positive Action Affirmative Action . The Secretary |
3 | | of State shall appoint an
Equal Employment Opportunity Officer |
4 | | who shall serve until his or her successor
is appointed and |
5 | | qualified.
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6 | | (Source: P.A. 80-13.)
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7 | | Section 110. The Comptroller Merit Employment Code is |
8 | | amended by changing Section 18 as follows:
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9 | | (15 ILCS 410/18) (from Ch. 15, par. 453)
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10 | | Sec. 18. Positive Action Affirmative Action . The |
11 | | Comptroller shall appoint an Equal
Employment Opportunity |
12 | | Officer who shall serve until his or her successor
is |
13 | | appointed. The Equal Employment Opportunity Officer may be |
14 | | assigned
such other duties as the Comptroller may direct.
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15 | | (Source: P.A. 80-1397.)
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16 | | Section 115. The African American Employment Plan Act is |
17 | | amended by changing Section 20 as follows: |
18 | | (20 ILCS 30/20)
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19 | | Sec. 20. State agency positive action affirmative action |
20 | | and equal employment opportunity goals.
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21 | | (a) Each State agency shall implement strategies and |
22 | | programs in accordance with the African American Employment |
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1 | | Plan to increase the number of African Americans employed by |
2 | | that State agency and the number of African Americans employed |
3 | | by that State agency at supervisory, technical, professional, |
4 | | and managerial levels. |
5 | | (b) Each State agency shall report annually to the |
6 | | Department and the Department of Human Rights, in a format |
7 | | prescribed by the Department, all of the agency's activities |
8 | | in implementing the African American Employment Plan. Each |
9 | | agency's annual report shall include reports or information |
10 | | related to the agency's African American employment strategies |
11 | | and programs that the agency has received from the Department, |
12 | | the Department of Human Rights, or the Auditor General, |
13 | | pursuant to their periodic review responsibilities; findings |
14 | | made by the Governor in his or her report to the General |
15 | | Assembly; assessments of service needs based upon the agency's |
16 | | service populations; information on the agency's studies and |
17 | | monitoring success concerning the number of African Americans |
18 | | employed by the agency at the supervisory, technical, |
19 | | professional, and managerial levels and any increases in those |
20 | | categories from the prior year; and information concerning the |
21 | | agency's African American employment budget allocations. |
22 | | (c) The Department shall assist State agencies required to |
23 | | establish preparation and promotion training programs under |
24 | | subsection (H) of Section 7-105 of the Illinois Human Rights |
25 | | Act for failure to meet their positive action affirmative |
26 | | action and equal employment opportunity goals. The Department |
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1 | | shall survey State agencies to identify effective existing |
2 | | training programs and shall serve as a resource to other State |
3 | | agencies. The Department shall assist agencies in the |
4 | | development and modification of training programs to enable |
5 | | them to meet their positive action affirmative action and |
6 | | equal employment opportunity goals and shall provide |
7 | | information regarding other existing training and educational |
8 | | resources, such as the Upward Mobility Program, the Illinois |
9 | | Institute for Training and Development, the Central Management |
10 | | Services Training Center, Executive Recruitment Internships, |
11 | | and Graduate Public Service Internships.
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12 | | (Source: P.A. 96-1341, eff. 7-27-10.) |
13 | | Section 120. The Illinois Act on the Aging is amended by |
14 | | changing Section 4.01 as follows:
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15 | | (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
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16 | | Sec. 4.01. Additional powers and duties of the Department. |
17 | | In addition
to powers and duties otherwise provided by law, |
18 | | the Department shall have the
following powers and duties:
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19 | | (1) To evaluate all programs, services, and facilities for |
20 | | the aged
and for minority senior citizens within the State and |
21 | | determine the extent
to which present public or private |
22 | | programs, services and facilities meet the
needs of the aged.
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23 | | (2) To coordinate and evaluate all programs, services, and |
24 | | facilities
for the Aging and for minority senior citizens |
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1 | | presently furnished by State
agencies and make appropriate |
2 | | recommendations regarding such services, programs
and |
3 | | facilities to the Governor and/or the General Assembly.
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4 | | (2-a) To request, receive, and share information |
5 | | electronically through the use of data-sharing agreements for |
6 | | the purpose of (i) establishing and verifying the initial and |
7 | | continuing eligibility of older adults to participate in |
8 | | programs administered by the Department; (ii) maximizing |
9 | | federal financial participation in State assistance |
10 | | expenditures; and (iii) investigating allegations of fraud or |
11 | | other abuse of publicly funded benefits. Notwithstanding any |
12 | | other law to the contrary, but only for the limited purposes |
13 | | identified in the preceding sentence, this paragraph (2-a) |
14 | | expressly authorizes the exchanges of income, identification, |
15 | | and other pertinent eligibility information by and among the |
16 | | Department and the Social Security Administration, the |
17 | | Department of Employment Security, the Department of |
18 | | Healthcare and Family Services, the Department of Human |
19 | | Services, the Department of Revenue, the Secretary of State, |
20 | | the U.S. Department of Veterans Affairs, and any other |
21 | | governmental entity. The confidentiality of information |
22 | | otherwise shall be maintained as required by law. In addition, |
23 | | the Department on Aging shall verify employment information at |
24 | | the request of a community care provider for the purpose of |
25 | | ensuring program integrity under the Community Care Program. |
26 | | (3) To function as the sole State agency to develop a |
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1 | | comprehensive
plan to meet the needs of the State's senior |
2 | | citizens and the State's
minority senior citizens.
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3 | | (4) To receive and disburse State and federal funds made |
4 | | available
directly to the Department including those funds |
5 | | made available under the
Older Americans Act and the Senior |
6 | | Community Service Employment Program for
providing services |
7 | | for senior citizens and minority senior citizens or for
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8 | | purposes related thereto, and shall develop and administer any |
9 | | State Plan
for the Aging required by federal law.
|
10 | | (5) To solicit, accept, hold, and administer in behalf of |
11 | | the State
any grants or legacies of money, securities, or |
12 | | property to the State of
Illinois for services to senior |
13 | | citizens and minority senior citizens or
purposes related |
14 | | thereto.
|
15 | | (6) To provide consultation and assistance to communities, |
16 | | area agencies
on aging, and groups developing local services |
17 | | for senior citizens and
minority senior citizens.
|
18 | | (7) To promote community education regarding the problems |
19 | | of senior
citizens and minority senior citizens through |
20 | | institutes, publications,
radio, television and the local |
21 | | press.
|
22 | | (8) To cooperate with agencies of the federal government |
23 | | in studies
and conferences designed to examine the needs of |
24 | | senior citizens and minority
senior citizens and to prepare |
25 | | programs and facilities to meet those needs.
|
26 | | (9) To establish and maintain information and referral |
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| | HB3914 | - 19 - | LRB102 16820 RJF 22223 b |
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1 | | sources
throughout the State when not provided by other |
2 | | agencies.
|
3 | | (10) To provide the staff support that may reasonably be |
4 | | required
by the Council.
|
5 | | (11) To make and enforce rules and regulations necessary |
6 | | and proper
to the performance of its duties.
|
7 | | (12) To establish and fund programs or projects or |
8 | | experimental facilities
that are specially designed as |
9 | | alternatives to institutional care.
|
10 | | (13) To develop a training program to train the counselors |
11 | | presently
employed by the Department's aging network to |
12 | | provide Medicare
beneficiaries with counseling and advocacy in |
13 | | Medicare, private health
insurance, and related health care |
14 | | coverage plans. The Department shall
report to the General |
15 | | Assembly on the implementation of the training
program on or |
16 | | before December 1, 1986.
|
17 | | (14) To make a grant to an institution of higher learning |
18 | | to study the
feasibility of establishing and implementing a |
19 | | positive action an affirmative action
employment plan for the |
20 | | recruitment, hiring, training and retraining of
persons 60 or |
21 | | more years old for jobs for which their employment would not
be |
22 | | precluded by law.
|
23 | | (15) To present one award annually in each of the |
24 | | categories of community
service, education, the performance |
25 | | and graphic arts, and the labor force
to outstanding Illinois |
26 | | senior citizens and minority senior citizens in
recognition of |
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1 | | their individual contributions to either community service,
|
2 | | education, the performance and graphic arts, or the labor |
3 | | force. The awards
shall be presented to 4 senior citizens and |
4 | | minority senior citizens
selected from a list of 44 nominees |
5 | | compiled annually by
the Department. Nominations shall be |
6 | | solicited from senior citizens'
service providers, area |
7 | | agencies on aging, senior citizens'
centers, and senior |
8 | | citizens' organizations. The Department shall establish a |
9 | | central location within
the State to be designated as the |
10 | | Senior Illinoisans Hall of Fame for the
public display of all |
11 | | the annual awards, or replicas thereof.
|
12 | | (16) To establish multipurpose senior centers through area |
13 | | agencies on
aging and to fund those new and existing |
14 | | multipurpose senior centers
through area agencies on aging, |
15 | | the establishment and funding to begin in
such areas of the |
16 | | State as the Department shall designate by rule and as
|
17 | | specifically appropriated funds become available.
|
18 | | (17) (Blank).
|
19 | | (18) To develop a pamphlet in English and Spanish which |
20 | | may be used by
physicians licensed to practice medicine in all |
21 | | of its branches pursuant
to the Medical Practice Act of 1987, |
22 | | pharmacists licensed pursuant to the
Pharmacy Practice Act, |
23 | | and Illinois residents 65 years of age or
older for the purpose |
24 | | of assisting physicians, pharmacists, and patients in
|
25 | | monitoring prescriptions provided by various physicians and to |
26 | | aid persons
65 years of age or older in complying with |
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1 | | directions for proper use of
pharmaceutical prescriptions. The |
2 | | pamphlet may provide space for recording
information including |
3 | | but not limited to the following:
|
4 | | (a) name and telephone number of the patient;
|
5 | | (b) name and telephone number of the prescribing |
6 | | physician;
|
7 | | (c) date of prescription;
|
8 | | (d) name of drug prescribed;
|
9 | | (e) directions for patient compliance; and
|
10 | | (f) name and telephone number of dispensing pharmacy.
|
11 | | In developing the pamphlet, the Department shall consult |
12 | | with the
Illinois State Medical Society, the Center for |
13 | | Minority Health Services,
the Illinois Pharmacists Association |
14 | | and
senior citizens organizations. The Department shall |
15 | | distribute the
pamphlets to physicians, pharmacists and |
16 | | persons 65 years of age or older
or various senior citizen |
17 | | organizations throughout the State.
|
18 | | (19) To conduct a study of the feasibility of
implementing |
19 | | the Senior Companion Program throughout the State.
|
20 | | (20) The reimbursement rates paid through the community |
21 | | care program
for chore housekeeping services and home care |
22 | | aides
shall be the same.
|
23 | | (21) From funds appropriated to the Department from the |
24 | | Meals on Wheels
Fund, a special fund in the State treasury that |
25 | | is hereby created, and in
accordance with State and federal |
26 | | guidelines and the intrastate funding
formula, to make grants |
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1 | | to area agencies on aging, designated by the
Department, for |
2 | | the sole purpose of delivering meals to homebound persons 60
|
3 | | years of age and older.
|
4 | | (22) To distribute, through its area agencies on aging, |
5 | | information
alerting seniors on safety issues regarding |
6 | | emergency weather
conditions, including extreme heat and cold, |
7 | | flooding, tornadoes, electrical
storms, and other severe storm |
8 | | weather. The information shall include all
necessary |
9 | | instructions for safety and all emergency telephone numbers of
|
10 | | organizations that will provide additional information and |
11 | | assistance.
|
12 | | (23) To develop guidelines for the organization and |
13 | | implementation of
Volunteer Services Credit Programs to be |
14 | | administered by Area Agencies on
Aging or community based |
15 | | senior service organizations. The Department shall
hold public |
16 | | hearings on the proposed guidelines for public comment, |
17 | | suggestion,
and determination of public interest. The |
18 | | guidelines shall be based on the
findings of other states and |
19 | | of community organizations in Illinois that are
currently |
20 | | operating volunteer services credit programs or demonstration
|
21 | | volunteer services credit programs. The Department shall offer |
22 | | guidelines for
all aspects of the programs including, but not |
23 | | limited to, the following:
|
24 | | (a) types of services to be offered by volunteers;
|
25 | | (b) types of services to be received upon the |
26 | | redemption of service
credits;
|
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1 | | (c) issues of liability for the volunteers and the |
2 | | administering
organizations;
|
3 | | (d) methods of tracking service credits earned and |
4 | | service credits
redeemed;
|
5 | | (e) issues of time limits for redemption of service |
6 | | credits;
|
7 | | (f) methods of recruitment of volunteers;
|
8 | | (g) utilization of community volunteers, community |
9 | | service groups, and
other resources for delivering |
10 | | services to be received by service credit
program clients;
|
11 | | (h) accountability and assurance that services will be |
12 | | available to
individuals who have earned service credits; |
13 | | and
|
14 | | (i) volunteer screening and qualifications.
|
15 | | The Department shall submit a written copy of the guidelines |
16 | | to the General
Assembly by July 1, 1998.
|
17 | | (24) To function as the sole State agency to receive and |
18 | | disburse State and federal funds for providing adult |
19 | | protective services in a domestic living situation in |
20 | | accordance with the Adult Protective Services Act. |
21 | | (25) To hold conferences, trainings, and other programs |
22 | | for which the Department shall determine by rule a reasonable |
23 | | fee to cover related administrative costs. Rules to implement |
24 | | the fee authority granted by this paragraph (25) must be |
25 | | adopted in accordance with all provisions of the Illinois |
26 | | Administrative Procedure Act and all rules and procedures of |
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1 | | the Joint Committee on Administrative Rules; any purported |
2 | | rule not so adopted, for whatever reason, is unauthorized. |
3 | | (Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380, |
4 | | eff. 8-16-13; 98-756, eff. 7-16-14; 99-331, eff. 1-1-16 .)
|
5 | | Section 125. The Department of Central Management Services |
6 | | Law of the
Civil Administrative Code of Illinois is amended by |
7 | | changing Section 405-125 as follows:
|
8 | | (20 ILCS 405/405-125) (was 20 ILCS 405/67.31)
|
9 | | Sec. 405-125. State agency positive action affirmative |
10 | | action and equal employment
opportunity goals. Each State |
11 | | agency shall implement strategies and programs in accordance |
12 | | with the State Hispanic Employment Plan, the State |
13 | | Asian-American Employment Plan, and the Native American |
14 | | Employment Plan to increase the number of Hispanics employed |
15 | | by the State, the number of Asian-Americans employed by the |
16 | | State, the number of
bilingual persons employed by the State, |
17 | | and the number of Native American persons employed by the |
18 | | State at supervisory, technical, professional, and managerial |
19 | | levels. Each State agency shall report annually to the |
20 | | Department and the Department of Human Rights, in a format |
21 | | prescribed by the Department, all of the agency's activities |
22 | | in implementing the State Hispanic Employment Plan, the State |
23 | | Asian-American Employment Plan, and the Native American |
24 | | Employment Plan. Each agency's annual report shall include |
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1 | | reports or information related to the agency's Hispanic, |
2 | | Asian-American, Native American, and bilingual employment |
3 | | strategies and programs that the agency has received from the |
4 | | Illinois Department of Human Rights, the Department of Central |
5 | | Management Services, or the Auditor General, pursuant to their |
6 | | periodic review responsibilities; findings made by the |
7 | | Governor in his or her report to the General Assembly; |
8 | | assessments of bilingual service needs based upon the agency's |
9 | | service populations; information on the agency's studies and |
10 | | monitoring success concerning the number of Hispanics, |
11 | | Asian-Americans, Native Americans, and bilingual persons |
12 | | employed by the agency at the supervisory, technical, |
13 | | professional, and managerial levels and any increases in those |
14 | | categories from the prior year; and information concerning the |
15 | | agency's Hispanic, Asian-American, Native American, and |
16 | | bilingual employment budget allocations. The Department shall |
17 | | assist State agencies
required to establish preparation and |
18 | | promotion training programs under
subsection (H) of Section |
19 | | 7-105 of the Illinois Human Rights Act for
failure to meet |
20 | | their positive action affirmative action and equal employment |
21 | | opportunity
goals. The Department shall survey State agencies |
22 | | to identify effective
existing training programs and shall |
23 | | serve as a resource to other State
agencies. The Department |
24 | | shall assist agencies in the development and
modification of |
25 | | training programs to enable them to meet their positive action |
26 | | affirmative
action and equal employment opportunity goals and |
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1 | | shall provide information
regarding other existing training |
2 | | and educational resources, such as the
Upward Mobility |
3 | | Program, the Illinois Institute for Training and
Development, |
4 | | the Central Management Services Training Center, Executive |
5 | | Recruitment Internships, and Graduate Public Service |
6 | | Internships.
|
7 | | (Source: P.A. 101-534, eff. 1-1-20 .)
|
8 | | Section 130. The Personnel Code is amended by changing |
9 | | Section 8b.3 as follows:
|
10 | | (20 ILCS 415/8b.3) (from Ch. 127, par. 63b108b.3)
|
11 | | Sec. 8b.3.
For the establishment of eligible lists for |
12 | | appointment and
promotion, upon which lists shall be placed |
13 | | the names of successful
candidates in order of their relative |
14 | | excellence in respective
examinations. The Director may |
15 | | substitute rankings such as superior,
excellent, |
16 | | well-qualified and qualified for numerical ratings and |
17 | | establish
eligible lists accordingly. Such rules may provide |
18 | | for lists by area or
location, by department or other agency, |
19 | | for removal of those not available
for or refusing employment, |
20 | | for minimum and maximum duration of such lists,
and for such |
21 | | other provisions as may be necessary to provide rapid and
|
22 | | satisfactory service to the operating agencies. The Director |
23 | | may approve
the written request of an agency or applicant to |
24 | | extend the eligibility of
a qualified eligible candidate when |
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1 | | the extension is necessary to assist in
achieving positive |
2 | | action affirmative action goals in employment. The extended |
3 | | period of
eligibility shall not exceed the duration of the |
4 | | original period of
eligibility and shall not be renewed. The |
5 | | rules may authorize removal of
eligibles from lists if those |
6 | | eligibles fail to furnish evidence
of availability upon forms |
7 | | sent to them by the Director.
|
8 | | (Source: P.A. 87-545.)
|
9 | | Section 135. The Economic Development Area Tax Increment |
10 | | Allocation Act is amended by changing Section 3 as follows:
|
11 | | (20 ILCS 620/3) (from Ch. 67 1/2, par. 1003)
|
12 | | Sec. 3. Definitions. In this Act, words or terms shall |
13 | | have the
following meanings unless the context or usage |
14 | | clearly indicates that another
meaning is intended.
|
15 | | (a) "Department" means the Department of Commerce and |
16 | | Economic Opportunity.
|
17 | | (b) "Economic development plan" means the written plan of |
18 | | a municipality
which sets forth an economic development |
19 | | program for an economic
development project area. Each |
20 | | economic development plan shall include but
not be limited to |
21 | | (1) estimated economic development project costs, (2)
the |
22 | | sources of funds to pay such costs, (3) the nature and term of |
23 | | any
obligations to be issued by the municipality to pay such |
24 | | costs, (4) the
most recent equalized assessed valuation of the |
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1 | | economic development project
area,
(5) an estimate of the |
2 | | equalized assessed valuation of the economic
development |
3 | | project area after completion of an economic development |
4 | | project,
(6) the estimated date of completion of any economic |
5 | | development project
proposed to be undertaken, (7) a general |
6 | | description of any proposed
developer, user, or tenant of any |
7 | | property to be located or improved
within the economic |
8 | | development project area, (8) a description of the
type, |
9 | | structure and general character of the facilities to be |
10 | | developed or
improved in the economic development project |
11 | | area, (9) a description of the
general land uses to apply in |
12 | | the
economic development project area, (10) a description of |
13 | | the type, class and
number of employees to be employed in the |
14 | | operation of the facilities to be
developed or improved in the |
15 | | economic development project area, and (11) a
commitment by |
16 | | the municipality to fair
employment practices and a positive |
17 | | action an affirmative action plan with respect to any
economic |
18 | | development program to be undertaken by the municipality.
|
19 | | (c) "Economic development project" means any development |
20 | | project in
furtherance of the objectives of this Act.
|
21 | | (d) "Economic development project area" means any improved |
22 | | or vacant
area which (1) is located within or partially within |
23 | | or partially without
the territorial limits of a municipality, |
24 | | provided that no area without the
territorial limits of a |
25 | | municipality shall be included in an economic
development |
26 | | project area without the express consent of the Department,
|
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1 | | acting as agent for the State, (2) is contiguous, (3) is not |
2 | | less in the
aggregate than three hundred twenty acres, (4) is |
3 | | suitable for siting by any
commercial, manufacturing, |
4 | | industrial, research or transportation
enterprise of |
5 | | facilities to include but not be limited to commercial
|
6 | | businesses, offices, factories, mills, processing plants, |
7 | | assembly plants,
packing plants, fabricating plants, |
8 | | industrial or commercial distribution
centers, warehouses, |
9 | | repair overhaul or service facilities, freight
terminals, |
10 | | research facilities, test facilities or transportation
|
11 | | facilities, whether or not such area has been used at any time |
12 | | for such
facilities and whether or not the area has been used |
13 | | or is suitable for
other uses, including commercial |
14 | | agricultural purposes, and (5) which has
been approved and |
15 | | certified by the Department pursuant to this Act.
|
16 | | (e) "Economic development project costs" mean and include |
17 | | the sum total
of all reasonable or necessary costs incurred by |
18 | | a municipality incidental
to an economic development project, |
19 | | including, without limitation, the following:
|
20 | | (1) Costs of studies, surveys, development of plans |
21 | | and specifications,
implementation and administration of |
22 | | an economic development plan, personnel
and professional |
23 | | service costs for architectural, engineering, legal,
|
24 | | marketing, financial, planning, police, fire, public works |
25 | | or other
services, provided that no charges for |
26 | | professional services may be based
on a percentage of |
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1 | | incremental tax revenues;
|
2 | | (2) Property assembly costs within an economic |
3 | | development project
area, including but not limited to |
4 | | acquisition of land and other real or
personal property or |
5 | | rights or interests therein, and specifically
including |
6 | | payments to developers or other nongovernmental persons as
|
7 | | reimbursement for property assembly costs incurred by such |
8 | | developer or
other nongovernmental person;
|
9 | | (3) Site preparation costs, including but not limited |
10 | | to clearance of
any area within an economic development |
11 | | project area by demolition or
removal of any existing |
12 | | buildings, structures, fixtures, utilities and
|
13 | | improvements and clearing and grading; and including |
14 | | installation, repair,
construction, reconstruction, or |
15 | | relocation of public streets, public
utilities, and other |
16 | | public site improvements within or without an economic
|
17 | | development project area which are essential to the |
18 | | preparation of the
economic development project area for |
19 | | use in accordance with an economic
development plan; and |
20 | | specifically including payments to developers or
other |
21 | | nongovernmental persons as reimbursement for site |
22 | | preparation costs incurred by such
developer or |
23 | | nongovernmental person;
|
24 | | (4) Costs of renovation, rehabilitation, |
25 | | reconstruction, relocation,
repair or remodeling of any |
26 | | existing buildings, improvements, and fixtures
within an |
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1 | | economic development project area, and specifically |
2 | | including
payments to developers or other nongovernmental |
3 | | persons as reimbursement
for such costs incurred by such |
4 | | developer or nongovernmental person;
|
5 | | (5) Costs of construction, acquisition, and operation |
6 | | within an economic development project area of
public |
7 | | improvements, including but not limited to, publicly owned |
8 | | buildings, structures,
works, utilities or fixtures; |
9 | | provided that no allocation made to the municipality |
10 | | pursuant to subparagraph (A) of paragraph (2) of |
11 | | subsection (g) of Section 4 of this Act or subparagraph |
12 | | (A) of paragraph (4) of subsection (g) of Section 4 of this |
13 | | Act shall be used to operate a convention center or |
14 | | similar entertainment complex or venue;
|
15 | | (6) Financing costs, including but not limited to all |
16 | | necessary and
incidental expenses related to the issuance |
17 | | of obligations, payment of any
interest on any obligations |
18 | | issued hereunder which accrues during the
estimated period |
19 | | of construction of any economic development project for
|
20 | | which such obligations are issued and for not exceeding 36 |
21 | | months
thereafter, and any reasonable reserves related to |
22 | | the issuance of such obligations;
|
23 | | (7) All or a portion of a taxing district's capital |
24 | | costs resulting
from an economic development project |
25 | | necessarily incurred or estimated to
be incurred by a |
26 | | taxing district in the furtherance of the objectives of an
|
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1 | | economic development project, to the extent that the |
2 | | municipality by
written agreement accepts and approves |
3 | | such costs;
|
4 | | (8) Relocation costs to the extent that a municipality |
5 | | determines
that relocation costs shall be paid or is |
6 | | required to make payment of
relocation costs by federal or |
7 | | State law;
|
8 | | (9) The estimated tax revenues from real property in |
9 | | an economic
development project area acquired by a |
10 | | municipality which,
according to the economic development |
11 | | plan, is to be used for a private
use and which any taxing |
12 | | district would have received had the municipality
not |
13 | | adopted tax increment allocation financing for an economic |
14 | | development
project area and which would result from such |
15 | | taxing district's levies made
after the time of the |
16 | | adoption by the municipality of tax increment
allocation |
17 | | financing to the time the current equalized assessed value |
18 | | of
real property in the economic development project area |
19 | | exceeds the total
initial equalized value of real property |
20 | | in said area;
|
21 | | (10) Costs of job training, advanced vocational or |
22 | | career education,
including but not limited to courses in |
23 | | occupational, semi-technical or
technical fields leading |
24 | | directly to employment, incurred by one or more
taxing |
25 | | districts, provided that such costs are related to the |
26 | | establishment
and maintenance of additional job training, |
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1 | | advanced vocational education
or career education programs |
2 | | for persons employed or to be employed by
employers |
3 | | located in an economic development project area, and |
4 | | further
provided that when such costs are incurred by a |
5 | | taxing district or taxing
districts other than the |
6 | | municipality they shall be set forth in a written
|
7 | | agreement by or among the municipality and the taxing |
8 | | district or taxing
districts, which agreement describes |
9 | | the program to be undertaken,
including but not limited to |
10 | | the number of employees to be trained, a
description of |
11 | | the training and services to be provided, the number and
|
12 | | type of positions available or to be available, itemized |
13 | | costs of the
program and sources of funds to pay the same, |
14 | | and the term of the
agreement. Such costs include, |
15 | | specifically, the payment by community
college districts |
16 | | of costs pursuant to Sections 3-37, 3-38, 3-40 and 3-40.1
|
17 | | of the Public Community College Act and by school |
18 | | districts of costs
pursuant to Sections 10-22.20a and |
19 | | 10-23.3a of the School Code;
|
20 | | (11) Private financing costs incurred by developers or |
21 | | other
nongovernmental persons in connection with an |
22 | | economic development project,
and specifically including |
23 | | payments to developers or other nongovernmental
persons as |
24 | | reimbursement for such costs incurred by such developer or |
25 | | other
nongovernmental person, provided that:
|
26 | | (A) private financing costs shall be
paid or |
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1 | | reimbursed by a municipality
only pursuant to the |
2 | | prior official action of the municipality evidencing
|
3 | | an intent to pay or reimburse such private financing |
4 | | costs;
|
5 | | (B) except as provided in subparagraph (D), the |
6 | | aggregate amount of
such costs paid or reimbursed by a |
7 | | municipality in any one year shall not exceed 30%
of |
8 | | such costs paid or incurred by the developer or other |
9 | | nongovernmental
person in that year;
|
10 | | (C) private financing costs shall be paid or |
11 | | reimbursed by a
municipality solely from the special |
12 | | tax allocation
fund established pursuant to this Act |
13 | | and shall not be paid or reimbursed from the
proceeds |
14 | | of any obligations issued by a municipality;
|
15 | | (D) if there are not sufficient funds available in |
16 | | the special tax
allocation fund in any year to make |
17 | | such payment or reimbursement in full, any amount of
|
18 | | such interest cost remaining to be paid or reimbursed |
19 | | by a municipality
shall accrue and be
payable when |
20 | | funds are available in
the special tax allocation fund |
21 | | to make such payment; and
|
22 | | (E) in connection with its approval and |
23 | | certification of an economic
development project |
24 | | pursuant to Section 5 of this Act, the Department |
25 | | shall
review any agreement authorizing the payment or |
26 | | reimbursement by a municipality of private
financing |
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1 | | costs in its consideration of the impact on the |
2 | | revenues of the
municipality and the affected taxing |
3 | | districts of the use of tax increment
allocation |
4 | | financing.
|
5 | | (f) "Municipality" means a city, village or incorporated |
6 | | town.
|
7 | | (g) "Obligations" means any instrument evidencing the |
8 | | obligation of a
municipality to pay money, including without |
9 | | limitation, bonds, notes,
installment or financing contracts, |
10 | | certificates, tax anticipation warrants
or notes, vouchers, |
11 | | and any other evidence of indebtedness.
|
12 | | (h) "Taxing districts" means counties, townships, |
13 | | municipalities, and
school, road, park, sanitary, mosquito |
14 | | abatement, forest preserve, public
health, fire protection, |
15 | | river conservancy, tuberculosis sanitarium and any
other |
16 | | municipal corporations or districts with the power to levy |
17 | | taxes upon property located within the economic development |
18 | | project area.
|
19 | | (Source: P.A. 97-636, eff. 6-1-12 .)
|
20 | | Section 140. The Illinois Promotion Act is amended by |
21 | | changing Section 13a as follows:
|
22 | | (20 ILCS 665/13a) (from Ch. 127, par. 200-33a)
|
23 | | Sec. 13a. Positive action Affirmative action . The |
24 | | Department shall, within 90 days after
the effective date
of |
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1 | | this amendatory Act of 1984, establish and maintain a positive |
2 | | action an affirmative
action program designed to promote equal |
3 | | employment opportunity and
eliminate the effects of past |
4 | | discrimination. Such program shall include a
plan which shall |
5 | | specify goals and methods for increasing participation by
|
6 | | women and minorities in employment by parties which receive |
7 | | funds pursuant
to this Act. The Department shall submit a |
8 | | detailed plan with the General
Assembly prior to March 1 of |
9 | | each year. Such program shall also establish
procedures to |
10 | | ensure compliance with the plan established pursuant to this
|
11 | | Section and with State and federal laws and regulations |
12 | | relating to the
employment of women and minorities.
|
13 | | (Source: P.A. 92-38, eff. 6-28-01.)
|
14 | | Section 145. The Department of Public Health Powers and |
15 | | Duties Law of the
Civil Administrative Code of Illinois is |
16 | | amended by changing Section 2310-213 as follows: |
17 | | (20 ILCS 2310/2310-213) |
18 | | Sec. 2310-213. Diversity in Health Care Professions Task |
19 | | Force. |
20 | | (a) The Diversity in Health Care Professions Task Force is |
21 | | created. The Director shall serve as the chairperson and shall |
22 | | appoint the following members to the Task Force, licensed to |
23 | | practice in their respective fields in Illinois: |
24 | | (1) 2 dentists. |
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1 | | (2) 2 medical doctors. |
2 | | (3) 2 nurses. |
3 | | (4) 2 optometrists. |
4 | | (5) 2 pharmacists. |
5 | | (6) 2 physician assistants. |
6 | | (7) 2 podiatrists. |
7 | | (8) 2 public health practitioners. |
8 | | (b) The Task Force has the following objectives: |
9 | | (1) Minority students pursuing medicine or healthcare |
10 | | as a career option. The goal is to diversify the health |
11 | | care workforce by engaging students, parents, and the |
12 | | community to build an infrastructure that assists students |
13 | | in developing the skills necessary for careers in |
14 | | healthcare. |
15 | | (2) Establishing a mentee/mentor relationship with |
16 | | current healthcare professionals and students, utilizing |
17 | | social media to communicate important messages and success |
18 | | stories, and holding a conference related to diversity and |
19 | | inclusion in healthcare professions. |
20 | | (3) Early employment and support, including (i) |
21 | | researching and leveraging best practices, including |
22 | | recruitment, retention, orientation, workplace diversity, |
23 | | and inclusion training, (ii) identifying barriers to |
24 | | inclusion and retention, and (iii) proposing solutions. |
25 | | (4) Healthcare leadership and succession planning, |
26 | | including: |
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1 | | (A) providing education, resources and tool kits |
2 | | to fully support, implement, and cultivate diversity |
3 | | and inclusion in Illinois health-related professions |
4 | | through coordination of resources from professional |
5 | | health care leadership organizations; |
6 | | (B) developing healthy work environments, |
7 | | leadership training on culture, diversity, and |
8 | | inclusion; and |
9 | | (C) obtaining workforce development concentrated |
10 | | on graduate and post-graduate education and succession |
11 | | planning. |
12 | | (c) The Task Force may collaborate with policy makers, |
13 | | medical and specialty societies, national minority |
14 | | organizations, and other groups to achieve greater diversity |
15 | | in medicine and the health professions. |
16 | | The Task Force's priorities are: |
17 | | (1) Positive action Affirmative action programs should |
18 | | be designed to promote the entry of racial and ethnic |
19 | | minority students into medical school, as well as other |
20 | | specialized training programs for other health |
21 | | professions. |
22 | | (2) Recruitment activities should support and advocate |
23 | | for the full spectrum of racial, ethnic, and cultural |
24 | | diversity, including language, national origin, and |
25 | | religion within the healthcare profession. These |
26 | | activities should maintain the high quality of the health |
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1 | | care workforce and encourage individuals from all |
2 | | backgrounds to enter careers in healthcare. |
3 | | (3) Recruitment and academic preparations of |
4 | | underrepresented minority students should begin in |
5 | | elementary school and continue through the entire scope of |
6 | | their education and professional formation. Efforts to |
7 | | recruit minority students into the various health care |
8 | | professions should be targeted appropriately at each |
9 | | educational level. |
10 | | (4) Financial incentives should be increased to |
11 | | minority students, including federal funding for diversity |
12 | | programs, such as Title VII funding, loan forgiveness or |
13 | | repayment programs, and tuition reimbursement. |
14 | | (5) Enhancing diversity within the healthcare |
15 | | workforce will require a commitment at the highest levels. |
16 | | To put this commitment into practice, educational and |
17 | | healthcare institutions, medical organizations, and other |
18 | | relevant bodies should hire staff who are responsible |
19 | | solely for the implementation, management, and evaluation |
20 | | of diversity programs and who are accountable to the |
21 | | organizational leadership. These programs should be |
22 | | integrated into the organization's operations and provided |
23 | | with an infrastructure adequate to implement and measure |
24 | | the effectiveness of their activities. |
25 | | (6) Institutional commitments to improve workforce |
26 | | diversity must include a formal program or mechanism to |
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1 | | ensure that racial, ethnic, and cultural minority |
2 | | individuals rise to leadership positions at all levels. |
3 | | (7) Organizations with a stake in enhancing workforce |
4 | | diversity should implement systems to track data and |
5 | | information on race, ethnicity, and other cultural |
6 | | attributes. |
7 | | (d) Task Force members shall serve without compensation |
8 | | but may be reimbursed for their expenses incurred in |
9 | | performing their duties. The Task Force shall meet at least |
10 | | quarterly and at other times as called by the chairperson. |
11 | | (e) The Department of Public Health shall provide |
12 | | administrative and other support to the Task Force. |
13 | | (f) The Task Force shall prepare a report that summarizes |
14 | | its work and makes recommendations resulting from its study. |
15 | | The Task Force shall submit the report of its findings and |
16 | | recommendations to the Governor and the General Assembly by |
17 | | December 1, 2020 and annually thereafter.
|
18 | | (Source: P.A. 101-273, eff. 1-1-20 .) |
19 | | Section 150. The Illinois Manufacturing Technology |
20 | | Alliance Act is amended by changing Section 9 as follows:
|
21 | | (20 ILCS 3990/9) (from Ch. 48, par. 2609)
|
22 | | Sec. 9. Personnel. (a) The Board shall appoint, retain and |
23 | | employ
such persons as it deems necessary to achieve the |
24 | | purposes of this Act. The
Board shall establish regulations to |
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1 | | insure that discharge shall not be
arbitrary and that hiring |
2 | | and promotion are based on merit. No unlawful
discrimination, |
3 | | as defined by the Illinois Human Rights Act, shall be made
in |
4 | | any term or aspect of employment nor shall any discrimination |
5 | | be made on
a basis of political affiliation.
|
6 | | The Alliance shall be subject to the Illinois Human Rights |
7 | | Act and the remedies
and procedures established thereunder. |
8 | | The Alliance shall develop a positive action an
affirmative |
9 | | action program and file it with the Department of Human Rights
|
10 | | to assure that the employment of applicants and treatment of |
11 | | employees are
without unlawful discrimination. Such positive |
12 | | action affirmative action program shall
include provisions |
13 | | relating to hiring, upgrading, demotion, transfer,
|
14 | | recruitment, recruitment advertising, selection for training |
15 | | and rates of
pay or other forms of compensation.
|
16 | | (b) The Board shall organize the staff, assign their |
17 | | functions and
duties, fix their compensation, benefits and |
18 | | conditions of employment, and
regulate their travel.
|
19 | | (Source: P.A. 86-1015.)
|
20 | | Section 155. The Legislative Commission Reorganization Act |
21 | | of 1984 is amended by changing Sections 1-2 and 1-4 as follows:
|
22 | | (25 ILCS 130/1-2) (from Ch. 63, par. 1001-2)
|
23 | | Sec. 1-2.
The Joint Committee on Legislative Support |
24 | | Services,
hereinafter called the "Joint Committee", is hereby
|
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1 | | created and shall be composed of the President and Minority |
2 | | Leader of the
Senate and the Speaker and Minority Leader of the |
3 | | House of Representatives, all
ex officio. Members shall serve |
4 | | without compensation but shall be reimbursed
for their |
5 | | reasonable expenses incurred in the performance of their |
6 | | duties
under this Act. The Joint Committee on Legislative |
7 | | Support Services shall
meet quarterly and at such other times |
8 | | as it determines necessary to perform
its functions under this |
9 | | Act. Any action taken by such Joint Committee shall
require |
10 | | the affirmative vote of at least 3 of the 4 members. The Joint
|
11 | | Committee may appoint, retain, employ and fix the compensation |
12 | | of any
necessary professional, technical and secretarial |
13 | | staff. The staff shall
not be subject to the Personnel Code, |
14 | | but the Joint Committee shall adopt rules
establishing |
15 | | personnel policies, including positive action affirmative |
16 | | action , to assure
equality of employment opportunity.
|
17 | | (Source: P.A. 83-1539.)
|
18 | | (25 ILCS 130/1-4) (from Ch. 63, par. 1001-4)
|
19 | | Sec. 1-4.
In addition to its general policy making and |
20 | | coordinating
responsibilities for the legislative support |
21 | | services agencies, the Joint
Committee on Legislative Support |
22 | | Services shall have the following powers
and duties with |
23 | | respect to such agencies:
|
24 | | (1) To approve the executive director pursuant to |
25 | | Section 1-5(e);
|
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1 | | (2) To establish uniform hiring practices and |
2 | | personnel procedures,
including positive action |
3 | | affirmative action , to assure equality of employment |
4 | | opportunity;
|
5 | | (3) To establish uniform contract procedures, |
6 | | including positive action affirmative
action , to assure |
7 | | equality in the awarding of contracts, and to maintain a
|
8 | | list of all contracts entered into;
|
9 | | (4) To establish uniform travel regulations and |
10 | | approve all travel
outside the State of Illinois;
|
11 | | (5) To coordinate all leases and rental of real |
12 | | property;
|
13 | | (6) Except as otherwise expressly provided by law, to |
14 | | coordinate and
serve as the agency authorized to assign |
15 | | studies to be performed by any
legislative support |
16 | | services agency. Any study requested by resolution or
|
17 | | joint resolution of either house of the General Assembly |
18 | | shall be subject
to the powers of the Joint Committee to |
19 | | allocate resources available to the
General Assembly |
20 | | hereunder; provided, however, that nothing herein shall be
|
21 | | construed to preclude the participation by public members |
22 | | in such studies
or prohibit their reimbursement for |
23 | | reasonable and necessary expenses in
connection therewith;
|
24 | | (7) To make recommendations to the General Assembly |
25 | | regarding the
continuance of the various committees, |
26 | | boards and commissions that are the
subject of the |
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1 | | statutory provisions repealed March 31, 1985, under
|
2 | | Article 11 of this Act;
|
3 | | (8) To assist the Auditor General as necessary to |
4 | | assure the orderly and
efficient termination of the |
5 | | various committees, boards and commissions
that are |
6 | | subject to Article 12 of this Act;
|
7 | | (9) To consider and make recommendations to the |
8 | | General Assembly
regarding further reorganization of the |
9 | | legislative support services
agencies, and other |
10 | | legislative committees, boards and commissions, as it
may |
11 | | from time to time determine to be necessary;
|
12 | | (10) To consider and recommend a comprehensive |
13 | | transition plan for the
legislative support services |
14 | | agencies, including but not limited to issues
such as the |
15 | | consolidation of the organizational structure, |
16 | | centralization
or decentralization of staff, appropriate |
17 | | level of member participation,
guidelines for policy |
18 | | development, further reductions which may be
necessary, |
19 | | and measures which can be taken to improve efficiency, and
|
20 | | ensure accountability. To assist in such recommendations |
21 | | the Joint
Committee may appoint an Advisory Group. |
22 | | Recommendations of the Joint
Committee shall be reported |
23 | | to the members of the General Assembly no later
than |
24 | | November 13, 1984. The requirement for reporting to the |
25 | | General
Assembly shall be satisfied by filing copies of |
26 | | the report as required by Section 3.1 of the General
|
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1 | | Assembly Organization Act, and filing such additional |
2 | | copies with the State
Government Report Distribution |
3 | | Center for the General Assembly as is
required under |
4 | | paragraph (t) of Section 7 of the State Library Act;
|
5 | | (11) To contract for the establishment of child care |
6 | | services pursuant
to the State Agency Employees Child Care |
7 | | Services Act; and
|
8 | | (12) To use funds appropriated from the General |
9 | | Assembly Computer
Equipment Revolving Fund for the |
10 | | purchase of computer equipment for the
General Assembly |
11 | | and for related expenses and for other operational |
12 | | purposes
of the General Assembly in accordance with |
13 | | Section 6 of
the Legislative Information System Act.
|
14 | | (Source: P.A. 100-1148, eff. 12-10-18.)
|
15 | | Section 160. The Architectural, Engineering, and Land |
16 | | Surveying
Qualifications Based Selection Act is amended by |
17 | | changing Section 80 as follows:
|
18 | | (30 ILCS 535/80) (from Ch. 127, par. 4151-80)
|
19 | | Sec. 80. Positive action Affirmative action . Nothing in |
20 | | this Act shall be deemed to
prohibit or restrict agencies from |
21 | | establishing or maintaining positive action affirmative
action |
22 | | contracting goals for minorities or women, or
small business |
23 | | setaside programs, now or hereafter
established by law, rules |
24 | | and regulations, or executive order.
|
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1 | | (Source: P.A. 87-673.)
|
2 | | Section 165. The Local Government Facility Lease Act is |
3 | | amended by changing Section 10 as follows: |
4 | | (50 ILCS 615/10)
|
5 | | Sec. 10. Compliance with applicable ordinances. Each party |
6 | | to whom facility property is leased shall comply with all |
7 | | applicable ordinances of the municipality in which the |
8 | | property is located governing contracting with minority-owned |
9 | | and women-owned businesses and prohibiting discrimination and |
10 | | requiring appropriate positive action affirmative action , to |
11 | | the extent permitted by law and federal funding restrictions, |
12 | | as if the party to whom the property is leased were that |
13 | | municipality.
|
14 | | (Source: P.A. 94-750, eff. 5-9-06.) |
15 | | Section 170. The Fire Department Promotion Act is amended |
16 | | by changing Section 10 as follows:
|
17 | | (50 ILCS 742/10)
|
18 | | Sec. 10. Applicability.
|
19 | | (a) This Act shall apply to all positions in an affected |
20 | | department, except
those specifically excluded in items (i), |
21 | | (ii), (iii), (iv), and (v) of the
definition of "promotion" in |
22 | | Section 5 unless such positions are covered by a
collective |
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1 | | bargaining agreement in force on the effective date of this |
2 | | Act.
Existing promotion lists shall continue to be valid until |
3 | | their expiration
dates, or up to a maximum of 3 years after the |
4 | | effective date of this Act.
|
5 | | (b) Notwithstanding any statute, ordinance, rule, or other |
6 | | laws to the
contrary, all promotions in an affected department |
7 | | to which this Act applies
shall be administered in the manner |
8 | | provided for in this Act. Provisions of the
Illinois Municipal |
9 | | Code, the Fire Protection District Act, municipal
ordinances, |
10 | | or rules adopted pursuant to such authority and other laws
|
11 | | relating to promotions in affected departments shall continue |
12 | | to apply to the
extent they are compatible with this Act, but |
13 | | in the event of conflict between
this Act and any other law, |
14 | | this Act shall control.
|
15 | | (c) A home rule or non-home rule municipality may not |
16 | | administer its fire
department promotion process in a manner |
17 | | that is inconsistent with this Act.
This Section is a |
18 | | limitation under subsection (i) of Section 6 of Article VII
of |
19 | | the Illinois Constitution on the concurrent exercise by home |
20 | | rule units of
the powers and functions exercised by the State.
|
21 | | (d) This Act is intended to serve as a minimum standard and |
22 | | shall be
construed to authorize and not to limit:
|
23 | | (1) An appointing authority from establishing |
24 | | different or supplemental
promotional criteria or |
25 | | components, provided that the criteria are
job-related and |
26 | | applied uniformly.
|
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1 | | (2) The right of an exclusive bargaining
|
2 | | representative to require an employer to negotiate clauses |
3 | | within a collective bargaining agreement relating to
|
4 | | conditions, criteria, or procedures for the promotion of |
5 | | employees to ranks, as defined in Section 5, covered by |
6 | | this Act.
|
7 | | (3) The negotiation by an employer and an exclusive |
8 | | bargaining
representative of provisions within a |
9 | | collective bargaining agreement to
achieve positive action |
10 | | affirmative action objectives, provided that such clauses |
11 | | are
consistent
with applicable law.
|
12 | | (e) Local authorities and exclusive bargaining agents |
13 | | affected by this
Act may agree to waive one or more of its |
14 | | provisions and bargain on the
contents of those provisions, |
15 | | provided that any such waivers shall be
considered
permissive |
16 | | subjects of bargaining.
|
17 | | (Source: P.A. 93-411, eff. 8-4-03; 94-809, eff. 5-26-06.)
|
18 | | Section 175. The County Economic Development Project Area |
19 | | Property
Tax Allocation Act is amended by changing Section 3 |
20 | | as follows: |
21 | | (55 ILCS 85/3) (from Ch. 34, par. 7003) |
22 | | Sec. 3. Definitions. In this Act, words or terms shall |
23 | | have the
following meanings unless the context usage clearly |
24 | | indicates that another
meaning is intended. |
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1 | | (a) "Department" means the Department of Commerce and |
2 | | Economic Opportunity. |
3 | | (b) "Economic development plan" means the written plan of |
4 | | a county which
sets forth an economic development program for |
5 | | an economic development
project area. Each economic |
6 | | development plan shall include but not be
limited to (1) |
7 | | estimated economic development project costs, (2) the
sources |
8 | | of funds to pay such costs, (3) the nature and term of any
|
9 | | obligations to be issued by the county to pay such costs, (4) |
10 | | the most
recent equalized assessed valuation of the economic |
11 | | development project
area, (5) an estimate of the equalized |
12 | | assessed valuation of the economic
development project area |
13 | | after completion of the economic development plan,
(6) the |
14 | | estimated date of completion of any economic development
|
15 | | project proposed to be undertaken, (7) a general description |
16 | | of any
proposed developer, user, or tenant of any property to |
17 | | be located or
improved within the economic development project |
18 | | area, (8) a description of
the type, structure and general |
19 | | character of the facilities to be developed
or improved in the |
20 | | economic development project area, (9) a description of
the |
21 | | general land uses to apply in the economic development project |
22 | | area,
(10) a description of the type, class and number of |
23 | | employees to be
employed in the operation of the facilities to |
24 | | be developed or improved in
the economic development project |
25 | | area and (11) a commitment by the county
to fair employment |
26 | | practices and a positive action an affirmative action plan |
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1 | | with respect to
any economic development program to be |
2 | | undertaken by the county. The economic development plan for an |
3 | | economic development project area authorized by subsection |
4 | | (a-15) of Section 4 of this Act must additionally include (1) |
5 | | evidence indicating that the redevelopment project area on the |
6 | | whole has not been subject to growth and development through |
7 | | investment by private enterprise and is not reasonably |
8 | | expected to be subject to such growth and development without |
9 | | the assistance provided through the implementation of the |
10 | | economic development plan and (2) evidence that portions of |
11 | | the economic development project area have incurred Illinois |
12 | | Environmental Protection Agency or United States Environmental |
13 | | Protection Agency remediation costs for, or a study conducted |
14 | | by an independent consultant recognized as having expertise in |
15 | | environmental remediation has determined a need for, the |
16 | | clean-up of hazardous waste, hazardous substances, or |
17 | | underground storage tanks required by State or federal law, |
18 | | provided that the remediation costs constitute a material |
19 | | impediment to the development or redevelopment of the project |
20 | | area. |
21 | | (c) "Economic development project" means any development |
22 | | project in
furtherance of the objectives of this Act. |
23 | | (d) "Economic development project area" means any improved |
24 | | or vacant
area which is located within the corporate limits of |
25 | | a county and which (1)
is within the unincorporated area of |
26 | | such county, or, with the consent of
any affected |
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1 | | municipality, is located partially within the unincorporated
|
2 | | area of such county and partially within one or more |
3 | | municipalities, (2) is
contiguous, (3) is not less in the |
4 | | aggregate than 100 acres and, for an economic development |
5 | | project area authorized by subsection (a-15) of Section 4 of |
6 | | this Act, not more than 2,000 acres, (4) is
suitable for siting |
7 | | by any commercial, manufacturing, industrial, research
or |
8 | | transportation enterprise of facilities to include but not be |
9 | | limited to
commercial businesses, offices, factories, mills, |
10 | | processing plants,
assembly plants, packing plants, |
11 | | fabricating plants, industrial or
commercial distribution |
12 | | centers, warehouses, repair overhaul or service
facilities, |
13 | | freight terminals, research facilities, test facilities or
|
14 | | transportation facilities, whether or not such area has been |
15 | | used at any
time for such facilities and whether or not the |
16 | | area has been used or is
suitable for such facilities and |
17 | | whether or not the area has been used or
is suitable for other |
18 | | uses, including commercial agricultural purposes, and
(5) |
19 | | which has been certified by the Department pursuant to this |
20 | | Act. |
21 | | (e) "Economic development project costs" means and |
22 | | includes the sum
total of all reasonable or necessary costs |
23 | | incurred by a county incidental
to an economic development |
24 | | project, including, without limitation, the
following: |
25 | | (1) Costs of studies, surveys, development of plans |
26 | | and specifications,
implementation and administration of |
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1 | | an economic development plan,
personnel and professional |
2 | | service costs for architectural, engineering,
legal, |
3 | | marketing, financial, planning, sheriff, fire, public |
4 | | works or other
services, provided that no charges for |
5 | | professional services may be based
on a percentage of |
6 | | incremental tax revenue; |
7 | | (2) Property assembly costs within an economic |
8 | | development project area,
including but not limited to |
9 | | acquisition of land and other real or personal
property or |
10 | | rights or interests therein, and specifically including |
11 | | payments
to developers or other non-governmental persons |
12 | | as reimbursement for property
assembly costs incurred by |
13 | | such developer or other non-governmental person; |
14 | | (3) Site preparation costs, including but not limited |
15 | | to clearance of
any area within an economic development |
16 | | project area by demolition or
removal of any existing |
17 | | buildings, structures, fixtures, utilities and
|
18 | | improvements and clearing and grading; site improvement |
19 | | addressing ground level or below ground environmental |
20 | | contamination; and including installation, repair,
|
21 | | construction, reconstruction, or relocation of public |
22 | | streets, public
utilities, and other public site |
23 | | improvements within or without an economic
development |
24 | | project area which are essential to the preparation of the
|
25 | | economic development project area for use in accordance |
26 | | with an economic
development plan; and specifically |
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1 | | including payments to developers or
other non-governmental |
2 | | persons as reimbursement for site preparation costs
|
3 | | incurred by such developer or non-governmental person; |
4 | | (4) Costs of renovation, rehabilitation, |
5 | | reconstruction, relocation,
repair or remodeling of any |
6 | | existing buildings, improvements, and fixtures
within an |
7 | | economic development project area, and specifically |
8 | | including
payments to developers or other non-governmental |
9 | | persons as reimbursement
for such costs incurred by such |
10 | | developer or non-governmental person; |
11 | | (5) Costs of construction within an economic |
12 | | development project area of
public improvements, including |
13 | | but not limited to, buildings, structures,
works, |
14 | | improvements, utilities or fixtures; |
15 | | (6) Financing costs, including but not limited to all |
16 | | necessary and
incidental expenses related to the issuance |
17 | | of obligations, payment of any
interest on any obligations |
18 | | issued hereunder which accrues during the
estimated period |
19 | | of construction of any economic development project for
|
20 | | which such obligations are issued and for not exceeding 36 |
21 | | months
thereafter, and any reasonable reserves related to |
22 | | the issuance of such
obligations; |
23 | | (7) All or a portion of a taxing district's capital |
24 | | costs resulting from
an economic development project |
25 | | necessarily incurred or estimated to be
incurred by a |
26 | | taxing district in the furtherance of the objectives of an
|
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1 | | economic development project, to the extent that the |
2 | | county by written
agreement accepts, approves and agrees |
3 | | to incur or to reimburse such costs; |
4 | | (8) Relocation costs to the extent that a county |
5 | | determines that
relocation costs shall be paid or is |
6 | | required to make payment of relocation
costs by federal or |
7 | | State law; |
8 | | (9) The estimated tax revenues from real property in |
9 | | an economic
development project area acquired by a county |
10 | | which, according to the
economic development plan, is to |
11 | | be used for a private use and which any
taxing district |
12 | | would have received had the county not adopted property |
13 | | tax
allocation financing for an economic development |
14 | | project area and
which would result from such taxing |
15 | | district's levies made after the time
of the adoption by |
16 | | the county of property tax allocation financing to the
|
17 | | time the current equalized assessed value of real property |
18 | | in the economic
development project area exceeds the total |
19 | | initial equalized value of real
property in that area; |
20 | | (10) Costs of rebating ad valorem taxes paid by any |
21 | | developer or other
nongovernmental person in whose name |
22 | | the general taxes were paid for the
last preceding year on |
23 | | any lot, block, tract or parcel of land in the
economic |
24 | | development project area, provided that: |
25 | | (i) such economic development project area is |
26 | | located in an enterprise
zone created pursuant to the |
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1 | | Illinois Enterprise Zone Act; compliance with this |
2 | | provision (i) is not required in Grundy County in |
3 | | relation to one or more contiguous parcels not |
4 | | exceeding a total area of 120 acres within which an |
5 | | electric generating facility is intended to be |
6 | | constructed and where the owner of such proposed |
7 | | electric generating facility has entered into a |
8 | | redevelopment agreement with Grundy County in respect |
9 | | thereto between July 25, 2013 and July 26, 2017; |
10 | | (ii) such ad valorem taxes shall be rebated only |
11 | | in such amounts and for
such tax year or years as the |
12 | | county and any one or more affected taxing
districts |
13 | | shall have agreed by prior written agreement; |
14 | | beginning on July 25, 2013 and ending on July 25, 2017, |
15 | | compliance with this provision (ii) is not required in |
16 | | Grundy County in relation to one or more contiguous |
17 | | parcels not exceeding a total area of 120 acres within |
18 | | which an electric generating facility is intended to |
19 | | be constructed and where the owner of such proposed |
20 | | electric generating facility has entered into a |
21 | | redevelopment agreement with Grundy County in respect |
22 | | thereto if the county receives approval from 2/3 of |
23 | | the taxing districts having taxable property within |
24 | | such parcels and representing no less than 75% of the |
25 | | aggregate tax levy for those taxing districts for the |
26 | | levy year; |
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1 | | (iii) any amount of rebate of taxes shall not |
2 | | exceed the portion, if
any, of taxes levied by the |
3 | | county or such taxing district or districts
which is |
4 | | attributable to the increase in the current equalized |
5 | | assessed
valuation of each taxable lot, block, tract |
6 | | or parcel of real property in
the economic development |
7 | | project area over and above the initial equalized
|
8 | | assessed value of each property existing at the time |
9 | | property tax allocation
financing was adopted for said |
10 | | economic development project area; and |
11 | | (iv) costs of rebating ad valorem taxes shall be |
12 | | paid by a county solely
from the special tax |
13 | | allocation fund established pursuant to this Act and
|
14 | | shall be paid from the proceeds of any obligations |
15 | | issued by a county. |
16 | | (11) Costs of job training, advanced vocational |
17 | | education or career
education programs, including but not |
18 | | limited to courses in occupational,
semi-technical or |
19 | | technical fields leading directly to employment, incurred
|
20 | | by one or more taxing districts, provided that such costs |
21 | | are related to
the establishment and maintenance of |
22 | | additional job training, advanced
vocational education or |
23 | | career education programs for persons employed or
to be |
24 | | employed by employers located in an economic development |
25 | | project
area, and further provided, that when such costs |
26 | | are incurred by a taxing
district or taxing districts |
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1 | | other than the county, they shall be set forth
in a written |
2 | | agreement by or among the county and the taxing district
|
3 | | or taxing districts, which agreement describes the program |
4 | | to be
undertaken, including, but not limited to, the |
5 | | number of employees to be
trained, a description of the |
6 | | training and services to be provided, the
number and type |
7 | | of positions available or to be available, itemized costs
|
8 | | of the program and sources of funds to pay the same, and |
9 | | the term of the
agreement. Such costs include, |
10 | | specifically, the payment by community
college districts |
11 | | of costs pursuant to Section 3-37, 3-38, 3-40 and 3-40.1
|
12 | | of the Public Community College Act and by school |
13 | | districts of costs
pursuant to Sections 10-22.20 and |
14 | | 10-23.3a of the School Code; |
15 | | (12) Private financing costs incurred by developers or |
16 | | other
non-governmental persons in connection with an |
17 | | economic development
project, and specifically including |
18 | | payments to developers or other
non-governmental persons |
19 | | as reimbursement for such costs incurred by such
developer |
20 | | or other non-governmental persons provided that: |
21 | | (A) private financing costs shall be paid or |
22 | | reimbursed by a county only
pursuant to the prior |
23 | | official action of the county evidencing an intent to
|
24 | | pay such private financing costs; |
25 | | (B) except as provided in subparagraph (D) of this |
26 | | Section, the
aggregate amount of such costs paid or |
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1 | | reimbursed by a county in any one
year shall not exceed |
2 | | 30% of such costs paid or incurred by such developer
or |
3 | | other non-governmental person in that year; |
4 | | (C) private financing costs shall be paid or |
5 | | reimbursed by a county
solely from the special tax |
6 | | allocation fund established pursuant to this
Act and |
7 | | shall not be paid or reimbursed from the proceeds of |
8 | | any
obligations issued by a county; |
9 | | (D) if there are not sufficient funds available in |
10 | | the special tax
allocation fund in any year to make |
11 | | such payment or reimbursement in full,
any amount of |
12 | | such private financing costs remaining to be paid or
|
13 | | reimbursed by a county shall accrue and be payable |
14 | | when funds are available
in the special tax allocation |
15 | | fund to make such payment; and |
16 | | (E) in connection with its approval and |
17 | | certification of an economic
development project |
18 | | pursuant to Section 5 of this Act, the Department |
19 | | shall
review any agreement authorizing the payment or |
20 | | reimbursement by a county
of private financing costs |
21 | | in its consideration of the impact on the
revenues of |
22 | | the county and the affected taxing districts of the |
23 | | use of
property tax allocation financing. |
24 | | (f) "Obligations" means any instrument evidencing the |
25 | | obligation of a
county to pay money, including without |
26 | | limitation, bonds, notes,
installment or financing contracts, |
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1 | | certificates, tax anticipation warrants
or notes, vouchers, |
2 | | and any other evidence of indebtedness. |
3 | | (g) "Taxing districts" means municipalities, townships, |
4 | | counties, and
school, road, park, sanitary, mosquito |
5 | | abatement, forest preserve, public
health, fire protection, |
6 | | river conservancy, tuberculosis sanitarium and any
other |
7 | | county corporations or districts with the power to levy taxes |
8 | | on
real property. |
9 | | (Source: P.A. 98-109, eff. 7-25-13; 99-513, eff. 6-30-16.) |
10 | | Section 180. The Illinois Municipal Code is amended by |
11 | | changing Sections 11-74.4-3 and 11-74.6-10 as follows:
|
12 | | (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
|
13 | | Sec. 11-74.4-3. Definitions. The following terms, wherever |
14 | | used or
referred to in this Division 74.4 shall have the |
15 | | following respective meanings,
unless in any case a different |
16 | | meaning clearly appears from the context.
|
17 | | (a) For any redevelopment project area that has been |
18 | | designated pursuant
to this
Section by an ordinance adopted |
19 | | prior to November 1, 1999 (the effective
date of Public Act
|
20 | | 91-478), "blighted area" shall have the meaning set
forth in |
21 | | this Section
prior to that date.
|
22 | | On and after November 1, 1999,
"blighted area" means any |
23 | | improved or vacant area within the boundaries
of a |
24 | | redevelopment project area located within the territorial |
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1 | | limits of
the municipality where:
|
2 | | (1) If improved, industrial, commercial, and |
3 | | residential buildings or
improvements are detrimental to |
4 | | the public safety, health, or welfare
because of a |
5 | | combination of 5 or more of the following factors, each of |
6 | | which
is (i) present, with that presence documented, to a |
7 | | meaningful extent so
that a municipality may reasonably |
8 | | find that the factor is clearly
present within the intent |
9 | | of the Act and (ii) reasonably distributed throughout
the |
10 | | improved part of the redevelopment project area:
|
11 | | (A) Dilapidation. An advanced state of disrepair |
12 | | or neglect of
necessary
repairs to the primary |
13 | | structural components of buildings or improvements in
|
14 | | such a combination that a documented building |
15 | | condition analysis determines
that major repair is |
16 | | required or the defects are so serious and so |
17 | | extensive
that the buildings must be removed.
|
18 | | (B) Obsolescence. The condition or process of |
19 | | falling into disuse.
Structures have become ill-suited |
20 | | for the original use.
|
21 | | (C) Deterioration. With respect to buildings, |
22 | | defects
including, but not limited to, major defects |
23 | | in
the secondary building components such as doors, |
24 | | windows, porches, gutters and
downspouts, and fascia. |
25 | | With respect to surface improvements, that the
|
26 | | condition of roadways, alleys, curbs, gutters, |
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1 | | sidewalks, off-street parking,
and surface storage |
2 | | areas evidence deterioration, including, but not |
3 | | limited
to, surface cracking, crumbling, potholes, |
4 | | depressions, loose paving material,
and weeds |
5 | | protruding through paved surfaces.
|
6 | | (D) Presence of structures below minimum code |
7 | | standards. All structures
that do not meet the |
8 | | standards of zoning, subdivision, building, fire, and
|
9 | | other governmental codes applicable to property, but |
10 | | not including housing and
property maintenance codes.
|
11 | | (E) Illegal use of individual structures. The use |
12 | | of structures in
violation of applicable federal, |
13 | | State, or local laws, exclusive of those
applicable to |
14 | | the presence of structures below minimum code |
15 | | standards.
|
16 | | (F) Excessive vacancies. The presence of
buildings |
17 | | that are unoccupied or under-utilized and that |
18 | | represent an adverse
influence on the area because of |
19 | | the frequency, extent, or duration of the
vacancies.
|
20 | | (G) Lack of ventilation, light, or sanitary |
21 | | facilities. The absence of
adequate ventilation for |
22 | | light or air circulation in spaces or rooms without
|
23 | | windows, or that require the removal of dust, odor, |
24 | | gas, smoke, or other
noxious airborne materials. |
25 | | Inadequate natural light and ventilation means
the |
26 | | absence of skylights or windows for interior spaces or |
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1 | | rooms and improper
window sizes and amounts by room |
2 | | area to window area ratios. Inadequate
sanitary |
3 | | facilities refers to the absence or inadequacy of |
4 | | garbage storage and
enclosure,
bathroom facilities, |
5 | | hot water and kitchens, and structural inadequacies
|
6 | | preventing ingress and egress to and from all rooms |
7 | | and units within a
building.
|
8 | | (H) Inadequate utilities. Underground and overhead |
9 | | utilities
such as storm sewers and storm drainage, |
10 | | sanitary sewers, water lines, and
gas, telephone, and
|
11 | | electrical services that are shown to be inadequate. |
12 | | Inadequate utilities are
those that are: (i) of |
13 | | insufficient capacity to serve the uses in the
|
14 | | redevelopment project area, (ii) deteriorated,
|
15 | | antiquated, obsolete, or in disrepair, or (iii) |
16 | | lacking within the
redevelopment project area.
|
17 | | (I) Excessive land coverage and overcrowding of |
18 | | structures and community
facilities. The |
19 | | over-intensive use of property and the crowding of |
20 | | buildings
and accessory facilities onto a site. |
21 | | Examples of problem conditions
warranting the |
22 | | designation of an area as one exhibiting excessive |
23 | | land coverage
are: (i) the presence of buildings |
24 | | either improperly situated on parcels or
located
on |
25 | | parcels of inadequate size and shape in relation to |
26 | | present-day standards of
development for health and |
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1 | | safety and (ii) the presence of multiple buildings
on |
2 | | a
single parcel. For there to be a finding of excessive |
3 | | land coverage,
these parcels must exhibit one or more |
4 | | of the following conditions:
insufficient provision |
5 | | for
light and air within or around buildings, |
6 | | increased threat of spread of fire
due to the close |
7 | | proximity of buildings, lack of adequate or proper |
8 | | access to a
public right-of-way, lack of reasonably |
9 | | required off-street parking, or
inadequate provision |
10 | | for loading and service.
|
11 | | (J) Deleterious land use or layout. The existence |
12 | | of incompatible
land-use
relationships, buildings |
13 | | occupied by inappropriate mixed-uses, or uses
|
14 | | considered to be noxious, offensive, or unsuitable for |
15 | | the
surrounding area.
|
16 | | (K) Environmental clean-up. The proposed |
17 | | redevelopment project area
has incurred Illinois |
18 | | Environmental Protection Agency or United States
|
19 | | Environmental Protection Agency remediation costs for, |
20 | | or a study conducted by
an independent consultant |
21 | | recognized as having expertise in environmental
|
22 | | remediation has determined a need for, the
clean-up of |
23 | | hazardous
waste, hazardous substances, or underground |
24 | | storage tanks required by State or
federal law, |
25 | | provided that the remediation costs constitute a |
26 | | material
impediment to the development or |
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1 | | redevelopment of the redevelopment project
area.
|
2 | | (L) Lack of community planning. The proposed |
3 | | redevelopment project area
was
developed prior to or |
4 | | without the benefit or guidance of a community plan.
|
5 | | This means that the development occurred prior to the |
6 | | adoption by the
municipality of a comprehensive or |
7 | | other community plan or that the plan was
not followed |
8 | | at the time of the area's development. This factor |
9 | | must be
documented by evidence of adverse or |
10 | | incompatible land-use relationships,
inadequate street |
11 | | layout, improper subdivision, parcels of inadequate |
12 | | shape and
size to meet contemporary development |
13 | | standards, or other evidence
demonstrating
an absence |
14 | | of effective community planning.
|
15 | | (M) The total equalized assessed value of the |
16 | | proposed redevelopment
project area has declined for 3 |
17 | | of the last 5 calendar years
prior to the year in which |
18 | | the redevelopment project area is designated
or is |
19 | | increasing at an
annual rate that is less
than the |
20 | | balance of the municipality for 3 of the last 5 |
21 | | calendar years
for which
information is available or |
22 | | is increasing at an annual rate that is less than
the |
23 | | Consumer Price Index
for All Urban Consumers published |
24 | | by the United States Department of Labor or
successor |
25 | | agency for 3 of the last 5 calendar years
prior to the |
26 | | year in which the redevelopment project area is |
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1 | | designated.
|
2 | | (2) If vacant, the sound growth of the redevelopment |
3 | | project area
is impaired by a
combination of 2 or more of |
4 | | the following factors, each of which
is (i) present, with |
5 | | that presence documented, to a meaningful extent so
that
a |
6 | | municipality may reasonably find that the factor is |
7 | | clearly present
within the intent of the Act and (ii) |
8 | | reasonably distributed throughout the
vacant part of the
|
9 | | redevelopment project area to which it pertains:
|
10 | | (A) Obsolete platting of vacant land that results |
11 | | in parcels of
limited or
narrow size or configurations |
12 | | of parcels of irregular size or shape that would
be |
13 | | difficult to develop on
a planned basis and in a manner |
14 | | compatible with contemporary standards and
|
15 | | requirements, or platting that failed to create |
16 | | rights-of-ways for streets or
alleys or that created |
17 | | inadequate right-of-way widths for streets, alleys, or
|
18 | | other public rights-of-way or that omitted easements |
19 | | for public utilities.
|
20 | | (B) Diversity of ownership of parcels of vacant |
21 | | land sufficient in
number to
retard or impede the |
22 | | ability to assemble the land for development.
|
23 | | (C) Tax and special assessment delinquencies exist |
24 | | or the property has
been the subject of tax sales under |
25 | | the Property Tax Code within the last 5
years.
|
26 | | (D) Deterioration of structures or site |
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1 | | improvements in neighboring
areas adjacent to the |
2 | | vacant land.
|
3 | | (E) The area has incurred Illinois Environmental |
4 | | Protection Agency or
United States Environmental |
5 | | Protection Agency remediation costs for, or a study
|
6 | | conducted by an independent consultant recognized as |
7 | | having expertise in
environmental remediation has |
8 | | determined a need for, the
clean-up of hazardous
|
9 | | waste, hazardous substances, or underground storage |
10 | | tanks required by State or
federal law, provided that |
11 | | the remediation costs
constitute a material impediment |
12 | | to the development or redevelopment of
the
|
13 | | redevelopment project area.
|
14 | | (F) The total equalized assessed value of the |
15 | | proposed redevelopment
project area has declined for 3 |
16 | | of the last 5 calendar years
prior to the year in which |
17 | | the redevelopment project area is designated
or is |
18 | | increasing at an
annual rate that is less
than the |
19 | | balance of the municipality for 3 of the last 5 |
20 | | calendar years for
which information is available or |
21 | | is increasing at an annual rate that is less
than
the |
22 | | Consumer Price Index
for All Urban Consumers published |
23 | | by the United States Department of Labor or
successor |
24 | | agency for 3 of the last 5 calendar years
prior to the |
25 | | year in which the redevelopment project area is |
26 | | designated.
|
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1 | | (3) If vacant, the sound growth of the redevelopment |
2 | | project area is
impaired by one of the
following factors |
3 | | that (i) is present, with that presence documented, to a
|
4 | | meaningful extent so that a municipality may reasonably |
5 | | find that the factor is
clearly
present within the intent |
6 | | of the Act and (ii) is reasonably distributed
throughout |
7 | | the vacant part of the
redevelopment project area to which |
8 | | it pertains:
|
9 | | (A) The area consists of one or more unused |
10 | | quarries, mines, or strip
mine ponds.
|
11 | | (B) The area consists of unused rail yards, rail |
12 | | tracks, or railroad
rights-of-way.
|
13 | | (C) The area, prior to its designation, is subject |
14 | | to (i) chronic
flooding
that adversely impacts on real |
15 | | property in the area as certified by a
registered
|
16 | | professional engineer or appropriate regulatory agency |
17 | | or (ii) surface water
that
discharges from all or a |
18 | | part of the area and contributes to flooding within
|
19 | | the
same watershed, but only if the redevelopment |
20 | | project provides for facilities
or
improvements to |
21 | | contribute to the alleviation of all or part of the
|
22 | | flooding.
|
23 | | (D) The area consists of an unused or illegal |
24 | | disposal site containing
earth,
stone, building |
25 | | debris, or similar materials that were removed from
|
26 | | construction, demolition, excavation, or dredge sites.
|
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1 | | (E) Prior to November 1, 1999, the area
is not less |
2 | | than 50 nor more than 100 acres and 75%
of which is |
3 | | vacant (notwithstanding that the area has been used
|
4 | | for commercial agricultural purposes within 5 years |
5 | | prior to the designation
of the redevelopment project |
6 | | area), and the area meets at least one of
the factors |
7 | | itemized in paragraph (1) of this subsection, the area
|
8 | | has been designated as a town or village center by |
9 | | ordinance or comprehensive
plan adopted prior to |
10 | | January 1, 1982, and the area has not been developed
|
11 | | for that designated purpose.
|
12 | | (F) The area qualified as a blighted improved area |
13 | | immediately prior to
becoming vacant, unless there has |
14 | | been substantial private investment in the
immediately |
15 | | surrounding area.
|
16 | | (b) For any redevelopment project area that has been |
17 | | designated pursuant
to this
Section by an ordinance adopted |
18 | | prior to November 1, 1999 (the effective
date of Public Act
|
19 | | 91-478), "conservation area" shall have the meaning
set forth |
20 | | in this
Section prior to that date.
|
21 | | On and after November 1, 1999,
"conservation area" means |
22 | | any improved area within the boundaries
of a redevelopment |
23 | | project area located within the territorial limits of
the |
24 | | municipality in which 50% or more of the structures in the area |
25 | | have
an age of 35 years or more.
Such an area is not yet a |
26 | | blighted area but
because of a combination of 3 or more of the |
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1 | | following factors is detrimental
to the public safety, health, |
2 | | morals
or welfare and such an area may become a blighted area:
|
3 | | (1) Dilapidation. An advanced state of disrepair or |
4 | | neglect of
necessary
repairs to the primary structural |
5 | | components of buildings or improvements in
such a |
6 | | combination that a documented building condition analysis |
7 | | determines
that major repair is required or the defects |
8 | | are so serious and so extensive
that the buildings must be |
9 | | removed.
|
10 | | (2) Obsolescence. The condition or process of falling |
11 | | into disuse.
Structures have become ill-suited for the |
12 | | original use.
|
13 | | (3) Deterioration. With respect to buildings, defects
|
14 | | including, but not limited to, major defects in
the |
15 | | secondary building components such as doors, windows, |
16 | | porches, gutters and
downspouts, and fascia. With respect |
17 | | to surface improvements, that the
condition of roadways, |
18 | | alleys, curbs, gutters, sidewalks, off-street parking,
and |
19 | | surface storage areas evidence deterioration, including, |
20 | | but not limited
to, surface cracking, crumbling, potholes, |
21 | | depressions, loose paving material,
and weeds protruding |
22 | | through paved surfaces.
|
23 | | (4) Presence of structures below minimum code |
24 | | standards. All structures
that do not meet the standards |
25 | | of zoning, subdivision, building, fire, and
other |
26 | | governmental codes applicable to property, but not |
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1 | | including housing and
property maintenance codes.
|
2 | | (5) Illegal use of individual structures. The use of |
3 | | structures in
violation of applicable federal, State, or |
4 | | local laws, exclusive of those
applicable to the presence |
5 | | of structures below minimum code standards.
|
6 | | (6) Excessive vacancies. The presence of
buildings |
7 | | that are unoccupied or under-utilized and that represent |
8 | | an adverse
influence on the area because of the frequency, |
9 | | extent, or duration of the
vacancies.
|
10 | | (7) Lack of ventilation, light, or sanitary |
11 | | facilities. The absence of
adequate ventilation for light |
12 | | or air circulation in spaces or rooms without
windows, or |
13 | | that require the removal of dust, odor, gas, smoke, or |
14 | | other
noxious airborne materials. Inadequate natural light |
15 | | and ventilation means
the absence or inadequacy of |
16 | | skylights or windows for interior spaces or rooms
and |
17 | | improper
window sizes and amounts by room area to window |
18 | | area ratios. Inadequate
sanitary facilities refers to the |
19 | | absence or inadequacy of garbage storage and
enclosure,
|
20 | | bathroom facilities, hot water and kitchens, and |
21 | | structural inadequacies
preventing ingress and egress to |
22 | | and from all rooms and units within a
building.
|
23 | | (8) Inadequate utilities. Underground and overhead |
24 | | utilities
such as storm sewers and storm drainage, |
25 | | sanitary sewers, water lines, and gas,
telephone, and
|
26 | | electrical services that are shown to be inadequate. |
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1 | | Inadequate utilities are
those that are: (i) of |
2 | | insufficient capacity to serve the uses in the
|
3 | | redevelopment project area, (ii) deteriorated,
antiquated, |
4 | | obsolete, or in disrepair, or (iii) lacking within the
|
5 | | redevelopment project area.
|
6 | | (9) Excessive land coverage and overcrowding of |
7 | | structures and community
facilities. The over-intensive |
8 | | use of property and the crowding of buildings
and |
9 | | accessory facilities onto a site. Examples of problem |
10 | | conditions
warranting the designation of an area as one |
11 | | exhibiting excessive land coverage
are: the presence of |
12 | | buildings either improperly situated on parcels or located
|
13 | | on parcels of inadequate size and shape in relation to |
14 | | present-day standards of
development for health and safety |
15 | | and the presence of multiple buildings on a
single parcel. |
16 | | For there to be a finding of excessive land coverage,
|
17 | | these parcels must exhibit one or more of the following |
18 | | conditions:
insufficient provision for
light and air |
19 | | within or around buildings, increased threat of spread of |
20 | | fire
due to the close proximity of buildings, lack of |
21 | | adequate or proper access to a
public right-of-way, lack |
22 | | of reasonably required off-street parking, or
inadequate |
23 | | provision for loading and service.
|
24 | | (10) Deleterious land use or layout. The existence of |
25 | | incompatible
land-use
relationships, buildings occupied by |
26 | | inappropriate mixed-uses, or uses
considered to be |
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1 | | noxious, offensive, or unsuitable for the
surrounding |
2 | | area.
|
3 | | (11) Lack of community planning. The proposed |
4 | | redevelopment project area
was
developed prior to or |
5 | | without the benefit or guidance of a community plan.
This |
6 | | means that the development occurred prior to the adoption |
7 | | by the
municipality of a comprehensive or other community |
8 | | plan or that the plan was
not followed at the time of the |
9 | | area's development. This factor must be
documented by |
10 | | evidence of adverse or incompatible land-use |
11 | | relationships,
inadequate street layout, improper |
12 | | subdivision, parcels of inadequate shape and
size to meet |
13 | | contemporary development standards, or other evidence
|
14 | | demonstrating
an absence of effective community planning.
|
15 | | (12) The area has incurred Illinois Environmental |
16 | | Protection Agency or
United
States Environmental |
17 | | Protection Agency remediation costs for, or a study
|
18 | | conducted by an independent consultant recognized as |
19 | | having expertise in
environmental remediation has |
20 | | determined a need for, the clean-up of hazardous
waste, |
21 | | hazardous substances, or underground storage tanks |
22 | | required by State
or federal law, provided that the |
23 | | remediation costs constitute a material
impediment to the |
24 | | development or redevelopment of the redevelopment project
|
25 | | area.
|
26 | | (13) The total equalized assessed value of the |
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1 | | proposed redevelopment
project area has declined for 3 of |
2 | | the last 5 calendar years
for which information is
|
3 | | available or is increasing at an annual rate that is less |
4 | | than the balance of
the municipality for 3 of the last 5 |
5 | | calendar years for which information is
available or is |
6 | | increasing at an annual rate that is less
than the |
7 | | Consumer Price Index for All Urban Consumers published by |
8 | | the United
States Department of Labor or successor agency |
9 | | for 3 of the last 5 calendar
years for which information is |
10 | | available.
|
11 | | (c) "Industrial park" means an area in a blighted or |
12 | | conservation
area suitable for use by any manufacturing, |
13 | | industrial, research or
transportation enterprise, of |
14 | | facilities to include but not be limited to
factories, mills, |
15 | | processing plants, assembly plants, packing plants,
|
16 | | fabricating plants, industrial distribution centers, |
17 | | warehouses, repair
overhaul or service facilities, freight |
18 | | terminals, research facilities,
test facilities or railroad |
19 | | facilities.
|
20 | | (d) "Industrial park conservation area" means an area |
21 | | within the
boundaries of a redevelopment project area located |
22 | | within the territorial
limits of a municipality that is a |
23 | | labor surplus municipality or within 1
1/2 miles of the |
24 | | territorial limits of a municipality that is a labor
surplus |
25 | | municipality if the area is annexed to the municipality; which
|
26 | | area is zoned as industrial no later than at the time the |
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1 | | municipality by
ordinance designates the redevelopment project |
2 | | area, and which area
includes both vacant land suitable for |
3 | | use as an industrial park and a
blighted area or conservation |
4 | | area contiguous to such vacant land.
|
5 | | (e) "Labor surplus municipality" means a municipality in |
6 | | which, at any
time during the 6 months before the municipality |
7 | | by ordinance designates
an industrial park conservation area, |
8 | | the unemployment rate was over 6% and was
also 100% or more of |
9 | | the national average unemployment rate for that same
time as |
10 | | published in the United States Department of Labor Bureau of |
11 | | Labor
Statistics publication entitled "The Employment |
12 | | Situation" or its successor
publication. For the purpose of |
13 | | this subsection, if unemployment rate
statistics for the |
14 | | municipality are not available, the unemployment rate in
the |
15 | | municipality shall be deemed to be the same as the |
16 | | unemployment rate in
the principal county in which the |
17 | | municipality is located.
|
18 | | (f) "Municipality" shall mean a city, village, |
19 | | incorporated town, or a township that is located in the |
20 | | unincorporated portion of a county with 3 million or more |
21 | | inhabitants, if the county adopted an ordinance that approved |
22 | | the township's redevelopment plan.
|
23 | | (g) "Initial Sales Tax Amounts" means the amount of taxes |
24 | | paid under
the Retailers' Occupation Tax Act, Use Tax Act, |
25 | | Service Use Tax Act, the
Service Occupation Tax Act, the |
26 | | Municipal Retailers' Occupation Tax Act,
and the Municipal |
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1 | | Service Occupation Tax Act by
retailers and servicemen on |
2 | | transactions at places located in a
State Sales Tax Boundary |
3 | | during the calendar year 1985.
|
4 | | (g-1) "Revised Initial Sales Tax Amounts" means the amount |
5 | | of taxes paid
under the Retailers' Occupation Tax Act, Use Tax |
6 | | Act, Service Use Tax Act, the
Service Occupation Tax Act, the |
7 | | Municipal Retailers' Occupation Tax Act,
and the Municipal |
8 | | Service Occupation Tax Act by retailers and servicemen on
|
9 | | transactions at places located within the State Sales Tax |
10 | | Boundary
revised pursuant to Section 11-74.4-8a(9) of this |
11 | | Act.
|
12 | | (h) "Municipal Sales Tax Increment" means an amount equal |
13 | | to the
increase in the aggregate amount of taxes paid to a |
14 | | municipality from the
Local Government Tax Fund arising from |
15 | | sales by retailers and servicemen
within the redevelopment |
16 | | project area or State Sales Tax Boundary, as
the case may be, |
17 | | for as long as the redevelopment project area or State
Sales |
18 | | Tax Boundary, as the case may be, exist over and above the |
19 | | aggregate
amount of taxes as certified by the Illinois |
20 | | Department of Revenue and paid
under the Municipal Retailers' |
21 | | Occupation Tax Act and the Municipal Service
Occupation Tax |
22 | | Act by retailers and servicemen, on transactions at places
of |
23 | | business located in the redevelopment project area or State |
24 | | Sales Tax
Boundary, as the case may be, during the
base year |
25 | | which shall be the calendar year immediately prior to the year |
26 | | in
which the municipality adopted tax increment allocation |
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1 | | financing. For
purposes of computing the aggregate amount of |
2 | | such taxes for base years
occurring prior to 1985, the |
3 | | Department of Revenue shall determine the
Initial Sales Tax |
4 | | Amounts for such taxes and deduct therefrom an amount
equal to |
5 | | 4% of the aggregate amount of taxes per year for each year the
|
6 | | base year is prior to 1985, but not to exceed a total deduction |
7 | | of 12%.
The amount so determined shall be known as the |
8 | | "Adjusted Initial Sales Tax
Amounts". For purposes of |
9 | | determining the Municipal Sales Tax Increment,
the Department |
10 | | of Revenue shall for each period subtract from the amount
paid |
11 | | to the municipality from the Local Government Tax Fund arising |
12 | | from
sales by retailers and servicemen on transactions
located |
13 | | in the redevelopment project area or the State Sales Tax |
14 | | Boundary,
as the case may be, the certified Initial Sales Tax
|
15 | | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised |
16 | | Initial
Sales Tax Amounts for the Municipal Retailers'
|
17 | | Occupation Tax Act and the Municipal Service
Occupation Tax |
18 | | Act. For the State Fiscal Year 1989, this calculation shall
be |
19 | | made by utilizing the calendar year 1987 to determine the tax |
20 | | amounts
received. For the State Fiscal Year 1990, this |
21 | | calculation shall be made
by utilizing the period from January |
22 | | 1, 1988, until September 30, 1988, to
determine the tax |
23 | | amounts received from retailers and servicemen pursuant
to the |
24 | | Municipal Retailers' Occupation Tax and the Municipal Service
|
25 | | Occupation Tax Act, which shall have deducted therefrom
|
26 | | nine-twelfths of the certified Initial Sales Tax Amounts, the |
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1 | | Adjusted Initial
Sales Tax Amounts or the Revised Initial |
2 | | Sales Tax Amounts as appropriate.
For the State Fiscal Year |
3 | | 1991, this calculation shall be made by utilizing
the period |
4 | | from October 1, 1988, to June 30, 1989, to determine the tax
|
5 | | amounts received from retailers and servicemen pursuant to the |
6 | | Municipal
Retailers' Occupation Tax and the Municipal Service |
7 | | Occupation Tax Act
which shall have deducted therefrom |
8 | | nine-twelfths of the
certified Initial Sales Tax Amounts, |
9 | | Adjusted Initial Sales Tax
Amounts or the Revised Initial |
10 | | Sales Tax Amounts as appropriate. For every
State Fiscal Year |
11 | | thereafter, the applicable period shall be the 12 months
|
12 | | beginning July 1 and ending June 30 to determine the tax |
13 | | amounts received
which shall have deducted therefrom the |
14 | | certified Initial Sales Tax
Amounts, the Adjusted Initial |
15 | | Sales Tax Amounts or the Revised Initial
Sales Tax Amounts, as |
16 | | the case may be.
|
17 | | (i) "Net State Sales Tax Increment" means the sum of the |
18 | | following: (a)
80% of the first $100,000 of State Sales Tax |
19 | | Increment annually generated
within a State Sales Tax |
20 | | Boundary; (b) 60% of the amount in excess of
$100,000 but not |
21 | | exceeding $500,000 of State Sales Tax Increment annually
|
22 | | generated within a State Sales Tax Boundary; and (c) 40% of all |
23 | | amounts in
excess of $500,000 of State Sales Tax Increment |
24 | | annually generated within a
State Sales Tax Boundary. If, |
25 | | however, a municipality established a tax
increment financing |
26 | | district in a county with a population in excess of
3,000,000 |
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1 | | before January 1, 1986, and the municipality entered into a
|
2 | | contract or issued bonds after January 1, 1986, but before |
3 | | December 31, 1986,
to finance redevelopment project costs |
4 | | within a State Sales Tax
Boundary, then the Net State Sales Tax |
5 | | Increment means, for the fiscal years
beginning July 1, 1990, |
6 | | and July 1, 1991, 100% of the State Sales Tax
Increment |
7 | | annually generated within a State Sales Tax Boundary; and
|
8 | | notwithstanding any other provision of this Act, for those |
9 | | fiscal years the
Department of Revenue shall distribute to |
10 | | those municipalities 100% of
their Net State Sales Tax |
11 | | Increment before any distribution to any other
municipality |
12 | | and regardless of whether or not those other municipalities
|
13 | | will receive 100% of their Net State Sales Tax Increment. For |
14 | | Fiscal Year
1999, and every year thereafter until the year |
15 | | 2007, for any municipality
that has not entered into a |
16 | | contract or has not issued bonds prior to June
1, 1988 to |
17 | | finance redevelopment project costs within a State Sales Tax
|
18 | | Boundary, the Net State Sales Tax Increment shall be |
19 | | calculated as follows:
By multiplying the Net State Sales Tax |
20 | | Increment by 90% in the State Fiscal
Year 1999; 80% in the |
21 | | State Fiscal Year 2000; 70% in the State Fiscal Year
2001; 60% |
22 | | in the State Fiscal Year 2002; 50% in the State Fiscal Year |
23 | | 2003; 40%
in the State Fiscal Year 2004; 30% in the State |
24 | | Fiscal Year 2005; 20% in
the State Fiscal Year 2006; and 10% in |
25 | | the State Fiscal Year 2007. No
payment shall be made for State |
26 | | Fiscal Year 2008 and thereafter.
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1 | | Municipalities that issued bonds in connection with a |
2 | | redevelopment project
in a redevelopment project area within |
3 | | the State Sales Tax Boundary prior to
July 29, 1991,
or that |
4 | | entered into contracts in connection with a redevelopment |
5 | | project in
a redevelopment project area before June 1, 1988,
|
6 | | shall continue to receive their proportional share of the
|
7 | | Illinois Tax Increment Fund distribution until the date on |
8 | | which the
redevelopment project is completed or terminated.
|
9 | | If, however, a municipality that issued bonds in connection |
10 | | with a
redevelopment project in a redevelopment project area |
11 | | within the State Sales
Tax Boundary prior to July 29, 1991 |
12 | | retires the bonds prior to June 30, 2007 or
a municipality that |
13 | | entered into contracts in connection with a redevelopment
|
14 | | project in a redevelopment project area before June 1, 1988 |
15 | | completes the
contracts prior to June 30, 2007, then so long as |
16 | | the redevelopment project is
not
completed or is not |
17 | | terminated, the Net State Sales Tax Increment shall be
|
18 | | calculated, beginning on the date on which the bonds are |
19 | | retired or the
contracts are completed, as follows: By |
20 | | multiplying the Net State Sales Tax
Increment by 60% in the |
21 | | State Fiscal Year
2002; 50% in the State Fiscal Year 2003; 40% |
22 | | in the State Fiscal Year 2004; 30%
in the State Fiscal Year |
23 | | 2005; 20% in the State Fiscal Year 2006; and 10% in
the State |
24 | | Fiscal Year 2007. No payment shall be made for State Fiscal |
25 | | Year
2008 and thereafter.
Refunding of any bonds issued
prior |
26 | | to July 29, 1991, shall not alter the Net State Sales Tax |
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1 | | Increment.
|
2 | | (j) "State Utility Tax Increment Amount" means an amount |
3 | | equal to the
aggregate increase in State electric and gas tax |
4 | | charges imposed on owners
and tenants, other than residential |
5 | | customers, of properties located within
the redevelopment |
6 | | project area under Section 9-222 of the Public Utilities
Act, |
7 | | over and above the aggregate of such charges as certified by |
8 | | the
Department of Revenue and paid by owners and tenants, |
9 | | other than
residential customers, of properties within the |
10 | | redevelopment project area
during the base year, which shall |
11 | | be the calendar year immediately prior to
the year of the |
12 | | adoption of the ordinance authorizing tax increment allocation
|
13 | | financing.
|
14 | | (k) "Net State Utility Tax Increment" means the sum of the |
15 | | following:
(a) 80% of the first $100,000 of State Utility Tax |
16 | | Increment annually
generated by a redevelopment project area; |
17 | | (b) 60% of the amount in excess
of $100,000 but not exceeding |
18 | | $500,000 of the State Utility Tax Increment
annually generated |
19 | | by a redevelopment project area; and (c) 40% of all
amounts in |
20 | | excess of $500,000 of State Utility Tax Increment annually
|
21 | | generated by a redevelopment project area. For the State |
22 | | Fiscal Year 1999,
and every year thereafter until the year |
23 | | 2007, for any municipality that
has not entered into a |
24 | | contract or has not issued bonds prior to June 1,
1988 to |
25 | | finance redevelopment project costs within a redevelopment |
26 | | project
area, the Net State Utility Tax Increment shall be |
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1 | | calculated as follows:
By multiplying the Net State Utility |
2 | | Tax Increment by 90% in the State
Fiscal Year 1999; 80% in the |
3 | | State Fiscal Year 2000; 70% in the State
Fiscal Year 2001; 60% |
4 | | in the State Fiscal Year 2002; 50% in the State
Fiscal Year |
5 | | 2003; 40% in the State Fiscal Year 2004; 30% in the State
|
6 | | Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in |
7 | | the State
Fiscal Year 2007. No payment shall be made for the |
8 | | State Fiscal Year 2008
and thereafter.
|
9 | | Municipalities that issue bonds in connection with the |
10 | | redevelopment project
during the period from June 1, 1988 |
11 | | until 3 years after the effective date
of this Amendatory Act |
12 | | of 1988 shall receive the Net State Utility Tax
Increment, |
13 | | subject to appropriation, for 15 State Fiscal Years after the
|
14 | | issuance of such bonds. For the 16th through the 20th State |
15 | | Fiscal Years
after issuance of the bonds, the Net State |
16 | | Utility Tax Increment shall be
calculated as follows: By |
17 | | multiplying the Net State Utility Tax Increment
by 90% in year |
18 | | 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50%
in |
19 | | year 20. Refunding of any bonds issued prior to June 1, 1988, |
20 | | shall not
alter the revised Net State Utility Tax Increment |
21 | | payments set forth above.
|
22 | | (l) "Obligations" mean bonds, loans, debentures, notes, |
23 | | special certificates
or other evidence of indebtedness issued |
24 | | by the municipality to carry out
a redevelopment project or to |
25 | | refund outstanding obligations.
|
26 | | (m) "Payment in lieu of taxes" means those estimated tax |
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1 | | revenues from
real property in a redevelopment project area |
2 | | derived from real property that
has been acquired by a |
3 | | municipality
which according to the redevelopment project or |
4 | | plan is to be used for a
private use which taxing districts |
5 | | would have received had a municipality
not acquired the real |
6 | | property and adopted tax increment allocation
financing and |
7 | | which would result from
levies made after the time of the |
8 | | adoption of tax increment allocation
financing to the time the |
9 | | current equalized value of real property in the
redevelopment |
10 | | project area exceeds the total initial equalized value of
real |
11 | | property in said area.
|
12 | | (n) "Redevelopment plan" means the comprehensive program |
13 | | of
the municipality for development or redevelopment intended |
14 | | by the payment of
redevelopment project costs to reduce or |
15 | | eliminate those conditions the
existence of which qualified |
16 | | the redevelopment project area as
a "blighted
area" or |
17 | | "conservation area" or combination thereof or "industrial park
|
18 | | conservation area," and thereby to enhance the tax bases of |
19 | | the taxing
districts which extend into the redevelopment |
20 | | project area, provided that, with respect to redevelopment |
21 | | project areas described in subsections (p-1) and (p-2), |
22 | | "redevelopment plan" means the comprehensive program of the |
23 | | affected municipality for the development of qualifying |
24 | | transit facilities.
On and after November 1, 1999 (the |
25 | | effective date of
Public Act 91-478), no
redevelopment plan |
26 | | may be approved or amended that includes the development of
|
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1 | | vacant land (i) with a golf course and related clubhouse and |
2 | | other facilities
or (ii) designated by federal, State, county, |
3 | | or municipal government as public
land for outdoor |
4 | | recreational activities or for nature preserves and used for
|
5 | | that purpose within 5
years prior to the adoption of the |
6 | | redevelopment plan. For the purpose of
this subsection, |
7 | | "recreational activities" is limited to mean camping and
|
8 | | hunting.
Each
redevelopment plan shall set forth in writing |
9 | | the program to be undertaken
to accomplish the objectives and |
10 | | shall include but not be limited to:
|
11 | | (A) an itemized list of estimated redevelopment |
12 | | project costs;
|
13 | | (B) evidence indicating that the redevelopment project |
14 | | area on the whole
has not been subject to growth and |
15 | | development through investment by private
enterprise, |
16 | | provided that such evidence shall not be required for any |
17 | | redevelopment project area located within a transit |
18 | | facility improvement area established pursuant to Section |
19 | | 11-74.4-3.3;
|
20 | | (C) an assessment of any financial impact of the |
21 | | redevelopment project
area on or any increased demand for |
22 | | services from any taxing district affected
by the plan and |
23 | | any program to address such financial impact or increased
|
24 | | demand;
|
25 | | (D) the sources of funds to pay costs;
|
26 | | (E) the nature and term of the obligations to be |
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1 | | issued;
|
2 | | (F) the most recent equalized assessed valuation of |
3 | | the redevelopment
project area;
|
4 | | (G) an estimate as to the equalized assessed valuation |
5 | | after redevelopment
and the general land uses to apply in |
6 | | the redevelopment project area;
|
7 | | (H) a commitment to fair employment practices and a |
8 | | positive action an affirmative action
plan;
|
9 | | (I) if it concerns an industrial park
conservation |
10 | | area, the plan shall
also include a general description
of |
11 | | any proposed developer, user and tenant of any property, a |
12 | | description
of the type, structure and general character |
13 | | of the facilities to be
developed, a description of the |
14 | | type, class and number of new employees to
be employed in |
15 | | the operation of the facilities to be developed; and
|
16 | | (J) if property is to be annexed to the municipality, |
17 | | the plan shall
include the terms of the annexation |
18 | | agreement.
|
19 | | The provisions of items (B) and (C) of this subsection (n) |
20 | | shall not apply to
a municipality that before March 14, 1994 |
21 | | (the effective date of Public Act
88-537) had fixed, either by |
22 | | its
corporate authorities or by a commission designated under |
23 | | subsection (k) of
Section 11-74.4-4, a time and place for a |
24 | | public hearing as required by
subsection (a) of Section |
25 | | 11-74.4-5.
No redevelopment plan shall be adopted unless a
|
26 | | municipality complies with all of the following requirements:
|
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1 | | (1) The municipality finds that the redevelopment |
2 | | project area on
the whole has not been subject to growth |
3 | | and development through investment
by private enterprise |
4 | | and would not reasonably be anticipated to be
developed |
5 | | without the adoption of the redevelopment plan, provided, |
6 | | however, that such a finding shall not be required with |
7 | | respect to any redevelopment project area located within a |
8 | | transit facility improvement area established pursuant to |
9 | | Section 11-74.4-3.3.
|
10 | | (2) The municipality finds that the redevelopment plan |
11 | | and project conform
to the comprehensive plan for the |
12 | | development of the municipality as a whole,
or, for |
13 | | municipalities with a population of 100,000 or more, |
14 | | regardless of when
the redevelopment plan and project was |
15 | | adopted, the redevelopment plan and
project either: (i) |
16 | | conforms to the strategic economic development or
|
17 | | redevelopment plan issued by the designated planning |
18 | | authority of the
municipality, or (ii) includes land uses |
19 | | that have been approved by the
planning commission of the |
20 | | municipality.
|
21 | | (3) The redevelopment plan establishes the estimated |
22 | | dates of completion
of the redevelopment project and |
23 | | retirement of obligations issued to finance
redevelopment |
24 | | project costs. Those dates may not be later than the dates |
25 | | set forth under Section 11-74.4-3.5.
|
26 | | A municipality may by municipal ordinance amend an |
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1 | | existing redevelopment
plan to conform to this paragraph |
2 | | (3) as amended by Public Act 91-478, which
municipal |
3 | | ordinance may be adopted without
further hearing or
notice |
4 | | and without complying with the procedures provided in this |
5 | | Act
pertaining to an amendment to or the initial approval |
6 | | of a redevelopment plan
and project and
designation of a |
7 | | redevelopment project area.
|
8 | | (3.5) The municipality finds, in the case of an |
9 | | industrial
park
conservation area, also that the |
10 | | municipality is a labor surplus municipality
and that the |
11 | | implementation of the redevelopment plan will reduce |
12 | | unemployment,
create new jobs and by the provision of new |
13 | | facilities enhance the tax base of
the taxing districts |
14 | | that extend into the redevelopment project area.
|
15 | | (4) If any incremental revenues are being utilized |
16 | | under
Section 8(a)(1)
or 8(a)(2) of this Act in |
17 | | redevelopment project areas approved by ordinance
after |
18 | | January 1, 1986, the municipality finds: (a) that the |
19 | | redevelopment
project area would not reasonably be |
20 | | developed without the use of such
incremental revenues, |
21 | | and (b) that such incremental revenues will be
exclusively |
22 | | utilized for the development of the redevelopment project |
23 | | area.
|
24 | | (5) If: (a)
the redevelopment plan will not result in
|
25 | | displacement of
residents from 10 or more inhabited |
26 | | residential units, and the
municipality certifies in the |
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1 | | plan that
such displacement will not result from the plan; |
2 | | or (b) the redevelopment plan is for a redevelopment |
3 | | project area located within a transit facility improvement |
4 | | area established pursuant to Section 11-74.4-3.3, and the |
5 | | applicable project is subject to the process for |
6 | | evaluation of environmental effects under the National |
7 | | Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., |
8 | | then a housing impact study
need not be performed.
If, |
9 | | however, the redevelopment plan would result in the |
10 | | displacement
of
residents from 10 or more inhabited
|
11 | | residential units,
or if the redevelopment project area |
12 | | contains 75 or more inhabited residential
units and no
|
13 | | certification is made,
then the municipality shall |
14 | | prepare, as part of the separate
feasibility report |
15 | | required by subsection (a) of Section 11-74.4-5, a housing
|
16 | | impact study.
|
17 | | Part I of the housing impact study shall include (i) |
18 | | data as to whether
the residential units are single family |
19 | | or multi-family units,
(ii) the number and type of rooms |
20 | | within the units, if that information is
available, (iii) |
21 | | whether
the
units are inhabited or uninhabited, as |
22 | | determined not less than 45
days before the date that the |
23 | | ordinance or resolution required
by subsection (a) of |
24 | | Section 11-74.4-5 is passed, and (iv) data as to the
|
25 | | racial and ethnic composition of the residents in the |
26 | | inhabited residential
units. The data requirement as to |
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1 | | the racial and ethnic composition of the
residents in the |
2 | | inhabited residential units shall be deemed to be fully
|
3 | | satisfied by data from the most recent federal census.
|
4 | | Part II of the housing impact study shall identify the |
5 | | inhabited
residential units in the proposed redevelopment |
6 | | project area that are to be or
may be removed. If inhabited |
7 | | residential units are to be removed, then the
housing |
8 | | impact study shall identify (i) the number and location of |
9 | | those units
that will or may be removed, (ii) the |
10 | | municipality's plans for relocation
assistance for those |
11 | | residents in the proposed redevelopment project area
whose |
12 | | residences are to be removed, (iii) the availability of |
13 | | replacement
housing for those residents whose residences |
14 | | are to be removed, and shall
identify the type, location, |
15 | | and cost of the housing, and (iv) the type and
extent
of |
16 | | relocation assistance to be provided.
|
17 | | (6) On and after November 1, 1999, the
housing impact |
18 | | study required by paragraph (5) shall be
incorporated in |
19 | | the redevelopment plan for the
redevelopment project area.
|
20 | | (7) On and after November 1, 1999, no
redevelopment |
21 | | plan shall be adopted, nor an
existing plan amended, nor |
22 | | shall residential housing that is
occupied by households |
23 | | of low-income and very low-income
persons in currently |
24 | | existing redevelopment project
areas be removed after |
25 | | November 1, 1999 unless the redevelopment plan provides, |
26 | | with
respect to inhabited housing units that are to be |
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1 | | removed for
households of low-income and very low-income |
2 | | persons, affordable
housing and relocation assistance not |
3 | | less than that which would
be provided under the federal |
4 | | Uniform Relocation Assistance and
Real Property |
5 | | Acquisition Policies Act of 1970 and the regulations
under |
6 | | that Act, including the eligibility criteria.
Affordable |
7 | | housing may be either existing or newly constructed
|
8 | | housing. For purposes of this paragraph (7), "low-income
|
9 | | households", "very low-income households", and "affordable
|
10 | | housing" have the meanings set forth in the Illinois |
11 | | Affordable
Housing Act.
The municipality shall make a good |
12 | | faith effort to ensure that this affordable
housing is |
13 | | located in or near the redevelopment project area within |
14 | | the
municipality.
|
15 | | (8) On and after November 1, 1999, if,
after the |
16 | | adoption of the redevelopment plan for the
redevelopment |
17 | | project area, any municipality desires to amend its
|
18 | | redevelopment plan
to remove more inhabited residential |
19 | | units than
specified in its original redevelopment plan, |
20 | | that change shall be made in
accordance with the |
21 | | procedures in subsection (c) of Section 11-74.4-5.
|
22 | | (9) For redevelopment project areas designated prior |
23 | | to November 1,
1999, the redevelopment plan may be amended |
24 | | without further joint review board
meeting or hearing, |
25 | | provided that the municipality shall give notice of any
|
26 | | such changes by mail to each affected taxing district and |
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1 | | registrant on the
interested party registry, to authorize |
2 | | the municipality to expend tax
increment revenues for |
3 | | redevelopment project costs defined by paragraphs (5)
and |
4 | | (7.5), subparagraphs (E) and (F) of paragraph (11), and |
5 | | paragraph (11.5) of
subsection (q) of Section 11-74.4-3, |
6 | | so long as the changes do not increase the
total estimated |
7 | | redevelopment project costs set out in the redevelopment |
8 | | plan
by more than 5% after adjustment for inflation from |
9 | | the date the plan was
adopted.
|
10 | | (o) "Redevelopment project" means any public and private |
11 | | development project
in furtherance of the objectives of a |
12 | | redevelopment plan.
On and after November 1, 1999 (the |
13 | | effective date of Public Act 91-478), no
redevelopment plan |
14 | | may be approved or amended that includes the development
of |
15 | | vacant land (i) with a golf course and related clubhouse and |
16 | | other
facilities
or (ii) designated by federal, State, county, |
17 | | or municipal government as public
land for outdoor |
18 | | recreational activities or for nature preserves and used for
|
19 | | that purpose within 5
years prior to the adoption of the |
20 | | redevelopment plan. For the purpose of
this subsection, |
21 | | "recreational activities" is limited to mean camping and
|
22 | | hunting.
|
23 | | (p) "Redevelopment project area" means an area designated |
24 | | by
the
municipality, which is not less in the aggregate than 1 |
25 | | 1/2 acres and in
respect to which the municipality has made a |
26 | | finding that there exist
conditions which cause the area to be |
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1 | | classified as an industrial park
conservation area or a |
2 | | blighted area or a conservation area, or a
combination of both |
3 | | blighted areas and conservation areas.
|
4 | | (p-1) Notwithstanding any provision of this Act to the |
5 | | contrary, on and after August 25, 2009 (the effective date of |
6 | | Public Act 96-680), a redevelopment project area may include |
7 | | areas within a one-half mile radius of an existing or proposed |
8 | | Regional Transportation Authority Suburban Transit Access |
9 | | Route (STAR Line) station without a finding that the area is |
10 | | classified as an industrial park conservation area, a blighted |
11 | | area, a conservation area, or a combination thereof, but only |
12 | | if the municipality receives unanimous consent from the joint |
13 | | review board created to review the proposed redevelopment |
14 | | project area. |
15 | | (p-2) Notwithstanding any provision of this Act to the |
16 | | contrary, on and after the effective date of this amendatory |
17 | | Act of the 99th General Assembly, a redevelopment project area |
18 | | may include areas within a transit facility improvement area |
19 | | that has been established pursuant to Section 11-74.4-3.3 |
20 | | without a finding that the area is classified as an industrial |
21 | | park conservation area, a blighted area, a conservation area, |
22 | | or any combination thereof. |
23 | | (q) "Redevelopment project costs", except for |
24 | | redevelopment project areas created pursuant to subsection |
25 | | (p-1) or (p-2), means and includes the sum total of all
|
26 | | reasonable or necessary costs incurred or estimated to be |
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1 | | incurred, and
any such costs incidental to a redevelopment |
2 | | plan and a redevelopment
project. Such costs include, without |
3 | | limitation, the following:
|
4 | | (1) Costs of studies, surveys, development of plans, |
5 | | and
specifications, implementation and administration of |
6 | | the redevelopment
plan including but not limited to staff |
7 | | and professional service costs for
architectural, |
8 | | engineering, legal, financial, planning or other
services, |
9 | | provided however that no charges for professional services |
10 | | may be
based on a percentage of the tax increment |
11 | | collected; except that on and
after November 1, 1999 (the |
12 | | effective date of Public Act 91-478), no
contracts for
|
13 | | professional services, excluding architectural and |
14 | | engineering services, may be
entered into if the terms of |
15 | | the contract extend
beyond a period of 3 years. In |
16 | | addition, "redevelopment project costs" shall
not include |
17 | | lobbying expenses.
After consultation with the |
18 | | municipality, each tax
increment consultant or advisor to |
19 | | a municipality that plans to designate or
has designated a |
20 | | redevelopment project area shall inform the municipality |
21 | | in
writing of any contracts that the consultant or advisor |
22 | | has entered into with
entities or individuals that have |
23 | | received, or are receiving, payments financed
by tax
|
24 | | increment revenues produced by the redevelopment project |
25 | | area with respect to
which the consultant or advisor has |
26 | | performed, or will be performing, service
for the
|
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1 | | municipality. This requirement shall be satisfied by the |
2 | | consultant or advisor
before the commencement of services |
3 | | for the municipality and thereafter
whenever any other |
4 | | contracts with those individuals or entities are executed |
5 | | by
the consultant or advisor;
|
6 | | (1.5) After July 1, 1999, annual administrative costs |
7 | | shall
not include general overhead or
administrative costs |
8 | | of the municipality
that would still have been incurred by |
9 | | the municipality if the municipality had
not
designated a |
10 | | redevelopment project area or approved a redevelopment |
11 | | plan;
|
12 | | (1.6) The cost of
marketing sites within the |
13 | | redevelopment project area to prospective
businesses, |
14 | | developers, and investors;
|
15 | | (2) Property assembly costs, including but not limited |
16 | | to acquisition
of land and other property, real or |
17 | | personal, or rights or interests therein,
demolition of |
18 | | buildings, site preparation, site improvements that serve |
19 | | as an
engineered barrier addressing ground level or below |
20 | | ground environmental
contamination, including, but not |
21 | | limited to parking lots and other concrete
or asphalt |
22 | | barriers, and the clearing and grading of
land;
|
23 | | (3) Costs of rehabilitation, reconstruction or repair |
24 | | or remodeling of
existing public or private buildings, |
25 | | fixtures, and leasehold
improvements; and the cost of |
26 | | replacing
an existing public building if pursuant to the |
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1 | | implementation of a
redevelopment project the existing |
2 | | public building is to be demolished to use
the site for |
3 | | private investment or
devoted to a different use requiring |
4 | | private investment; including any direct or indirect costs |
5 | | relating to Green Globes or LEED certified construction |
6 | | elements or construction elements with an equivalent |
7 | | certification;
|
8 | | (4) Costs of the construction of public works or |
9 | | improvements, including any direct or indirect costs |
10 | | relating to Green Globes or LEED certified construction |
11 | | elements or construction elements with an equivalent |
12 | | certification, except
that on and after November 1, 1999,
|
13 | | redevelopment
project costs shall not include the cost of |
14 | | constructing a
new municipal public building principally |
15 | | used to provide
offices, storage space, or conference |
16 | | facilities or vehicle storage,
maintenance, or repair for |
17 | | administrative,
public safety, or public works personnel
|
18 | | and that is not intended to replace an existing
public |
19 | | building as provided under paragraph (3) of subsection (q) |
20 | | of Section
11-74.4-3
unless either (i) the construction of |
21 | | the new municipal building
implements a redevelopment |
22 | | project that was included in a redevelopment plan
that was |
23 | | adopted by the municipality prior to November 1, 1999, |
24 | | (ii) the
municipality makes a reasonable
determination in |
25 | | the redevelopment plan, supported by information that |
26 | | provides
the basis for that determination, that the new |
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1 | | municipal building is required
to meet an increase in the |
2 | | need for public safety purposes anticipated to
result from |
3 | | the implementation of the redevelopment plan, or (iii) the |
4 | | new municipal public building is for the storage, |
5 | | maintenance, or repair of transit vehicles and is located |
6 | | in a transit facility improvement area that has been |
7 | | established pursuant to Section 11-74.4-3.3;
|
8 | | (5) Costs of job training and retraining projects, |
9 | | including the cost of
"welfare to work" programs |
10 | | implemented by businesses located within the
redevelopment |
11 | | project area;
|
12 | | (6) Financing costs, including but not limited to all |
13 | | necessary and
incidental expenses related to the issuance |
14 | | of obligations and which may
include payment of interest |
15 | | on any obligations issued hereunder including
interest |
16 | | accruing
during the estimated period of construction of |
17 | | any redevelopment project
for which such obligations are |
18 | | issued and for not exceeding 36 months
thereafter and |
19 | | including reasonable reserves related thereto;
|
20 | | (7) To the extent the municipality by written |
21 | | agreement accepts and
approves
the same, all or a portion |
22 | | of a taxing district's capital costs resulting
from the |
23 | | redevelopment project necessarily incurred or to be |
24 | | incurred within a
taxing district in
furtherance of the |
25 | | objectives of the redevelopment plan and project;
|
26 | | (7.5) For redevelopment project areas designated (or |
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1 | | redevelopment
project areas amended to add or increase the |
2 | | number of
tax-increment-financing assisted housing units) |
3 | | on or after November 1,
1999,
an elementary, secondary,
or |
4 | | unit school
district's increased costs attributable to |
5 | | assisted housing units located
within the
redevelopment |
6 | | project area for which the developer or redeveloper |
7 | | receives
financial assistance through an agreement with |
8 | | the municipality or because the
municipality incurs the |
9 | | cost of necessary infrastructure improvements within
the |
10 | | boundaries of the assisted housing sites necessary for the |
11 | | completion of
that housing
as authorized by this Act, and |
12 | | which costs shall be paid by the municipality
from the |
13 | | Special Tax Allocation Fund when the tax increment revenue |
14 | | is received
as a result of the assisted housing units and |
15 | | shall be calculated annually as
follows:
|
16 | | (A) for foundation districts, excluding any school |
17 | | district in a
municipality with a population in excess |
18 | | of 1,000,000, by multiplying the
district's increase |
19 | | in attendance resulting from the net increase in new
|
20 | | students enrolled in that school district who reside |
21 | | in housing units within
the redevelopment project area |
22 | | that have received financial assistance through
an |
23 | | agreement with the municipality or because the |
24 | | municipality incurs the cost
of necessary |
25 | | infrastructure improvements within the boundaries of |
26 | | the housing
sites necessary for the completion of that |
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1 | | housing as authorized by this Act
since the |
2 | | designation of the redevelopment project area by the |
3 | | most recently
available per capita tuition cost as |
4 | | defined in Section 10-20.12a of the School
Code less |
5 | | any increase in general State aid as defined in |
6 | | Section 18-8.05 of
the School Code or evidence-based |
7 | | funding as defined in Section 18-8.15 of the School |
8 | | Code attributable to these added new students subject |
9 | | to the
following annual limitations:
|
10 | | (i) for unit school districts with a district |
11 | | average 1995-96 Per
Capita
Tuition Charge of less |
12 | | than $5,900, no more than 25% of the total amount |
13 | | of
property tax increment revenue produced by |
14 | | those housing units that have
received tax |
15 | | increment finance assistance under this Act;
|
16 | | (ii) for elementary school districts with a |
17 | | district average 1995-96
Per
Capita Tuition Charge |
18 | | of less than $5,900, no more than 17% of the total |
19 | | amount
of property tax increment revenue produced |
20 | | by those housing units that have
received tax |
21 | | increment finance assistance under this Act; and
|
22 | | (iii) for secondary school districts with a |
23 | | district average 1995-96
Per
Capita Tuition Charge |
24 | | of less than $5,900, no more than 8% of the total |
25 | | amount
of property tax increment revenue produced |
26 | | by those housing units that have
received tax |
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1 | | increment finance assistance under this Act.
|
2 | | (B) For alternate method districts, flat grant |
3 | | districts, and foundation
districts with a district |
4 | | average 1995-96 Per Capita Tuition Charge equal to or
|
5 | | more than $5,900, excluding any school district with a |
6 | | population in excess of
1,000,000, by multiplying the |
7 | | district's increase in attendance
resulting
from the |
8 | | net increase in new students enrolled in that school |
9 | | district who
reside in
housing units within the |
10 | | redevelopment project area that have received
|
11 | | financial assistance through an agreement with the |
12 | | municipality or because the
municipality incurs the |
13 | | cost of necessary infrastructure improvements within
|
14 | | the boundaries of the housing sites necessary for the |
15 | | completion of that
housing as authorized by this Act |
16 | | since the designation of the redevelopment
project |
17 | | area by the most recently available per capita tuition |
18 | | cost as defined
in Section 10-20.12a of the School |
19 | | Code less any increase in general state aid
as defined |
20 | | in Section 18-8.05 of the School Code or |
21 | | evidence-based funding as defined in Section 18-8.15 |
22 | | of the School Code attributable to these added
new |
23 | | students subject to the following annual limitations:
|
24 | | (i) for unit school districts, no more than |
25 | | 40% of the total amount of
property tax increment |
26 | | revenue produced by those housing units that have
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1 | | received tax increment finance assistance under |
2 | | this Act;
|
3 | | (ii) for elementary school districts, no more |
4 | | than 27% of the total
amount
of property tax |
5 | | increment revenue produced by those housing units |
6 | | that have
received tax increment finance |
7 | | assistance under this Act; and
|
8 | | (iii) for secondary school districts, no more |
9 | | than 13% of the total
amount
of property tax |
10 | | increment revenue produced by those housing units |
11 | | that have
received tax increment finance |
12 | | assistance under this Act.
|
13 | | (C) For any school district in a municipality with |
14 | | a population in
excess of
1,000,000, the following |
15 | | restrictions shall apply to the
reimbursement of |
16 | | increased costs under this paragraph (7.5):
|
17 | | (i) no increased costs shall be reimbursed |
18 | | unless the school district
certifies that each of |
19 | | the schools affected by the assisted housing |
20 | | project
is at or over its student capacity;
|
21 | | (ii) the amount reimbursable shall be reduced |
22 | | by the value of any
land
donated to the school |
23 | | district by the municipality or developer, and by |
24 | | the
value of any physical improvements made to the |
25 | | schools by the
municipality or developer; and
|
26 | | (iii) the amount reimbursed may not affect |
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1 | | amounts otherwise obligated
by
the terms of any |
2 | | bonds, notes, or other funding instruments, or the |
3 | | terms of
any redevelopment agreement.
|
4 | | Any school district seeking payment under this |
5 | | paragraph (7.5) shall,
after July 1 and before |
6 | | September 30 of each year,
provide the municipality |
7 | | with reasonable evidence to support its claim for
|
8 | | reimbursement before the municipality shall be |
9 | | required to approve or make
the payment to the school |
10 | | district. If the school district fails to provide
the |
11 | | information during this period in any year, it shall |
12 | | forfeit any claim to
reimbursement for that year. |
13 | | School districts may adopt a resolution
waiving the |
14 | | right to all or a portion of the reimbursement |
15 | | otherwise required
by this paragraph
(7.5). By |
16 | | acceptance of this reimbursement the school
district |
17 | | waives the right to directly or indirectly set aside, |
18 | | modify, or
contest in any manner the establishment of |
19 | | the redevelopment project area or
projects;
|
20 | | (7.7) For redevelopment project areas designated (or |
21 | | redevelopment
project areas amended to add or increase the |
22 | | number of
tax-increment-financing assisted housing units) |
23 | | on or after
January 1, 2005 (the effective date of Public |
24 | | Act 93-961),
a public library
district's increased costs |
25 | | attributable to assisted housing units located
within the
|
26 | | redevelopment project area for which the developer or |
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1 | | redeveloper receives
financial assistance through an |
2 | | agreement with the municipality or because the
|
3 | | municipality incurs the cost of necessary infrastructure |
4 | | improvements within
the boundaries of the assisted housing |
5 | | sites necessary for the completion of
that housing
as |
6 | | authorized by this Act shall be paid to the library |
7 | | district by the
municipality
from the Special Tax |
8 | | Allocation Fund when the tax increment revenue is received
|
9 | | as a result of the assisted housing units. This paragraph |
10 | | (7.7) applies only if (i) the library district is located |
11 | | in a county that is subject to the Property Tax Extension |
12 | | Limitation Law or (ii) the library district is not located |
13 | | in a county that is subject to the Property Tax Extension |
14 | | Limitation Law but the district is prohibited by any other |
15 | | law from increasing its tax levy rate without a prior |
16 | | voter referendum.
|
17 | | The amount paid to a library district under this |
18 | | paragraph (7.7) shall be
calculated
by multiplying (i) the |
19 | | net increase in the number of persons eligible to obtain
a
|
20 | | library card
in that district who reside in housing units |
21 | | within
the redevelopment project area that have received |
22 | | financial assistance through
an agreement with the |
23 | | municipality or because the municipality incurs the cost
|
24 | | of necessary infrastructure improvements within the |
25 | | boundaries of the housing
sites necessary for the |
26 | | completion of that housing as authorized by this Act
since |
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1 | | the designation of the redevelopment project area by (ii)
|
2 | | the per-patron cost of providing library services so long |
3 | | as it does not exceed $120.
The per-patron cost shall be |
4 | | the Total Operating Expenditures Per Capita for the |
5 | | library in the previous fiscal year.
The municipality may |
6 | | deduct from the amount that it must pay to a library |
7 | | district under this paragraph any amount that it has |
8 | | voluntarily paid to the library district from the tax |
9 | | increment revenue. The amount paid to a library district |
10 | | under this paragraph (7.7) shall be no
more
than 2% of the |
11 | | amount produced by the assisted housing units and |
12 | | deposited into the Special Tax Allocation Fund.
|
13 | | A library district is not eligible for any payment |
14 | | under this paragraph
(7.7)
unless the library district has |
15 | | experienced an increase in the
number of patrons from the |
16 | | municipality that created the tax-increment-financing |
17 | | district since the designation of the redevelopment |
18 | | project area.
|
19 | | Any library district seeking payment under this |
20 | | paragraph (7.7) shall,
after July 1 and before September |
21 | | 30 of each year,
provide the municipality with convincing |
22 | | evidence to support its claim for
reimbursement before the |
23 | | municipality shall be required to approve or make
the |
24 | | payment to the library district. If the library district |
25 | | fails to provide
the information during this period in any |
26 | | year, it shall forfeit any claim to
reimbursement for that |
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1 | | year. Library districts may adopt a resolution
waiving the |
2 | | right to all or a portion of the reimbursement otherwise |
3 | | required by this paragraph (7.7). By acceptance of such |
4 | | reimbursement, the library district shall forfeit any |
5 | | right to directly or indirectly set aside, modify, or |
6 | | contest in any manner whatsoever the establishment of the |
7 | | redevelopment project area or
projects; |
8 | | (8) Relocation costs to the extent that a municipality |
9 | | determines that
relocation costs shall be paid or is |
10 | | required to make payment of relocation
costs by federal or |
11 | | State law or in order to satisfy subparagraph (7) of
|
12 | | subsection (n);
|
13 | | (9) Payment in lieu of taxes;
|
14 | | (10) Costs of job training, retraining, advanced |
15 | | vocational education
or career
education, including but |
16 | | not limited to courses in occupational,
semi-technical or |
17 | | technical fields leading directly to employment, incurred
|
18 | | by one or more taxing districts, provided that such costs |
19 | | (i) are related
to the establishment and maintenance of |
20 | | additional job training, advanced
vocational education or |
21 | | career education programs for persons employed or
to be |
22 | | employed by employers located in a redevelopment project |
23 | | area; and
(ii) when incurred by a taxing district or |
24 | | taxing districts other than the
municipality, are set |
25 | | forth in a written agreement by or among the
municipality |
26 | | and the taxing district or taxing districts, which |
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1 | | agreement
describes the program to be undertaken, |
2 | | including but not limited to the
number of employees to be |
3 | | trained, a description of the training and
services to be |
4 | | provided, the number and type of positions available or to
|
5 | | be available, itemized costs of the program and sources of |
6 | | funds to pay for the
same, and the term of the agreement. |
7 | | Such costs include, specifically, the
payment by community |
8 | | college districts of costs pursuant to Sections 3-37,
|
9 | | 3-38, 3-40 and 3-40.1 of the Public Community College Act |
10 | | and by school
districts of costs pursuant to Sections |
11 | | 10-22.20a and 10-23.3a of the School
Code;
|
12 | | (11) Interest cost incurred by a redeveloper related |
13 | | to the
construction, renovation or rehabilitation of a |
14 | | redevelopment project
provided that:
|
15 | | (A) such costs are to be paid directly from the |
16 | | special tax
allocation fund established pursuant to |
17 | | this Act;
|
18 | | (B) such payments in any one year may not exceed |
19 | | 30% of the annual
interest costs incurred by the |
20 | | redeveloper with regard to the redevelopment
project |
21 | | during that year;
|
22 | | (C) if there are not sufficient funds available in |
23 | | the special tax
allocation fund to make the payment |
24 | | pursuant to this paragraph (11) then
the amounts so |
25 | | due shall accrue and be payable when sufficient funds |
26 | | are
available in the special tax allocation fund;
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1 | | (D) the total of such interest payments paid |
2 | | pursuant to this Act
may not exceed 30% of the total |
3 | | (i) cost paid or incurred by the
redeveloper for the |
4 | | redevelopment project plus (ii) redevelopment project
|
5 | | costs excluding any property assembly costs and any |
6 | | relocation costs
incurred by a municipality pursuant |
7 | | to this Act;
|
8 | | (E) the cost limits set forth in subparagraphs (B) |
9 | | and (D) of
paragraph (11) shall be modified for the |
10 | | financing of rehabilitated or
new housing units for |
11 | | low-income households and very low-income households, |
12 | | as
defined in
Section 3 of the Illinois Affordable |
13 | | Housing Act. The percentage of
75% shall be |
14 | | substituted for 30% in subparagraphs (B) and (D) of
|
15 | | paragraph (11); and
|
16 | | (F) instead of the eligible costs provided by |
17 | | subparagraphs (B) and (D)
of
paragraph (11), as |
18 | | modified by this subparagraph, and notwithstanding
any |
19 | | other provisions of this Act to the contrary, the |
20 | | municipality may
pay from tax increment revenues up to |
21 | | 50% of the cost of construction
of new housing units to |
22 | | be occupied by low-income households and very
|
23 | | low-income
households as defined in Section 3 of the |
24 | | Illinois Affordable Housing
Act. The cost of |
25 | | construction of those units may be derived from the
|
26 | | proceeds of bonds issued by the municipality under |
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1 | | this Act or
other constitutional or statutory |
2 | | authority or from other sources of
municipal revenue |
3 | | that may be reimbursed from tax increment
revenues or |
4 | | the proceeds of bonds issued to finance the |
5 | | construction
of that housing.
|
6 | | The eligible costs provided under this |
7 | | subparagraph (F) of paragraph (11)
shall
be
an |
8 | | eligible cost for the construction, renovation, and |
9 | | rehabilitation of all
low and very low-income housing |
10 | | units, as defined in Section 3 of the Illinois
|
11 | | Affordable Housing Act, within the redevelopment |
12 | | project area. If the low and
very
low-income units are |
13 | | part of a residential redevelopment project that |
14 | | includes
units not affordable to low and very |
15 | | low-income households, only the low and
very |
16 | | low-income units shall be eligible for benefits under |
17 | | this subparagraph (F) of
paragraph (11).
The standards |
18 | | for maintaining the occupancy
by low-income households |
19 | | and very low-income households,
as
defined in Section |
20 | | 3 of the Illinois Affordable Housing Act,
of those |
21 | | units constructed with eligible costs made available |
22 | | under the
provisions of
this subparagraph (F) of |
23 | | paragraph (11)
shall be
established by guidelines |
24 | | adopted by the municipality. The
responsibility for |
25 | | annually documenting the initial occupancy of
the |
26 | | units by low-income households and very low-income |
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1 | | households, as defined
in
Section 3
of the Illinois |
2 | | Affordable Housing Act, shall be that of the then |
3 | | current
owner of the property.
For ownership units, |
4 | | the guidelines will provide, at a minimum, for a
|
5 | | reasonable recapture of funds, or other appropriate |
6 | | methods designed to
preserve the original |
7 | | affordability of the ownership units. For rental |
8 | | units,
the guidelines will provide, at a minimum, for |
9 | | the affordability of rent to low
and very low-income |
10 | | households. As units become available, they shall be
|
11 | | rented to income-eligible tenants.
The municipality |
12 | | may modify these
guidelines from time to time; the |
13 | | guidelines, however, shall be in effect
for as long as |
14 | | tax increment revenue is being used to pay for costs
|
15 | | associated with the units or for the retirement of |
16 | | bonds issued to finance
the units or for the life of |
17 | | the redevelopment project area, whichever is
later;
|
18 | | (11.5) If the redevelopment project area is located |
19 | | within a municipality
with a population of more than |
20 | | 100,000, the cost of day care services for
children of |
21 | | employees from
low-income
families working for businesses |
22 | | located within the redevelopment project area
and all or a
|
23 | | portion of the cost of operation of day care centers |
24 | | established by
redevelopment project
area businesses to |
25 | | serve employees from low-income families working in
|
26 | | businesses
located in the redevelopment project area. For |
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1 | | the purposes of this paragraph,
"low-income families" |
2 | | means families whose annual income does not exceed 80% of
|
3 | | the
municipal, county, or regional median income, adjusted |
4 | | for family size, as the
annual
income and municipal, |
5 | | county, or regional median income are determined from
time |
6 | | to
time by the United States Department of Housing and |
7 | | Urban Development.
|
8 | | (12) Costs relating to the development of urban |
9 | | agricultural areas under Division 15.2 of the Illinois |
10 | | Municipal Code. |
11 | | Unless explicitly stated herein the cost of construction |
12 | | of new
privately-owned buildings shall not be an eligible |
13 | | redevelopment project cost.
|
14 | | After November 1, 1999 (the effective date of Public Act
|
15 | | 91-478), none of
the
redevelopment project costs enumerated in |
16 | | this subsection shall be eligible
redevelopment project costs |
17 | | if those costs would provide direct financial
support to a
|
18 | | retail entity initiating operations in the
redevelopment |
19 | | project area while
terminating operations at another Illinois |
20 | | location within 10 miles of the
redevelopment project area but |
21 | | outside the boundaries of the redevelopment
project area |
22 | | municipality. For
purposes of this paragraph, termination |
23 | | means a
closing of a retail operation that is directly related |
24 | | to the opening of the
same operation or like retail entity |
25 | | owned or operated by more than 50% of the
original ownership in |
26 | | a redevelopment project area, but
it does not mean
closing an |
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1 | | operation for reasons beyond the control of the
retail entity, |
2 | | as
documented by the retail entity, subject to a reasonable |
3 | | finding by the
municipality that the current location |
4 | | contained inadequate space, had become
economically obsolete, |
5 | | or was no longer a viable location for the retailer or
|
6 | | serviceman.
|
7 | | No cost shall be a redevelopment project cost in a |
8 | | redevelopment project area if used to demolish, remove, or |
9 | | substantially modify a historic resource, after August 26, |
10 | | 2008 (the effective date of Public Act 95-934), unless no |
11 | | prudent and feasible alternative exists. "Historic resource" |
12 | | for the purpose of this paragraph means (i) a place or |
13 | | structure that is included or eligible for inclusion on the |
14 | | National Register of Historic Places or (ii) a contributing |
15 | | structure in a district on the National Register of Historic |
16 | | Places. This paragraph does not apply to a place or structure |
17 | | for which demolition, removal, or modification is subject to |
18 | | review by the preservation agency of a Certified Local |
19 | | Government designated as such by the National Park Service of |
20 | | the United States Department of the Interior. |
21 | | If a special service area has been established pursuant to
|
22 | | the Special Service Area Tax Act or Special Service Area Tax |
23 | | Law, then any
tax increment revenues derived
from the tax |
24 | | imposed pursuant to the Special Service Area Tax Act or |
25 | | Special
Service Area Tax Law may
be used within the |
26 | | redevelopment project area for the purposes permitted by
that |
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1 | | Act or Law as well as the purposes permitted by this Act.
|
2 | | (q-1) For redevelopment project areas created pursuant to |
3 | | subsection (p-1), redevelopment project costs are limited to |
4 | | those costs in paragraph (q) that are related to the existing |
5 | | or proposed Regional Transportation Authority Suburban Transit |
6 | | Access Route (STAR Line) station. |
7 | | (q-2) For a redevelopment project area located within a |
8 | | transit facility improvement area established pursuant to |
9 | | Section 11-74.4-3.3, redevelopment project costs means those |
10 | | costs described in subsection (q) that are related to the |
11 | | construction, reconstruction, rehabilitation, remodeling, or |
12 | | repair of any existing or proposed transit facility. |
13 | | (r) "State Sales Tax Boundary" means the redevelopment |
14 | | project area or
the amended redevelopment project area |
15 | | boundaries which are determined
pursuant to subsection (9) of |
16 | | Section 11-74.4-8a of this
Act. The Department of Revenue |
17 | | shall certify pursuant to subsection (9) of
Section 11-74.4-8a |
18 | | the appropriate boundaries eligible for the
determination of |
19 | | State Sales Tax Increment.
|
20 | | (s) "State Sales Tax Increment" means an amount equal to |
21 | | the increase
in the aggregate amount of taxes paid by |
22 | | retailers and servicemen, other
than retailers and servicemen |
23 | | subject to the Public Utilities Act,
on transactions at places |
24 | | of business located within a State Sales Tax
Boundary pursuant |
25 | | to the Retailers' Occupation Tax Act, the Use Tax Act,
the |
26 | | Service Use Tax Act, and the Service Occupation Tax Act, |
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1 | | except such
portion of such increase that is paid into the |
2 | | State and Local Sales Tax
Reform Fund, the Local Government |
3 | | Distributive Fund, the Local
Government Tax Fund and the |
4 | | County and Mass Transit District Fund, for as
long as State |
5 | | participation exists, over and above the Initial Sales Tax
|
6 | | Amounts, Adjusted Initial Sales Tax Amounts or the Revised |
7 | | Initial Sales
Tax Amounts for such taxes as certified by the |
8 | | Department of Revenue and
paid under those Acts by retailers |
9 | | and servicemen on transactions at places
of business located |
10 | | within the State Sales Tax Boundary during the base
year which |
11 | | shall be the calendar year immediately prior to the year in
|
12 | | which the municipality adopted tax increment allocation |
13 | | financing, less
3.0% of such amounts generated under the |
14 | | Retailers' Occupation Tax Act, Use
Tax Act and Service Use Tax |
15 | | Act and the Service Occupation Tax Act, which
sum shall be |
16 | | appropriated to the Department of Revenue to cover its costs
|
17 | | of administering and enforcing this Section. For purposes of |
18 | | computing the
aggregate amount of such taxes for base years |
19 | | occurring prior to 1985, the
Department of Revenue shall |
20 | | compute the Initial Sales Tax Amount for such
taxes and deduct |
21 | | therefrom an amount equal to 4% of the aggregate amount of
|
22 | | taxes per year for each year the base year is prior to 1985, |
23 | | but not to
exceed a total deduction of 12%. The amount so |
24 | | determined shall be known
as the "Adjusted Initial Sales Tax |
25 | | Amount". For purposes of determining the
State Sales Tax |
26 | | Increment the Department of Revenue shall for each period
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1 | | subtract from the tax amounts received from retailers and |
2 | | servicemen on
transactions located in the State Sales Tax |
3 | | Boundary, the certified Initial
Sales Tax Amounts, Adjusted |
4 | | Initial Sales Tax Amounts or Revised Initial
Sales Tax Amounts |
5 | | for the Retailers' Occupation Tax Act, the Use Tax Act,
the |
6 | | Service Use Tax Act and the Service Occupation Tax Act. For the |
7 | | State
Fiscal Year 1989 this calculation shall be made by |
8 | | utilizing the calendar
year 1987 to determine the tax amounts |
9 | | received. For the State Fiscal Year
1990, this calculation |
10 | | shall be made by utilizing the period from January
1, 1988, |
11 | | until September 30, 1988, to determine the tax amounts |
12 | | received
from retailers and servicemen, which shall have |
13 | | deducted therefrom
nine-twelfths of the certified Initial |
14 | | Sales Tax Amounts, Adjusted Initial
Sales Tax Amounts or the |
15 | | Revised Initial Sales Tax Amounts as appropriate.
For the |
16 | | State Fiscal Year 1991, this calculation shall be made by |
17 | | utilizing
the period from October 1, 1988, until June 30, |
18 | | 1989, to determine the tax
amounts received from retailers and |
19 | | servicemen, which shall have
deducted therefrom nine-twelfths |
20 | | of the certified Initial State Sales Tax
Amounts, Adjusted |
21 | | Initial Sales Tax Amounts or the Revised Initial Sales
Tax |
22 | | Amounts as appropriate. For every State Fiscal Year |
23 | | thereafter, the
applicable period shall be the 12 months |
24 | | beginning July 1 and ending on
June 30, to determine the tax |
25 | | amounts received which shall have deducted
therefrom the |
26 | | certified Initial Sales Tax Amounts, Adjusted Initial Sales
|
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1 | | Tax Amounts or the Revised Initial Sales Tax Amounts. |
2 | | Municipalities
intending to receive a distribution of State |
3 | | Sales Tax Increment must
report a list of retailers to the |
4 | | Department of Revenue by October 31, 1988
and by July 31, of |
5 | | each year thereafter.
|
6 | | (t) "Taxing districts" means counties, townships, cities |
7 | | and incorporated
towns and villages, school, road, park, |
8 | | sanitary, mosquito abatement, forest
preserve, public health, |
9 | | fire protection, river conservancy, tuberculosis
sanitarium |
10 | | and any other municipal corporations or districts with the |
11 | | power
to levy taxes.
|
12 | | (u) "Taxing districts' capital costs" means those costs of |
13 | | taxing districts
for capital improvements that are found by |
14 | | the municipal corporate authorities
to be necessary and |
15 | | directly result from the redevelopment project.
|
16 | | (v) As used in subsection (a) of Section 11-74.4-3 of this
|
17 | | Act, "vacant
land" means any parcel or combination of parcels |
18 | | of real property without
industrial, commercial, and |
19 | | residential buildings which has not been used
for commercial |
20 | | agricultural purposes within 5 years prior to the
designation |
21 | | of the redevelopment project area, unless the parcel
is |
22 | | included in an industrial park conservation area or the parcel |
23 | | has
been subdivided; provided that if the parcel was part of a |
24 | | larger tract that
has been divided into 3 or more smaller |
25 | | tracts that were accepted for
recording during the period from |
26 | | 1950 to 1990, then the parcel shall be deemed
to have been |
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1 | | subdivided, and all proceedings and actions of the |
2 | | municipality
taken in that connection with respect to any |
3 | | previously approved or designated
redevelopment project area |
4 | | or amended redevelopment project area are hereby
validated and |
5 | | hereby declared to be legally sufficient for all purposes of |
6 | | this
Act.
For purposes of this Section and only for land |
7 | | subject to
the subdivision requirements of the Plat Act, land |
8 | | is subdivided when the
original plat of
the proposed |
9 | | Redevelopment Project Area or relevant portion thereof has
|
10 | | been
properly certified, acknowledged, approved, and recorded |
11 | | or filed in accordance
with the Plat Act and a preliminary |
12 | | plat, if any, for any subsequent phases of
the
proposed |
13 | | Redevelopment Project Area or relevant portion thereof has |
14 | | been
properly approved and filed in accordance with the |
15 | | applicable ordinance of the
municipality.
|
16 | | (w) "Annual Total Increment" means the sum of each |
17 | | municipality's
annual Net Sales Tax Increment and each |
18 | | municipality's annual Net Utility
Tax Increment. The ratio of |
19 | | the Annual Total Increment of each
municipality to the Annual |
20 | | Total Increment for all municipalities, as most
recently |
21 | | calculated by the Department, shall determine the proportional
|
22 | | shares of the Illinois Tax Increment Fund to be distributed to |
23 | | each
municipality.
|
24 | | (x) "LEED certified" means any certification level of |
25 | | construction elements by a qualified Leadership in Energy and |
26 | | Environmental Design Accredited Professional as determined by |
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1 | | the U.S. Green Building Council. |
2 | | (y) "Green Globes certified" means any certification level |
3 | | of construction elements by a qualified Green Globes |
4 | | Professional as determined by the Green Building Initiative. |
5 | | (Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17; |
6 | | 100-465, eff. 8-31-17; 100-1133, eff. 1-1-19.)
|
7 | | (65 ILCS 5/11-74.6-10)
|
8 | | Sec. 11-74.6-10. Definitions.
|
9 | | (a) "Environmentally contaminated area" means any improved |
10 | | or vacant area
within
the boundaries
of a redevelopment |
11 | | project area located within the corporate limits of
a |
12 | | municipality when,
(i) there has been a determination of |
13 | | release or substantial threat of release
of
a hazardous |
14 | | substance or pesticide, by the United States Environmental
|
15 | | Protection Agency or the Illinois Environmental Protection |
16 | | Agency, or the
Illinois Pollution Control Board, or any court, |
17 | | or a release or substantial
threat of release which is |
18 | | addressed as part of the Pre-Notice Site Cleanup
Program under |
19 | | Section 22.2(m) of the Illinois Environmental Protection Act, |
20 | | or
a release or substantial threat of release of petroleum |
21 | | under Section 22.12 of
the Illinois Environmental Protection |
22 | | Act, and (ii) which release or threat of
release presents an |
23 | | imminent and substantial danger to public health or welfare
or |
24 | | presents a significant threat to public health or the |
25 | | environment, and (iii)
which release or threat of release |
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1 | | would have a significant impact on the cost
of redeveloping |
2 | | the area.
|
3 | | (b) "Department" means the Department of Commerce and |
4 | | Economic Opportunity.
|
5 | | (c) "Industrial park" means an area in a redevelopment |
6 | | project
area suitable for use by any manufacturing, |
7 | | industrial, research, or
transportation enterprise, of |
8 | | facilities, including but not limited to
factories, mills, |
9 | | processing plants, assembly plants, packing plants,
|
10 | | fabricating plants, distribution centers, warehouses, repair
|
11 | | overhaul or service facilities, freight terminals, research |
12 | | facilities,
test facilities or railroad facilities. An |
13 | | industrial park may contain
space for commercial and other use |
14 | | as long as the expected principal use of the
park is
industrial |
15 | | and
is reasonably expected to result in the creation of a |
16 | | significant number of new
permanent full time jobs. An
|
17 | | industrial park may also contain related operations and |
18 | | facilities including,
but not
limited to, business and office |
19 | | support services such as centralized
computers, |
20 | | telecommunications, publishing, accounting, photocopying and
|
21 | | similar activities and employee services such as child care, |
22 | | health care,
food service and similar activities. An |
23 | | industrial park may also include
demonstration projects, |
24 | | prototype development, specialized training on
developing |
25 | | technology, and pure research in any field related or |
26 | | adaptable
to business and industry.
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1 | | (d) "Research park" means an area in a redevelopment |
2 | | project area
suitable for development of a facility or complex |
3 | | that includes
research laboratories and related operations. |
4 | | These related operations may
include, but are not limited to, |
5 | | business and office support services
such as centralized |
6 | | computers, telecommunications, publishing,
accounting, |
7 | | photocopying and similar activities, and employee services
|
8 | | such as child care, health care, food service and similar |
9 | | activities.
A research park may include demonstration |
10 | | projects, prototype development,
specialized training on |
11 | | developing technology, and pure research
in any field related |
12 | | or adaptable to business and industry.
|
13 | | (e) "Industrial park conservation area" means an area |
14 | | within the
boundaries of a redevelopment project area located |
15 | | within the corporate
limits of a municipality or within 1 1/2 |
16 | | miles of the corporate limits of a
municipality if the area is |
17 | | to be annexed to the municipality, if the area is
zoned as |
18 | | industrial no later than the date on which the municipality by
|
19 | | ordinance designates the redevelopment project area, and if |
20 | | the area
includes improved or vacant land suitable for use as |
21 | | an industrial park or
a research park, or both. To be |
22 | | designated as an industrial park
conservation area, the area |
23 | | shall also satisfy one of the following standards:
|
24 | | (1) Standard One: The municipality must be a labor |
25 | | surplus municipality
and the area must be served by |
26 | | adequate public and or road transportation for
access by |
|
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1 | | the unemployed and for the movement of goods or materials |
2 | | and the
redevelopment project area shall contain no more |
3 | | than 2% of the most recently
ascertained equalized |
4 | | assessed value of all taxable real properties within the
|
5 | | corporate limits of the municipality after adjustment for |
6 | | all annexations
associated with the establishment of the |
7 | | redevelopment project area or be
located in the vicinity |
8 | | of a waste disposal site or other waste facility. The
|
9 | | project plan shall include a plan for and shall establish |
10 | | a
marketing program to attract appropriate businesses to |
11 | | the proposed industrial
park conservation area and shall |
12 | | include an adequate plan for financing and
construction of |
13 | | the necessary infrastructure. No redevelopment projects |
14 | | may be
authorized by the municipality under Standard One |
15 | | of subsection (e) of this
Section unless the project plan |
16 | | also provides for an employment training
project that |
17 | | would prepare unemployed workers for work in the |
18 | | industrial park
conservation area, and the project has |
19 | | been approved by official action of or
is to be operated by |
20 | | the local community college district, public school
|
21 | | district or state or locally designated private
industry |
22 | | council or successor agency, or
|
23 | | (2) Standard Two: The municipality must be a |
24 | | substantial labor surplus
municipality and the area must |
25 | | be served by adequate public and or road
transportation |
26 | | for
access by the unemployed and for the movement of goods |
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1 | | or materials
and the
redevelopment project area shall |
2 | | contain no more than 2% of the most
recently ascertained |
3 | | equalized assessed value of all taxable real properties
|
4 | | within the
corporate limits of the municipality after |
5 | | adjustment for all annexations
associated with the |
6 | | establishment of the redevelopment project area.
No
|
7 | | redevelopment projects may be authorized by the |
8 | | municipality under Standard
Two of subsection (e) of this |
9 | | Section unless the project plan
also provides for an |
10 | | employment training project that would prepare
unemployed |
11 | | workers for work in the industrial park conservation area, |
12 | | and the
project has been approved by official action of or |
13 | | is to be operated by the
local community college district,
|
14 | | public school district or state or locally designated |
15 | | private industry
council or successor agency.
|
16 | | (f) "Vacant industrial buildings conservation area" means |
17 | | an area containing
one or more industrial buildings located |
18 | | within the corporate limits of the
municipality that has been |
19 | | zoned industrial for at least 5 years before the
designation |
20 | | of that area as a redevelopment project area by the
|
21 | | municipality and is planned for reuse principally for |
22 | | industrial purposes.
For the area to be designated as a vacant |
23 | | industrial buildings conservation
area, the area shall also |
24 | | satisfy one of the following standards:
|
25 | | (1) Standard One: The area shall consist of one or |
26 | | more industrial
buildings totaling at least 50,000 net |
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1 | | square feet of industrial space, with
a majority of the |
2 | | total area of all the buildings having been vacant for at
|
3 | | least 18 months; and (A) the area is located in a labor |
4 | | surplus
municipality or a substantial labor surplus |
5 | | municipality, or (B)
the equalized assessed
value of the |
6 | | properties within the area during the last 2 years is at |
7 | | least
25% lower than the maximum equalized assessed value |
8 | | of those properties
during the immediately preceding 10 |
9 | | years.
|
10 | | (2) Standard Two: The area exclusively consists of |
11 | | industrial
buildings or a building complex operated by a |
12 | | user or related users (A) that
has within the immediately |
13 | | preceding 5 years either (i) employed 200 or more
|
14 | | employees at that location, or (ii) if the area is located |
15 | | in a municipality
with a population of 12,000 or less, |
16 | | employed more than 50 employees at that
location and (B) |
17 | | either is currently vacant, or the owner has: (i) directly
|
18 | | notified the municipality of the user's intention to |
19 | | terminate operations at
the facility or (ii) filed a |
20 | | notice of closure under the Worker Adjustment and
|
21 | | Retraining Notification Act.
|
22 | | (g) "Labor surplus municipality" means a municipality in |
23 | | which,
during the 4 calendar years immediately preceding the |
24 | | date
the municipality by
ordinance designates an industrial |
25 | | park conservation area, the average
unemployment rate was 1% |
26 | | or more over the State average
unemployment
rate for
that same |
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1 | | period of time as published in the United States Department of
|
2 | | Labor Bureau of Labor Statistics publication entitled "The |
3 | | Employment
Situation" or its successor publication. For the |
4 | | purpose of this
subsection (g), if unemployment rate |
5 | | statistics for the municipality are
not available, the |
6 | | unemployment rate in the municipality shall be deemed to
be: |
7 | | (i) for a municipality that is not in an urban county, the same |
8 | | as the
unemployment rate in the principal county where the |
9 | | municipality is located or
(ii) for a municipality in an urban |
10 | | county at that municipality's option,
either the unemployment |
11 | | rate certified for the municipality by the Department
after |
12 | | consultation with the Illinois
Department of Labor or the |
13 | | federal Bureau of Labor Statistics, or the
unemployment rate |
14 | | of the municipality as determined by the most recent federal
|
15 | | census if that census was not dated more than 5 years prior to |
16 | | the date on
which the determination is made.
|
17 | | (h) "Substantial labor surplus municipality" means a |
18 | | municipality in
which, during the 5 calendar years immediately |
19 | | preceding the date the
municipality by
ordinance
designates an |
20 | | industrial park conservation area, the average unemployment |
21 | | rate
was 2% or more over the State average unemployment rate |
22 | | for
that
same period of time as published in the United States |
23 | | Department of Labor
Statistics publication entitled "The |
24 | | Employment Situation" or its successor
publication. For the |
25 | | purpose of this subsection (h), if unemployment rate
|
26 | | statistics for the municipality are not available, the |
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1 | | unemployment rate in the
municipality shall be deemed to be: |
2 | | (i) for a municipality that is not in an
urban county, the same |
3 | | as the unemployment rate in the principal county in
which the |
4 | | municipality is located; or (ii) for a municipality in an |
5 | | urban
county, at that municipality's option, either the |
6 | | unemployment rate certified
for the municipality by the |
7 | | Department after
consultation with the Illinois Department of |
8 | | Labor or the federal Bureau of
Labor Statistics, or the |
9 | | unemployment rate of the municipality as determined by
the |
10 | | most recent federal census if that census was not dated more |
11 | | than 5 years
prior to the date on which the determination is |
12 | | made.
|
13 | | (i) "Municipality" means a city, village or incorporated |
14 | | town.
|
15 | | (j) "Obligations" means bonds, loans, debentures, notes, |
16 | | special
certificates or other evidence of indebtedness issued |
17 | | by the municipality
to carry out a redevelopment project or to |
18 | | refund outstanding obligations.
|
19 | | (k) "Payment in lieu of taxes" means those estimated tax |
20 | | revenues from
real property in a redevelopment project area |
21 | | derived from real property that
has been acquired by a |
22 | | municipality,
which according to the redevelopment project or |
23 | | plan are to be used for a
private use, that taxing districts |
24 | | would have received had a municipality
not acquired the real |
25 | | property and adopted tax increment allocation
financing and |
26 | | that would result from
levies made after the time of the |
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1 | | adoption of tax increment allocation
financing until the time |
2 | | the current equalized assessed value of real
property in the |
3 | | redevelopment project area exceeds the total initial
equalized |
4 | | assessed value of real property in that area.
|
5 | | (l) "Redevelopment plan" means the comprehensive program |
6 | | of the
municipality for development or redevelopment intended |
7 | | by the payment of
redevelopment project costs to reduce or |
8 | | eliminate the conditions that
qualified the redevelopment |
9 | | project area or redevelopment planning area, or
both, as an |
10 | | environmentally contaminated
area or industrial
park |
11 | | conservation area, or vacant industrial buildings
conservation |
12 | | area, or combination thereof, and thereby to enhance
the tax |
13 | | bases of the taxing districts that extend into the |
14 | | redevelopment
project area or redevelopment planning area.
On |
15 | | and after the effective date of this amendatory Act of the 91st |
16 | | General
Assembly, no
redevelopment plan may be approved or |
17 | | amended to include the development of
vacant land (i) with a |
18 | | golf course and related clubhouse and other facilities
or (ii) |
19 | | designated by federal, State, county, or municipal government |
20 | | as public
land for outdoor recreational activities or for |
21 | | nature preserves and used for
that purpose within 5
years |
22 | | prior to the adoption of the redevelopment plan. For the |
23 | | purpose of
this subsection, "recreational activities" is |
24 | | limited to mean camping and
hunting.
Each redevelopment plan |
25 | | must set forth in writing the
bases for the municipal findings |
26 | | required in this subsection, the
program to be undertaken to |
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1 | | accomplish the objectives, including
but not limited to: (1) |
2 | | an itemized list of estimated redevelopment project
costs,
(2) |
3 | | evidence indicating that the redevelopment project area or the
|
4 | | redevelopment planning area, or both, on the whole has
not
|
5 | | been subject to growth and development through investment by |
6 | | private
enterprise,
(3) (i) in the case of an environmentally |
7 | | contaminated area, industrial park
conservation
area, or a |
8 | | vacant industrial buildings conservation area classified under
|
9 | | either Standard One, or Standard Two of subsection (f) where |
10 | | the building is
currently vacant, evidence that implementation |
11 | | of the redevelopment plan is
reasonably expected to create a |
12 | | significant number of permanent full time jobs,
(ii) in
the |
13 | | case of a vacant industrial buildings conservation area |
14 | | classified under
Standard Two (B)(i) or (ii) of subsection |
15 | | (f), evidence that implementation of
the redevelopment plan is |
16 | | reasonably expected to retain a significant number of
existing |
17 | | permanent full time jobs, and (iii) in the case of a
|
18 | | combination of
an environmentally contaminated area, |
19 | | industrial park conservation area, or
vacant industrial
|
20 | | buildings conservation area, evidence that the standards |
21 | | concerning the
creation or retention of jobs for each area set |
22 | | forth in (i) or (ii)
above are met,
(4) an assessment of the |
23 | | financial impact of the redevelopment
project area or the |
24 | | redevelopment planning area, or both,
on
the overlapping |
25 | | taxing bodies or any increased demand for services from any
|
26 | | taxing district affected by the
plan and any program to |
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1 | | address such financial impact or increased demand, (5)
the |
2 | | sources of
funds to pay costs, (6) the nature and term of the |
3 | | obligations to be issued,
(7)
the most recent equalized |
4 | | assessed valuation of the redevelopment project
area or the |
5 | | redevelopment planning area, or both, (8) an estimate of the
|
6 | | equalized assessed valuation after redevelopment
and the |
7 | | general land uses that are applied in the redevelopment |
8 | | project area
or the redevelopment planning area, or both,
(9) |
9 | | a
commitment to fair employment practices and a positive |
10 | | action an affirmative action plan,
(10) if it includes an |
11 | | industrial park conservation area, the following: (i) a
|
12 | | general description of any proposed developer, (ii) user and |
13 | | tenant of any
property, (iii) a description of the type, |
14 | | structure and general character of
the facilities to be |
15 | | developed, and (iv) a description of the type, class and
|
16 | | number of new employees to be employed in the operation of the |
17 | | facilities to be
developed,
(11) if it includes an |
18 | | environmentally contaminated area, the following:
either (i) a |
19 | | determination of release or substantial threat of release of a
|
20 | | hazardous substance or pesticide or of petroleum by the United |
21 | | States
Environmental Protection Agency or the Illinois |
22 | | Environmental Protection
Agency, or the Illinois Pollution |
23 | | Control Board or any court; or (ii) both an
environmental |
24 | | audit report by a nationally recognized independent
|
25 | | environmental auditor having a reputation for expertise in |
26 | | these matters and a
copy of the signed Review and Evaluation |
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1 | | Services Agreement indicating
acceptance of the site by the |
2 | | Illinois Environmental Protection Agency into the
Pre-Notice |
3 | | Site Cleanup Program,
(12) if it includes a vacant industrial |
4 | | buildings conservation area, the
following: (i) a
general |
5 | | description of any proposed developer, (ii) user and tenant of |
6 | | any
building or buildings, (iii) a description of the type, |
7 | | structure and general
character of
the building or buildings |
8 | | to be developed, and (iv) a description of the type,
class and
|
9 | | number of new employees to be employed or existing employees |
10 | | to be retained in
the operation of the building or buildings to |
11 | | be
redeveloped,
and (13) if property is to be annexed to the |
12 | | municipality, the
terms
of the annexation agreement.
|
13 | | No redevelopment plan shall be adopted by a
municipality |
14 | | without findings that:
|
15 | | (1) the redevelopment project area or redevelopment |
16 | | planning area, or
both, on the whole has not been subject |
17 | | to
growth and development through investment by private |
18 | | enterprise and would
not reasonably be anticipated to be |
19 | | developed in accordance with public
goals stated in the |
20 | | redevelopment plan without the adoption of the
|
21 | | redevelopment plan;
|
22 | | (2) the redevelopment plan and project conform to the |
23 | | comprehensive plan
for the development of the municipality |
24 | | as a whole, or, for municipalities with
a population of |
25 | | 100,000 or more, regardless of when the redevelopment plan |
26 | | and
project was adopted, the redevelopment plan and |
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1 | | project either: (i) conforms
to the strategic economic |
2 | | development or redevelopment plan issued by the
designated
|
3 | | planning authority of the municipality or (ii) includes |
4 | | land uses that have
been approved by the planning |
5 | | commission of the municipality;
|
6 | | (3) that the redevelopment plan is reasonably expected |
7 | | to create or retain
a significant number of permanent full |
8 | | time jobs as set forth in paragraph
(3) of subsection (l) |
9 | | above;
|
10 | | (4) the estimated date of completion of the |
11 | | redevelopment project and
retirement of obligations |
12 | | incurred to finance redevelopment project costs
is not
|
13 | | later than December 31 of the year in which the payment to |
14 | | the municipal
treasurer as provided in subsection (b) of |
15 | | Section 11-74.6-35 is to
be made with respect to ad |
16 | | valorem taxes levied in the twenty-third
calendar year |
17 | | after the year in which the ordinance approving the
|
18 | | redevelopment project area is adopted;
a municipality may |
19 | | by municipal ordinance amend an existing redevelopment
|
20 | | plan to conform to this paragraph (4) as amended by this |
21 | | amendatory Act of
the 91st General Assembly concerning |
22 | | ordinances adopted on or after January 15,
1981, which
|
23 | | municipal ordinance may be adopted without further hearing |
24 | | or
notice and without complying with the procedures |
25 | | provided in this Law
pertaining to an amendment to or the |
26 | | initial approval of a redevelopment plan
and project and
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1 | | designation of a redevelopment project area;
|
2 | | (5) in the case of an industrial park conservation |
3 | | area, that the
municipality is a labor surplus |
4 | | municipality or a substantial labor surplus
municipality |
5 | | and that the implementation of
the redevelopment plan is |
6 | | reasonably expected to create a
significant number of |
7 | | permanent full time new jobs and, by
the provision of new |
8 | | facilities, significantly enhance the tax base of the
|
9 | | taxing
districts that extend into the redevelopment |
10 | | project area;
|
11 | | (6) in the case of an environmentally contaminated |
12 | | area, that the area
is
subject to a release or substantial |
13 | | threat of release of a hazardous substance,
pesticide or |
14 | | petroleum which presents an imminent and substantial |
15 | | danger to
public health or welfare or presents a |
16 | | significant threat to public health or
environment, that |
17 | | such release or threat of release will have a significant
|
18 | | impact on the cost of redeveloping the area, that the |
19 | | implementation of the
redevelopment plan is reasonably |
20 | | expected to result in the area being
redeveloped, the tax |
21 | | base of the affected taxing districts being significantly
|
22 | | enhanced thereby, and the creation of a significant number |
23 | | of permanent full
time jobs; and
|
24 | | (7) in the case of a vacant industrial buildings |
25 | | conservation
area, that
the area is located within the |
26 | | corporate limits of a municipality that has been
zoned |
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1 | | industrial for at least 5 years before its designation as |
2 | | a project
redeveloped area, that it contains one or more |
3 | | industrial buildings, and
whether the area has been |
4 | | designated under Standard One or Standard Two of
|
5 | | subsection (f) and the basis for that designation.
|
6 | | (m) "Redevelopment project" means any public or private |
7 | | development
project in furtherance of the objectives of a |
8 | | redevelopment plan.
On and after the effective date of this |
9 | | amendatory Act of the 91st General
Assembly, no
redevelopment |
10 | | plan may be approved or amended to include the development
of |
11 | | vacant land (i) with a golf course and related clubhouse and |
12 | | other
facilities
or (ii) designated by federal, State, county, |
13 | | or municipal government as public
land for outdoor |
14 | | recreational activities or for nature preserves and used for
|
15 | | that purpose within 5
years prior to the adoption of the |
16 | | redevelopment plan. For the purpose of
this subsection, |
17 | | "recreational activities" is limited to mean camping and
|
18 | | hunting.
|
19 | | (n) "Redevelopment project area" means a contiguous area
|
20 | | designated
by the municipality that is not less in the |
21 | | aggregate than 1 1/2 acres,
and for which the municipality has |
22 | | made a finding that there exist
conditions that cause the area |
23 | | to be classified as an industrial park
conservation area, a |
24 | | vacant industrial building conservation area,
an |
25 | | environmentally contaminated area or a combination of these
|
26 | | types of areas.
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1 | | (o) "Redevelopment project costs" means the sum total of |
2 | | all
reasonable or necessary costs incurred or estimated to be |
3 | | incurred by
the municipality, and
any of those costs |
4 | | incidental to a redevelopment plan and a redevelopment
|
5 | | project. These costs include, without limitation, the |
6 | | following:
|
7 | | (1) Costs of studies, surveys, development of plans, |
8 | | and
specifications, implementation and administration of |
9 | | the redevelopment
plan, staff and professional service |
10 | | costs for architectural, engineering,
legal, marketing, |
11 | | financial, planning, or other
services, but no charges for |
12 | | professional services may be based on a percentage
of the |
13 | | tax increment collected; except that on and
after
the |
14 | | effective date of this amendatory Act of the 91st General |
15 | | Assembly, no
contracts for
professional services, |
16 | | excluding architectural and engineering services, may be
|
17 | | entered into if the terms of the contract extend
beyond a |
18 | | period of 3 years. In addition, "redevelopment project |
19 | | costs" shall
not include lobbying expenses.
After |
20 | | consultation with the municipality, each tax
increment |
21 | | consultant or advisor to a municipality that plans to |
22 | | designate or
has designated a redevelopment project area |
23 | | shall inform the municipality in
writing of any contracts |
24 | | that the consultant or advisor has entered into with
|
25 | | entities or individuals that have received, or are |
26 | | receiving, payments financed
by tax
increment revenues |
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1 | | produced by the redevelopment project area with respect to
|
2 | | which the consultant or advisor has performed, or will be |
3 | | performing, service
for the
municipality. This requirement |
4 | | shall be satisfied by the consultant or advisor
before the |
5 | | commencement of services for the municipality and |
6 | | thereafter
whenever any other contracts with those |
7 | | individuals or entities are executed by
the consultant or |
8 | | advisor;
|
9 | | (1.5) After July 1, 1999, annual administrative costs |
10 | | shall
not include general overhead or
administrative costs |
11 | | of the municipality
that would still have been incurred by |
12 | | the municipality if the municipality had
not
designated a |
13 | | redevelopment project area or approved a redevelopment |
14 | | plan;
|
15 | | (1.6) The cost of
marketing sites within the |
16 | | redevelopment project area to prospective
businesses, |
17 | | developers, and investors.
|
18 | | (2) Property assembly costs within a redevelopment |
19 | | project
area, including but not limited to acquisition of |
20 | | land and other real or
personal property or rights or |
21 | | interests therein.
|
22 | | (3) Site preparation costs, including but not limited |
23 | | to clearance of
any area within a redevelopment project |
24 | | area by demolition or
removal of any existing buildings, |
25 | | structures, fixtures, utilities and
improvements and |
26 | | clearing and grading; and including installation, repair,
|
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1 | | construction, reconstruction, or relocation of public |
2 | | streets, public
utilities, and other public site |
3 | | improvements within or without a redevelopment
project |
4 | | area which are essential to the preparation of the
|
5 | | redevelopment project area for use in accordance with a |
6 | | redevelopment
plan.
|
7 | | (4) Costs of renovation, rehabilitation, |
8 | | reconstruction, relocation,
repair or remodeling of any |
9 | | existing public or private buildings, improvements,
and |
10 | | fixtures
within a redevelopment project area; and the cost |
11 | | of replacing
an existing public building if pursuant to |
12 | | the implementation of a
redevelopment project the existing |
13 | | public building is to be demolished to use
the site for |
14 | | private investment or
devoted to a different use requiring |
15 | | private investment.
|
16 | | (5) Costs of construction within a redevelopment |
17 | | project area of
public improvements, including but not |
18 | | limited to, buildings, structures,
works, utilities or |
19 | | fixtures, except
that on and after the effective date of |
20 | | this amendatory Act of the 91st General
Assembly,
|
21 | | redevelopment
project costs shall not include the cost of |
22 | | constructing a
new municipal public building principally |
23 | | used to provide
offices, storage space, or conference |
24 | | facilities or vehicle storage,
maintenance, or repair for |
25 | | administrative,
public safety, or public works personnel
|
26 | | and that is not intended to replace an existing
public |
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1 | | building as provided under paragraph (4)
unless either (i) |
2 | | the construction of the new municipal building
implements |
3 | | a redevelopment project that was included in a |
4 | | redevelopment plan
that was adopted by the municipality |
5 | | prior to the effective
date of this amendatory Act of the |
6 | | 91st General Assembly or (ii) the
municipality makes a |
7 | | reasonable
determination in the redevelopment plan, |
8 | | supported by information that provides
the basis for that |
9 | | determination, that the new municipal building is required
|
10 | | to meet an increase in the need for public safety purposes |
11 | | anticipated to
result from the implementation of the |
12 | | redevelopment plan.
|
13 | | (6) Costs of eliminating or removing contaminants and |
14 | | other impediments
required by federal or State |
15 | | environmental laws, rules, regulations, and
guidelines, |
16 | | orders or other requirements or those imposed by private |
17 | | lending
institutions as a condition for approval of their |
18 | | financial support, debt
or equity, for the redevelopment |
19 | | projects, provided, however, that in the event
(i) other |
20 | | federal or State funds have been certified by an |
21 | | administrative
agency as adequate to pay these costs |
22 | | during the 18 months after the adoption
of the |
23 | | redevelopment plan, or (ii) the municipality has been |
24 | | reimbursed for
such costs by persons legally responsible |
25 | | for them, such federal, State, or
private funds shall, |
26 | | insofar as possible, be fully expended prior to the use of
|
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1 | | any revenues
deposited in the special tax allocation fund |
2 | | of the municipality and any other
such federal, State or |
3 | | private funds received shall be deposited in the fund.
The |
4 | | municipality shall seek
reimbursement of these costs from |
5 | | persons legally responsible for these costs
and the costs |
6 | | of obtaining this reimbursement.
|
7 | | (7) Costs of job training and retraining projects.
|
8 | | (8) Financing costs, including but not limited to all |
9 | | necessary and
incidental expenses related to the issuance |
10 | | of obligations and which may
include payment of interest |
11 | | on any obligations issued under this Act
including |
12 | | interest accruing
during the estimated period of |
13 | | construction of any redevelopment project
for which the |
14 | | obligations are issued and for not exceeding 36 months
|
15 | | thereafter and including reasonable reserves related to |
16 | | those costs.
|
17 | | (9) All or a portion of a taxing district's capital |
18 | | costs resulting from
the redevelopment project necessarily |
19 | | incurred or to be incurred in furtherance
of the |
20 | | objectives of the redevelopment plan and project, to the |
21 | | extent the
municipality by written agreement accepts and |
22 | | approves those costs.
|
23 | | (10) Relocation costs to the extent that a |
24 | | municipality determines that
relocation costs shall be |
25 | | paid or is required to make payment of relocation
costs by |
26 | | federal or State law.
|
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1 | | (11) Payments in lieu of taxes.
|
2 | | (12) Costs of job training, retraining, advanced |
3 | | vocational education
or career
education, including but |
4 | | not limited to courses in occupational,
semi-technical or |
5 | | technical fields leading directly to employment, incurred
|
6 | | by one or more taxing districts, if those costs are: (i) |
7 | | related
to the establishment and maintenance of additional |
8 | | job training, advanced
vocational education or career |
9 | | education programs for persons employed or
to be employed |
10 | | by employers located in a redevelopment project area; and
|
11 | | (ii) are incurred by a taxing district or taxing districts |
12 | | other than the
municipality and are set forth in a written |
13 | | agreement by or among the
municipality and the taxing |
14 | | district or taxing districts, which agreement
describes |
15 | | the program to be undertaken, including but not limited to |
16 | | the
number of employees to be trained, a description of |
17 | | the training and
services to be provided, the number and |
18 | | type of positions available or to
be available, itemized |
19 | | costs of the program and sources of funds to pay for the
|
20 | | same, and the term of the agreement. These costs include, |
21 | | specifically, the
payment by community college districts |
22 | | of costs under Sections 3-37,
3-38, 3-40 and 3-40.1 of the |
23 | | Public Community College Act and by school
districts of |
24 | | costs under Sections 10-22.20a and 10-23.3a of the School |
25 | | Code.
|
26 | | (13) The interest costs incurred by redevelopers or |
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1 | | other
nongovernmental persons in connection with a |
2 | | redevelopment project,
and specifically including payments |
3 | | to redevelopers or other nongovernmental
persons as |
4 | | reimbursement for such costs incurred by such redeveloper |
5 | | or other
nongovernmental person, provided that:
|
6 | | (A) interest costs shall be
paid or reimbursed by |
7 | | a municipality
only pursuant to the prior official |
8 | | action of the municipality evidencing
an intent to pay |
9 | | or reimburse such interest costs;
|
10 | | (B) such payments in any one year may not exceed |
11 | | 30% of the annual
interest costs incurred by the |
12 | | redeveloper with regard to the redevelopment
project |
13 | | during that year;
|
14 | | (C) except as provided in subparagraph (E), the |
15 | | aggregate amount of
such costs paid or reimbursed by a |
16 | | municipality shall not
exceed 30%
of the total (i) |
17 | | costs paid or incurred by the redeveloper or other
|
18 | | nongovernmental
person in that year plus (ii) |
19 | | redevelopment project costs excluding any
property |
20 | | assembly costs and any relocation costs incurred by a |
21 | | municipality
pursuant to this Act;
|
22 | | (D) interest costs shall be paid or reimbursed by |
23 | | a
municipality solely from the special tax allocation
|
24 | | fund established pursuant to this Act and shall not be |
25 | | paid or reimbursed from
the
proceeds of any |
26 | | obligations issued by a municipality;
|
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1 | | (E) if there are not sufficient funds available in |
2 | | the special tax
allocation fund in any year to make |
3 | | such payment or reimbursement in full, any
amount of
|
4 | | such interest cost remaining to be paid or reimbursed |
5 | | by a municipality
shall accrue and be
payable when |
6 | | funds are available in
the special tax allocation fund |
7 | | to make such payment.
|
8 | | (14) The costs of
construction of
new
privately owned |
9 | | buildings shall not be an eligible redevelopment project |
10 | | cost.
|
11 | | If a special service area has been established under the |
12 | | Special Service
Area Tax Act, then any tax increment revenues |
13 | | derived from the tax imposed
thereunder to the Special Service |
14 | | Area Tax Act may be used within the
redevelopment project area |
15 | | for the purposes permitted by
that Act as well as the purposes |
16 | | permitted by this Act.
|
17 | | (p) "Redevelopment Planning Area" means an area so |
18 | | designated by a
municipality after the municipality has |
19 | | complied with all the findings and
procedures required to |
20 | | establish a redevelopment project area, including
the |
21 | | existence of conditions that qualify the area as an industrial |
22 | | park
conservation area, or an environmentally contaminated |
23 | | area, or a vacant
industrial
buildings
conservation area, or a |
24 | | combination of these types of
areas, and adopted a |
25 | | redevelopment plan and project for the planning area and
its |
26 | | included redevelopment project areas. The
area shall not be |
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1 | | designated as a redevelopment planning area for more than
5
|
2 | | years, or 10 years in the case of a redevelopment planning area |
3 | | in the City of Rockford. At any time in the
5 years, or 10 |
4 | | years in the case of the City of Rockford, following that |
5 | | designation of the
redevelopment planning area, the |
6 | | municipality may designate the
redevelopment planning area, or |
7 | | any portion of the redevelopment
planning area,
as a |
8 | | redevelopment project area without making additional findings |
9 | | or
complying with additional procedures required for the |
10 | | creation of a
redevelopment project area.
An amendment of a |
11 | | redevelopment plan and project in accordance with the
findings |
12 | | and procedures of this Act after the designation of a |
13 | | redevelopment
planning area at any time within the
5 years |
14 | | after the designation of the
redevelopment planning area, or |
15 | | 10 years after the designation of the redevelopment planning |
16 | | area in the City of Rockford, shall not require new |
17 | | qualification of findings for
the redevelopment project area |
18 | | to be designated within the redevelopment
planning area.
|
19 | | The terms "redevelopment plan", "redevelopment project", |
20 | | and
"redevelopment project area" have the definitions set out |
21 | | in subsections (l),
(m), and (n), respectively.
|
22 | | (q) "Taxing districts" means counties, townships, |
23 | | municipalities, and
school, road, park, sanitary, mosquito |
24 | | abatement, forest preserve, public
health, fire protection, |
25 | | river conservancy, tuberculosis sanitarium and any
other |
26 | | municipal corporations or districts with the power to levy |
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1 | | taxes.
|
2 | | (r) "Taxing districts' capital costs" means those costs of |
3 | | taxing districts
for capital improvements that are found by |
4 | | the municipal corporate authorities
to be necessary and a |
5 | | direct result of the redevelopment project.
|
6 | | (s) "Urban county" means a county with 240,000 or more |
7 | | inhabitants.
|
8 | | (t) "Vacant area", as used in subsection (a) of this |
9 | | Section,
means any parcel or combination of parcels of real |
10 | | property without
industrial, commercial and residential |
11 | | buildings that has not been used for
commercial agricultural |
12 | | purposes within 5 years before the designation of
the |
13 | | redevelopment project area, unless that parcel is included in |
14 | | an
industrial park conservation area.
|
15 | | (Source: P.A. 96-606, eff. 8-24-09.)
|
16 | | Section 185. The Economic Development Project Area Tax |
17 | | Increment Allocation Act of
1995 is amended by changing |
18 | | Section 10 as follows:
|
19 | | (65 ILCS 110/10)
|
20 | | Sec. 10. Definitions. In this Act, words or terms have the |
21 | | following meanings:
|
22 | | (a) "Closed military installation" means a former base, |
23 | | camp, post, station,
yard, center, homeport facility for any |
24 | | ship, or other activity under the
jurisdiction of the United |
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1 | | States Department of the Defense which is not less
in the |
2 | | aggregate than 500 acres and which is closed or in the process |
3 | | of
being closed by the Secretary of Defense under and pursuant |
4 | | to Title II of the
Defense Base Closure and Realignment Act |
5 | | (Public Law 100-526; 10 U.S.C. 2687
note), The Defense Base |
6 | | Closure and Realignment Act of 1990 (part A of title
XXIX of |
7 | | Public Law 101-510; 10 U.S.C. 2687 note), Section 2687 of
|
8 | | Title 10 of
the United States Code (10 U.S.C. 2687),
or an |
9 | | installation, described in subsection (b) of Section 15 of the |
10 | | Joliet
Arsenal Development Authority Act, that has been |
11 | | transferred or is in the
process of being transferred by the
|
12 | | Secretary of the Army pursuant to the Illinois Land |
13 | | Conservation Act (Title
XXIX of Public Law 104-106; 16 U.S.C. |
14 | | 1609),
as each may be further supplemented or
amended.
|
15 | | (b) "Economic development plan" means the written plan of |
16 | | a municipality
that sets forth an economic development program |
17 | | for an economic development
project area. Each economic |
18 | | development plan shall include but not be limited
to (i) |
19 | | estimated economic development project costs, (ii) the sources |
20 | | of funds
to pay those costs, (iii) the nature and term of any |
21 | | obligations to be issued
by the municipality to pay those |
22 | | costs, (iv) the most recent equalized assessed
valuation of |
23 | | the economic development project area, (v) an estimate of the
|
24 | | equalized assessed valuation of the economic development |
25 | | project area after
completion of an economic development |
26 | | project, (vi) the estimated date of
completion of any economic |
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1 | | development project proposed to be undertaken, (vii)
a general |
2 | | description of the types of any proposed developers, users, or
|
3 | | tenants
of any property to be located or improved within the |
4 | | economic development
project area,
(viii) a description of the |
5 | | type, structure, and general character of the
facilities to be |
6 | | developed or improved,
(ix) a description of the general land |
7 | | uses to apply in the economic
development project area,
(x) a |
8 | | general
description or an estimate of the type, class, and |
9 | | number of employees to be
employed in the operation of the |
10 | | facilities to be developed or improved, and
(xi) a commitment |
11 | | by the municipality to fair employment practices and a |
12 | | positive action an
affirmative action plan regarding any
|
13 | | economic development program to be undertaken by the |
14 | | municipality.
|
15 | | (c) "Economic development project" means any development |
16 | | project furthering
the objectives of this Act.
|
17 | | (d) "Economic development project area" means any improved |
18 | | or vacant area
that (i) is within or partially within and |
19 | | contiguous to the
boundaries of a
closed military installation |
20 | | as defined in subsection (a) of this Section
(except the |
21 | | installation described in Section 15 of the Joliet Arsenal
|
22 | | Development Authority Act) or, only in the case
of the |
23 | | installation described in Section 15
of the Joliet Arsenal |
24 | | Development Authority Act, is within or contiguous to
the |
25 | | closed military installation, (ii)
is located entirely within |
26 | | the territorial limits of a municipality, (iii) is
contiguous, |
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1 | | (iv) is not less in the aggregate than 1 1/2 acres, (v) is |
2 | | suitable
for siting by a commercial, manufacturing, |
3 | | industrial, research, transportation
or residential housing |
4 | | enterprise or facilities to include but not be limited
to |
5 | | commercial businesses, offices, factories, mills, processing |
6 | | plants,
industrial or commercial distribution centers, |
7 | | warehouses, repair overhaul or
service facilities,
freight |
8 | | terminals, research facilities, test facilities, |
9 | | transportation
facilities or single or multi-family |
10 | | residential housing units, regardless of
whether the area has |
11 | | been used at any time for those facilities and regardless
of |
12 | | whether the area has been
used or is suitable for other uses |
13 | | and (vi) has been approved and certified by
the corporate |
14 | | authorities of the municipality pursuant to this Act.
|
15 | | (e) "Economic development project costs" means and |
16 | | includes the total of all
reasonable or necessary costs |
17 | | incurred or to be incurred under an
economic development |
18 | | project, including, without limitation, the following:
|
19 | | (1) Costs of studies, surveys, development of plans |
20 | | and specifications,
and implementation and administration |
21 | | of an economic development plan and
personnel and |
22 | | professional service costs for architectural, engineering, |
23 | | legal,
marketing, financial planning, police, fire, public |
24 | | works, public utility, or
other services. No charges for |
25 | | professional services, however, may be based on
a |
26 | | percentage of incremental tax revenues.
|
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1 | | (2) Property assembly costs within an economic |
2 | | development project area,
including but not limited to |
3 | | acquisition of land and other real or personal
property or |
4 | | rights or interests in property.
|
5 | | (3) Site preparation costs, including but not limited |
6 | | to clearance of any
area within an economic development |
7 | | project area by demolition or removal of
any existing |
8 | | buildings, structures, fixtures, utilities, and |
9 | | improvements and
clearing and grading; and including |
10 | | installation, repair, construction,
reconstruction, |
11 | | extension or relocation of public streets, public |
12 | | utilities,
and other public site improvements located |
13 | | outside the boundaries of an
economic development project |
14 | | area that are essential to the preparation of the
economic |
15 | | development project area for use with an economic
|
16 | | development plan.
|
17 | | (4) Costs of renovation, rehabilitation, |
18 | | reconstruction, relocation,
repair, or remodeling of any
|
19 | | existing buildings, improvements, equipment, and fixtures |
20 | | within an economic
development project area.
|
21 | | (5) Costs of installation or construction within an |
22 | | economic development
project area of any buildings, |
23 | | structures, works, streets, improvements,
equipment, |
24 | | utilities, or fixtures, whether publicly or privately |
25 | | owned or
operated.
|
26 | | (6) Financing costs, including but not limited to all |
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1 | | necessary and
incidental expenses related to the issuance |
2 | | of obligations, payment of any
interest on any obligations |
3 | | issued under this Act that accrues during the
estimated |
4 | | period of construction of any economic development project |
5 | | for which
the obligations are issued and for not more than |
6 | | 36 months after that period,
and any reasonable reserves |
7 | | related to the issuance of the obligations.
|
8 | | (7) All or a portion of a taxing district's capital or |
9 | | operating costs
resulting from an economic development |
10 | | project necessarily incurred or
estimated to be incurred |
11 | | by a taxing district in the furtherance of the
objectives |
12 | | of an economic development project, to the extent that the
|
13 | | municipality, by written agreement, accepts and approves |
14 | | those costs.
|
15 | | (8) Relocation costs to the extent that a municipality |
16 | | determines that
relocation costs shall be paid or is |
17 | | required to pay relocation costs by
federal or State law.
|
18 | | (9) The estimated tax revenues from real property in |
19 | | an economic
development
project area acquired by a |
20 | | municipality in furtherance of an economic
development |
21 | | project under this Act
that, according to the economic |
22 | | development plan, is to be used for a private
use (i) that |
23 | | any taxing district would have received had the |
24 | | municipality not
adopted tax increment allocation |
25 | | financing for an economic development project
area and |
26 | | (ii) that would result from the taxing district's levies |
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1 | | made after
the time of the adoption by the municipality of |
2 | | tax increment allocation
financing to the time the current |
3 | | equalized assessed value of real property in
the economic |
4 | | development project area exceeds the total initial |
5 | | equalized value
of real property.
|
6 | | (10) Costs of rebating ad valorem taxes paid by any |
7 | | developer or other
nongovernmental person in whose name |
8 | | the general taxes were paid for the last
preceding year on |
9 | | any lot, block, tract, or parcel of land in the economic
|
10 | | development project area, provided that:
|
11 | | (A) the economic development project area is |
12 | | located in an enterprise
zone
created under the |
13 | | Illinois Enterprise Zone Act;
|
14 | | (B) the ad valorem taxes shall be rebated only in |
15 | | amounts and for a tax
year or years as the municipality |
16 | | and any one or more affected taxing districts
have |
17 | | agreed by prior written agreement;
|
18 | | (C) any amount of rebate of taxes shall not exceed |
19 | | the portion, if any,
of taxes levied by the |
20 | | municipality or taxing district or districts that is
|
21 | | attributable to the increase in the current equalized |
22 | | assessed valuation of
each taxable lot, block, tract,
|
23 | | or parcel of real property in the economic development |
24 | | project area over and
above the initial equalized |
25 | | assessed value of each property existing at the
time |
26 | | property tax allocation financing was adopted for the |
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1 | | economic development
project area; and
|
2 | | (D) costs of rebating ad valorem taxes shall be |
3 | | paid by a municipality
solely from the special tax |
4 | | allocation fund established under this Act and
shall |
5 | | not be paid from the proceeds of any obligations |
6 | | issued by a
municipality.
|
7 | | (11) Costs of job training or advanced vocational or |
8 | | career education,
including but not limited to courses in |
9 | | occupational, semi-technical, or
technical fields leading |
10 | | directly to employment, incurred by one or more taxing
|
11 | | districts, but only if the costs are related to the |
12 | | establishment and
maintenance of additional job training, |
13 | | advanced vocational education, or
career education |
14 | | programs for persons employed or to be employed by |
15 | | employers
located in the economic development project area |
16 | | and only if, when the costs
are incurred by a taxing |
17 | | district or taxing districts other than the
municipality, |
18 | | they shall be set forth in a written agreement by or among |
19 | | the
municipality and the taxing district or taxing |
20 | | districts that describes the
program to be undertaken, |
21 | | including without limitation the number of employees
to be |
22 | | trained, a description of the training and services to be |
23 | | provided, the
number and type of positions available or to |
24 | | be available, itemized costs of
the program and sources of |
25 | | funds to pay the costs, and the term of the
agreement. |
26 | | These costs include, specifically, the payment by |
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1 | | community college
districts of costs pursuant to Sections |
2 | | 3-37, 3-38, 3-40 and 3-40.1 of the
Public Community |
3 | | College Act and by school districts of costs pursuant to
|
4 | | Sections 10-22.20 and 10-23.3a of the School Code.
|
5 | | (12) Private financing costs incurred by a developer |
6 | | or other
nongovernmental person in connection with an |
7 | | economic development project,
provided that:
|
8 | | (A) private financing costs shall be paid or |
9 | | reimbursed by a
municipality
only pursuant to the |
10 | | prior official action of the municipality evidencing |
11 | | an
intent to pay or reimburse such private financing |
12 | | costs;
|
13 | | (B) except as provided in subparagraph (D), the |
14 | | aggregate amount of the
costs paid or reimbursed by a |
15 | | municipality in any one year shall not exceed 30%
of |
16 | | the costs paid or incurred by the developer or other |
17 | | nongovernmental person
in that year;
|
18 | | (C) private financing costs shall be paid or |
19 | | reimbursed by a
municipality solely from the special |
20 | | tax allocation fund established under this
Act and |
21 | | shall not be paid from the proceeds of any obligations |
22 | | issued by a
municipality; and
|
23 | | (D) if there are not sufficient funds available in |
24 | | the special tax
allocation fund in any year to make the |
25 | | payment or reimbursement in full, any
amount of the |
26 | | interest costs remaining to be paid or reimbursed by a
|
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1 | | municipality shall accrue and be payable when funds |
2 | | are available in the
special tax allocation fund to |
3 | | make the payment.
|
4 | | If a special service area has been established under the |
5 | | Special
Service Area Tax Act, then any tax increment revenues |
6 | | derived from the tax
imposed pursuant to the Special Service |
7 | | Area Tax Act may be used within the
economic development |
8 | | project area for the purposes permitted by that Act as
well as |
9 | | the purposes permitted by this Act.
|
10 | | (f) "Municipality" means a city, village, or incorporated |
11 | | town.
|
12 | | (g) "Obligations" means any instrument evidencing the |
13 | | obligation of a
municipality to pay money, including without |
14 | | limitation bonds, notes,
installment or financing contracts, |
15 | | certificates, tax anticipation warrants or
notes, vouchers, |
16 | | and any other evidences of indebtedness.
|
17 | | (h) "Taxing districts" means counties, townships, and |
18 | | school, road, park,
sanitary, mosquito abatement, forest |
19 | | preserve, public health, fire protection,
river conservancy, |
20 | | tuberculosis sanitarium, and any other districts or other
|
21 | | municipal corporations with the power to levy taxes.
|
22 | | (Source: P.A. 91-642, eff. 8-20-99.)
|
23 | | Section 190. The Metropolitan Pier and Exposition |
24 | | Authority Act is amended by changing Sections 23.1 and 26 as |
25 | | follows:
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1 | | (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
|
2 | | Sec. 23.1. Positive action Affirmative action .
|
3 | | (a) The Authority shall, within 90 days after the |
4 | | effective
date of this amendatory Act of 1984, establish and |
5 | | maintain a positive action an affirmative
action program |
6 | | designed to promote equal employment opportunity and
eliminate |
7 | | the effects of past discrimination. Such program shall include |
8 | | a
plan, including timetables where appropriate, which shall |
9 | | specify goals
and methods for increasing participation by |
10 | | women and minorities in
employment, including employment |
11 | | related to the planning, organization, and staging of the |
12 | | games, by the Authority and by parties which contract with the |
13 | | Authority.
The Authority shall submit a detailed plan with the |
14 | | General Assembly prior
to September 1 of each year. Such |
15 | | program shall also establish procedures and
sanctions, which |
16 | | the Authority shall enforce to
ensure compliance with the plan |
17 | | established pursuant to this Section and
with State and |
18 | | federal laws and regulations relating to the employment of
|
19 | | women and minorities. A determination by the Authority as to |
20 | | whether a
party to a contract with the Authority has achieved |
21 | | the goals or employed
the methods for increasing participation |
22 | | by women and minorities shall be
determined in accordance with |
23 | | the terms of such contracts or the applicable
provisions of |
24 | | rules and regulations of the Authority existing at the time
|
25 | | such contract was executed, including any provisions for |
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1 | | consideration of
good faith efforts at compliance which the |
2 | | Authority may reasonably adopt.
|
3 | | (b) The Authority shall adopt and maintain minority-owned |
4 | | and women-owned
business enterprise procurement programs under |
5 | | the positive action affirmative
action program described in |
6 | | subsection (a) for any and all work, including all contracting |
7 | | related to the planning, organization, and staging of the |
8 | | games, undertaken
by the Authority. That work shall include, |
9 | | but is not limited to, the
purchase of professional services, |
10 | | construction services, supplies,
materials, and equipment. The |
11 | | programs shall establish goals of awarding
not less than 25% |
12 | | of the annual dollar value of all contracts, purchase
orders, |
13 | | or other agreements (collectively referred to as "contracts") |
14 | | to minority-owned
businesses and 5% of the annual dollar value |
15 | | of all
contracts to women-owned businesses. Without limiting |
16 | | the generality of
the foregoing, the programs shall require in |
17 | | connection with the
prequalification or consideration of |
18 | | vendors for professional service
contracts, construction |
19 | | contracts, and contracts for supplies, materials,
equipment, |
20 | | and services that each proposer or bidder submit as part of his
|
21 | | or her proposal or bid a commitment detailing how he or she |
22 | | will expend 25%
or more of the dollar value of his or her |
23 | | contracts with one or more minority-owned
businesses and 5% or |
24 | | more of the dollar value with one or
more women-owned |
25 | | businesses. Bids or proposals that do not include such
|
26 | | detailed commitments are not responsive and shall be rejected |
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1 | | unless the
Authority deems it appropriate to grant a waiver of |
2 | | these requirements. In
addition the Authority may, in |
3 | | connection with the selection of providers
of professional |
4 | | services, reserve the right to select a minority-owned or |
5 | | women-owned business or businesses to fulfill the commitment |
6 | | to minority and woman
business participation. The commitment |
7 | | to minority and woman
business participation may be met by the |
8 | | contractor or professional service
provider's status as a |
9 | | minority-owned or women-owned business, by joint venture
or by |
10 | | subcontracting a portion of the work with or purchasing |
11 | | materials for
the work from one or more such businesses, or by |
12 | | any combination thereof.
Each contract shall require the |
13 | | contractor or provider to submit a
certified monthly report |
14 | | detailing the status of that contractor or
provider's |
15 | | compliance with the Authority's minority-owned and women-owned
|
16 | | business enterprise procurement program. The Authority, after |
17 | | reviewing
the monthly reports of the contractors and |
18 | | providers, shall
compile a comprehensive report regarding |
19 | | compliance with this procurement
program and file it quarterly |
20 | | with the General Assembly. If, in connection
with a particular |
21 | | contract, the Authority determines that it is
impracticable or |
22 | | excessively costly to obtain minority-owned or women-owned
|
23 | | businesses to perform sufficient work to fulfill the |
24 | | commitment required by
this subsection, the Authority shall |
25 | | reduce or waive the commitment in the
contract, as may be |
26 | | appropriate. The Authority shall establish rules and
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1 | | regulations setting forth the standards to be used in |
2 | | determining whether
or not a reduction or waiver is |
3 | | appropriate. The terms "minority-owned
business" and |
4 | | "women-owned business" have the meanings given to those
terms |
5 | | in the Business Enterprise for Minorities, Women, and Persons |
6 | | with Disabilities Act.
|
7 | | (c) The Authority shall adopt and maintain a positive |
8 | | action an affirmative
action program in connection with the |
9 | | hiring
of minorities and women on the Expansion Project and on |
10 | | any and all
construction projects, including all contracting |
11 | | related to the planning, organization, and staging of the |
12 | | games, undertaken by the Authority. The program shall be
|
13 | | designed to promote equal employment opportunity and shall |
14 | | specify the
goals and methods for increasing the participation |
15 | | of minorities and women
in a representative mix of job |
16 | | classifications required to perform the
respective contracts |
17 | | awarded by the Authority.
|
18 | | (d) In connection with the Expansion Project, the |
19 | | Authority shall
incorporate the following elements into its |
20 | | minority-owned and women-owned
business procurement programs |
21 | | to the extent feasible: (1) a major
contractors program that |
22 | | permits minority-owned businesses and women-owned
businesses |
23 | | to bear significant responsibility and risk for a portion of |
24 | | the
project; (2) a mentor/protege program that provides |
25 | | financial, technical,
managerial, equipment, and personnel |
26 | | support to minority-owned businesses
and women-owned |
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1 | | businesses; (3) an emerging firms program that includes |
2 | | minority-owned
businesses and women-owned businesses that |
3 | | would not
otherwise qualify for the project due to |
4 | | inexperience or limited resources;
(4) a small projects |
5 | | program that includes participation by smaller minority-owned
|
6 | | businesses and women-owned businesses on jobs where the
total |
7 | | dollar value is $5,000,000 or less; and (5) a set-aside |
8 | | program that
will identify contracts requiring the expenditure |
9 | | of funds less than
$50,000 for bids to be submitted solely by |
10 | | minority-owned businesses and women-owned
businesses.
|
11 | | (e) The Authority is authorized to enter into agreements |
12 | | with
contractors' associations, labor unions, and the |
13 | | contractors working on the
Expansion Project to establish an |
14 | | Apprenticeship Preparedness Training
Program to provide for an |
15 | | increase in the number of minority and women
journeymen and |
16 | | apprentices in the building trades and to enter into
|
17 | | agreements with Community College District 508 to provide |
18 | | readiness training.
The Authority is further authorized to |
19 | | enter into contracts with public and
private educational |
20 | | institutions and persons in the hospitality industry to
|
21 | | provide training for employment in the hospitality industry.
|
22 | | (f) McCormick Place Advisory Board. There is created a |
23 | | McCormick Place
Advisory Board composed as follows:
2 members |
24 | | shall be appointed by the Mayor of Chicago;
2 members shall be |
25 | | appointed by the Governor;
2 members shall be State Senators |
26 | | appointed by the President of the Senate;
2 members shall be |
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1 | | State Senators appointed by the Minority Leader of the
Senate;
|
2 | | 2 members shall be State Representatives appointed by the |
3 | | Speaker of the House
of Representatives; and
2 members shall |
4 | | be State Representatives appointed by the Minority Leader of
|
5 | | the House of Representatives.
The terms of all previously |
6 | | appointed members of the Advisory Board expire on
the |
7 | | effective date of this amendatory Act of the 92nd General |
8 | | Assembly. A
State Senator or State Representative member may |
9 | | appoint a designee to serve
on the McCormick Place Advisory |
10 | | Board in his or her absence.
|
11 | | A "member of a minority group" shall mean a person who is a |
12 | | citizen or
lawful permanent resident of the United States and |
13 | | who is any of the following:
|
14 | | (1) American Indian or Alaska Native (a person having |
15 | | origins in any of the original peoples of North and South |
16 | | America, including Central America, and who maintains |
17 | | tribal affiliation or community attachment). |
18 | | (2) Asian (a person having origins in any of the |
19 | | original peoples of the Far East, Southeast Asia, or the |
20 | | Indian subcontinent, including, but not limited to, |
21 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
22 | | the Philippine Islands, Thailand, and Vietnam). |
23 | | (3) Black or African American (a person having origins |
24 | | in any of the black racial groups of Africa). Terms such as |
25 | | "Haitian" or "Negro" can be used in addition to "Black or |
26 | | African American". |
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1 | | (4) Hispanic or Latino (a person of Cuban, Mexican, |
2 | | Puerto Rican, South or Central American, or other Spanish |
3 | | culture or origin, regardless of race). |
4 | | (5) Native Hawaiian or Other Pacific Islander (a |
5 | | person having origins in any of the original peoples of |
6 | | Hawaii, Guam, Samoa, or other Pacific Islands).
|
7 | | Members of the McCormick Place Advisory Board shall serve |
8 | | 2-year terms
and until their successors are appointed, except |
9 | | members who serve as a
result of their elected position whose |
10 | | terms shall continue as long as
they hold their designated |
11 | | elected positions. Vacancies shall be filled by
appointment |
12 | | for the unexpired term in the same manner as original
|
13 | | appointments are made. The McCormick Place Advisory Board |
14 | | shall elect
its own chairperson.
|
15 | | Members of the McCormick Place Advisory Board shall serve |
16 | | without
compensation but, at the Authority's discretion, shall |
17 | | be reimbursed for
necessary expenses in connection with the |
18 | | performance of their duties.
|
19 | | The McCormick Place Advisory Board shall meet quarterly, |
20 | | or as needed,
shall produce any reports it deems necessary, |
21 | | and shall:
|
22 | | (1) Work with the Authority on ways to improve the |
23 | | area physically
and economically;
|
24 | | (2) Work with the Authority regarding potential means |
25 | | for providing
increased economic opportunities to |
26 | | minorities and women produced
indirectly or directly from |
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1 | | the construction and operation of the
Expansion Project;
|
2 | | (3) Work with the Authority to minimize any potential |
3 | | impact on the
area surrounding the McCormick Place |
4 | | Expansion Project, including any
impact on minority-owned |
5 | | or women-owned businesses, resulting from the
construction |
6 | | and operation of the Expansion Project;
|
7 | | (4) Work with the Authority to find candidates for |
8 | | building trades
apprenticeships, for employment in the |
9 | | hospitality industry, and to identify
job training |
10 | | programs;
|
11 | | (5) Work with the Authority to implement the |
12 | | provisions of subsections
(a) through (e) of this Section |
13 | | in the construction of the Expansion
Project, including |
14 | | the Authority's goal of awarding not less than 25% and
5% |
15 | | of the annual dollar value of contracts to minority-owned |
16 | | and women-owned
businesses, the outreach program for |
17 | | minorities and women, and the
mentor/protege program for |
18 | | providing assistance to minority-owned and women-owned |
19 | | businesses.
|
20 | | (g) The Authority shall comply with subsection (e) of |
21 | | Section 5-42 of the Olympic Games and Paralympic Games (2016) |
22 | | Law. For purposes of this Section, the term "games" has the |
23 | | meaning set forth in the Olympic Games and Paralympic Games |
24 | | (2016) Law. |
25 | | (Source: P.A. 100-391, eff. 8-25-17.)
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1 | | (70 ILCS 210/26) (from Ch. 85, par. 1246)
|
2 | | Sec. 26.
(a)
As soon after the end of each fiscal year as
|
3 | | may be expedient, the
Board shall cause to be prepared and |
4 | | printed a complete and detailed report
and financial statement |
5 | | of its operations and of its assets and
liabilities. A |
6 | | reasonably sufficient number of copies of such report shall
be |
7 | | printed for distribution to persons interested, upon request, |
8 | | and a copy
thereof shall be filed with the Governor, the Mayor, |
9 | | the General
Assembly and the Park District President.
Within 6 |
10 | | months after the effective date of this amendatory
Act of |
11 | | 1985, or as soon thereafter as is possible, the Authority |
12 | | shall
adopt an accounting system which shall not be |
13 | | implemented until it has been
approved by the Auditor General |
14 | | as appropriate for the Authority's operations.
|
15 | | (b) With respect to construction by the Authority funded |
16 | | in whole or
in part with State or borrowed funds, including the |
17 | | Project, the Authority shall prepare
a monthly report of the |
18 | | progress of construction. The report shall include
a |
19 | | discussion of: (1) the status of construction; (2) delays or |
20 | | anticipated
delays in the completion of the construction; (3) |
21 | | cost overruns; (4) funds
available for construction and the |
22 | | current construction budget;
(5) the status of the |
23 | | implementation of the Authority's positive action affirmative |
24 | | action
program by contractor, trade and levels of skill;
and |
25 | | (6) any
problems, or
anticipated problems, with respect to |
26 | | construction or costs of
construction. The monthly reports |
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1 | | required by this Section shall be
submitted to the Governor, |
2 | | the Mayor and the General Assembly.
|
3 | | In connection with any construction by the Authority |
4 | | funded
in whole or in part by State or borrowed funds, |
5 | | including the Project, the
Authority will, when such |
6 | | construction is to be done by a general
contractor or a |
7 | | construction manager operating in a general contractor
|
8 | | capacity, institute a quality assurance program, including |
9 | | independent
quality control inspections. The Authority will |
10 | | file not less frequently
than quarterly written reports on the |
11 | | results of its quality assurance
program with the Governor, |
12 | | the Mayor and the General Assembly.
|
13 | | (Source: P.A. 84-1027.)
|
14 | | Section 195. The Cook County Forest Preserve District Act |
15 | | is amended by changing Section 14 as follows:
|
16 | | (70 ILCS 810/14) (from Ch. 96 1/2, par. 6417)
|
17 | | Sec. 14. The board, as corporate authority of a forest
|
18 | | preserve district, shall have power to pass and enforce all |
19 | | necessary
ordinances, rules and regulations for the management |
20 | | of the property and
conduct of the business of such district. |
21 | | The president of such board
shall have power to appoint a |
22 | | secretary and an assistant secretary, and
treasurer and an |
23 | | assistant treasurer and such other officers and such
employees |
24 | | as may be necessary, all of whom, excepting the treasurer and
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1 | | attorneys, shall be under civil service rules and regulations, |
2 | | as
provided in Section 17 of this Act. The assistant secretary |
3 | | and assistant
treasurer shall perform the duties of the |
4 | | secretary and treasurer,
respectively, in case of death of |
5 | | said officers or when said officers
are unable to perform the |
6 | | duties of their respective offices because of
absence or |
7 | | inability to act. All contracts for supplies, material or
work |
8 | | involving an expenditure by forest preserve
districts in |
9 | | excess of $25,000 shall be let to the lowest
responsible |
10 | | bidder,
after due advertisement, excepting work requiring |
11 | | personal confidence or necessary
supplies under the control of |
12 | | monopolies, where competitive bidding is
impossible. Contracts |
13 | | for supplies, material or work involving an
expenditure of |
14 | | $25,000 or less may be let without advertising for bids,
but |
15 | | whenever practicable, at least 3 competitive bids shall be |
16 | | obtained
before letting such contract. Notwithstanding the |
17 | | provisions of this Section, a forest preserve district may |
18 | | establish procedures to comply with State and federal |
19 | | regulations concerning positive action affirmative action and |
20 | | the use of small businesses or businesses owned by minorities |
21 | | or women in construction and procurement contracts. All |
22 | | contracts for supplies, material or
work shall be signed by |
23 | | the president of the board or
by any such other officer as the |
24 | | board in its discretion may designate.
|
25 | | Salaries of employees shall be fixed by ordinance.
|
26 | | (Source: P.A. 99-264, eff. 1-1-16 .)
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1 | | Section 200. The Chicago Park District Act is amended by |
2 | | changing Section 16a as follows:
|
3 | | (70 ILCS 1505/16a) (from Ch. 105, par. 333.16a)
|
4 | | Sec. 16a. Personnel code.
|
5 | | (a) Notwithstanding the provisions of the Park System |
6 | | Civil
Service Act or the provisions of any other law, the board |
7 | | of
commissioners by ordinance may establish a personnel code |
8 | | for the Chicago
Park District creating a system of personnel |
9 | | administration based on merit
principles and scientific |
10 | | methods.
|
11 | | (b) The passage by the board of commissioners of a |
12 | | personnel code that
complies with the provisions of this |
13 | | Section shall suspend the
applicability to the Chicago Park |
14 | | District of the Park System Civil
Service Act. That Act shall |
15 | | again become applicable to the Chicago Park
District |
16 | | immediately upon the repeal by the board of commissioners of |
17 | | the
personnel code or of any provision of that Code that is
|
18 | | required by this Section.
|
19 | | (c) Any personnel code passed by the board of |
20 | | commissioners under
the authority of this Section shall |
21 | | contain provisions
necessary to create a personnel system |
22 | | based on merit principles and
scientific methods and shall at |
23 | | a minimum contain the following provisions:
|
24 | | (1) The code shall create the office of Director of |
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1 | | Human Resources. The Director of Human Resources shall be |
2 | | a resident of
the district and shall be appointed by the |
3 | | board of commissioners.
|
4 | | (2) The code shall provide for a personnel board |
5 | | consisting of 3
members. Two members shall be |
6 | | commissioners and the third shall be the
Director of Human |
7 | | Resources or the person
lawfully acting in that
capacity. |
8 | | Terms for members shall be prescribed by the personnel |
9 | | code. The
commissioner members of the personnel board |
10 | | shall serve
without compensation but shall be reimbursed |
11 | | for necessary travel and other
expenses. The personnel |
12 | | board may administer oaths,
subpoena witnesses, and compel |
13 | | the production of books and papers pertinent
to any |
14 | | hearing authorized by this Section. Any circuit court, |
15 | | upon
application by the personnel board or any member of |
16 | | the board, may, in its
discretion, compel the attendance |
17 | | of witnesses, the production of books and
papers, and the |
18 | | giving of testimony before the board or its hearing |
19 | | officer
in relation to a hearing. Any person who shall |
20 | | refuse to comply
with a lawfully served order to appear or |
21 | | testify before the personnel
board or its hearing officer, |
22 | | or to produce books and papers relevant to
the hearing as |
23 | | commanded in a lawfully served subpoena, shall be guilty |
24 | | of
a Class B misdemeanor. Any person who, having taken an |
25 | | oath or made
affirmation before the board or its hearing |
26 | | officer, knowingly swears
or affirms falsely is guilty of |
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1 | | perjury and upon conviction shall be
punished accordingly.
|
2 | | (3) The code shall subject all positions of employment |
3 | | in the Park
District to the jurisdiction of the personnel |
4 | | board, with the exception
of offices or high-ranking |
5 | | senior executive positions, confidential
positions, or |
6 | | special program positions that cannot be subject to career
|
7 | | service due to program requirements. The board of |
8 | | commissioners shall, by
resolution, specifically exempt |
9 | | those offices or positions from the
jurisdiction of the |
10 | | personnel board.
|
11 | | (4) The substantive provisions of the code shall |
12 | | provide, at
a minimum, for the following:
|
13 | | (A) With the exceptions listed below, all |
14 | | vacancies in positions
of employment subject to the |
15 | | jurisdiction of the personnel board shall be
filled |
16 | | only after providing reasonable public notice of the |
17 | | vacancy and
inviting those who meet the published |
18 | | minimum requirements for the position
as further |
19 | | provided in this Section to apply for it. The district |
20 | | shall
specify in the announcement of the vacancy the |
21 | | minimum requirements
necessary to be considered for |
22 | | the position, as contained in the official
position |
23 | | description for the position. The district shall |
24 | | specify in the
announcement of the vacancy whether |
25 | | competition for the vacancy is open to
non-employees |
26 | | of the district, or to employees of the district, or to |
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1 | | both. The
district may dispense with this requirement |
2 | | of public announcement when a
vacancy, for reasons |
3 | | promoting the efficiency of the district service, is
|
4 | | to be filled by demotion, recall from layoff or leave |
5 | | of absence, or lateral
transfer of an employee; or as |
6 | | the result of a lawful order of a court,
arbitrator, or |
7 | | administrative agency; or as the result of a bona fide
|
8 | | settlement of a legal claim; or in accordance with the |
9 | | provisions of this
Section governing emergency |
10 | | appointments; or as a result of a
reclassification of |
11 | | an employee's job title made in accordance with rules
|
12 | | prescribed by the district for correcting |
13 | | misclassifications; or as the
result of a need to |
14 | | correct or avoid violations of any ethics ordinance of
|
15 | | the district.
|
16 | | (B) All vacancies that have been publicly |
17 | | announced in accordance
with the provisions of |
18 | | subparagraph (A) of this paragraph (4) shall
|
19 | | thereafter be filled by a competitive evaluation of |
20 | | the relative
qualifications of those who apply for it. |
21 | | Any method of evaluation shall be
reasonably designed |
22 | | to select candidates on the basis of job-related
|
23 | | criteria. The personnel board shall prescribe by rule |
24 | | the various methods
of evaluation that may be used. |
25 | | The public announcement of the vacancy
shall specify |
26 | | the method that will be used for the particular |
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1 | | vacancy. The
Director of Human Resources shall |
2 | | document
the process of conducting each
competitive |
3 | | evaluation for each vacancy in sufficient detail that |
4 | | the
personnel board may determine the process by |
5 | | which, and the basis on which,
the person selected to |
6 | | fill the vacancy was selected.
|
7 | | (C) The district, where it determines that it is |
8 | | in the interest of
the efficiency of the service, may |
9 | | specify reasonable lines of promotion or
"career |
10 | | ladder" progressions grouping related positions. The |
11 | | district may, in
its discretion, restrict competition |
12 | | for a particular vacancy (i) to existing
employees who |
13 | | seek promotion to that vacancy from the position class |
14 | | at the
next lower step in the relevant line of |
15 | | promotion or career ladder
progression or (ii) if |
16 | | there is no such lower step, to existing employees
|
17 | | seeking promotion from a particular job classification |
18 | | or classifications
whose duties are reasonably related |
19 | | to the duties of the vacancy being
filled. No |
20 | | restriction of competition for a vacancy to be filled |
21 | | by
promotion shall be applied unless the line of |
22 | | promotion or similar
restriction has first been |
23 | | approved by the personnel board.
|
24 | | (D) Persons appointed to a position of permanent |
25 | | employment shall
acquire "career service" status |
26 | | following successful completion of a
6-month period of |
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1 | | probation.
|
2 | | (E) The district may prescribe reasonable rules |
3 | | that extend
appropriate preference in filling |
4 | | vacancies to qualified persons who have
been members |
5 | | of the armed forces of the United States in time of
|
6 | | hostilities with a foreign country or to qualified |
7 | | persons who, while
citizens of the United States, were |
8 | | members of the armed forces of allies of
the United |
9 | | States in time of hostilities with a foreign country. |
10 | | A "time of
hostilities with a foreign country" means |
11 | | the period of time from December
7, 1941, to December |
12 | | 31, 1945, and from June 27, 1950, to December 31, 1976
|
13 | | and during any other period prescribed by the Board of |
14 | | Commissioners to
take account of periods in which the |
15 | | armed forces were subjected to the
risks of |
16 | | hostilities with a foreign country. To qualify for |
17 | | this
preference, a person must have served in the |
18 | | armed forces for at least 6
months, been discharged on |
19 | | the ground of hardship, or been released from
active |
20 | | duty because of a service-connected disability; the |
21 | | person must not
have received a dishonorable |
22 | | discharge.
|
23 | | (F) The district may make emergency appointments |
24 | | without public
announcement or competition where |
25 | | immediate appointment is required for
reasons of the |
26 | | security or safety of the public or of the district's
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1 | | property. Emergency appointments shall be immediately |
2 | | reported to the
personnel board, which may disapprove |
3 | | them and order them ended. No
emergency appointment |
4 | | may last more than 30 days, and no emergency
|
5 | | appointment shall be renewed.
|
6 | | (G) The district may make temporary appointments |
7 | | to positions in
which it is determined by the |
8 | | personnel board that the continuous services
of the |
9 | | employee will be needed for less than 12 months. |
10 | | Appointments shall
be made by public announcement and |
11 | | competitive methods as provided in
subparagraph (A) of |
12 | | this paragraph (4), but the employee thus appointed
|
13 | | shall not acquire career service status during the |
14 | | period of his or her
temporary appointment.
|
15 | | (H) The district may transfer employees without |
16 | | competitive
procedures from a position to a similar |
17 | | position involving similar
qualifications, duties, |
18 | | responsibilities, and salary ranges.
|
19 | | (I) The district may make layoffs by reason of |
20 | | lack of funds or
work, abolition of a position, or |
21 | | material change in duties or
organization. The |
22 | | personnel code may provide for reemployment of |
23 | | employees
so laid off, giving consideration in both |
24 | | layoffs and reemployment to
performance record, |
25 | | seniority in service, and impact on achieving equal
|
26 | | employment opportunity goals.
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1 | | (J) Any employee with career service status shall |
2 | | be
discharged or suspended without pay for more than |
3 | | 30 days only for cause
and only upon written charges |
4 | | for the discharge or suspension. The employee
shall |
5 | | have an opportunity to appeal the action to the |
6 | | personnel board and
to receive a hearing before the |
7 | | personnel board or a hearing officer
appointed by it. |
8 | | The district may suspend, without pay, the charged
|
9 | | employee pending a hearing and determination of an |
10 | | appeal by the personnel
board. All final |
11 | | administrative decisions by the personnel board
|
12 | | discharging or suspending, for more than 30 days, an |
13 | | employee with career
service status are subject to |
14 | | judicial review under the Administrative
Review Law.
|
15 | | (K) The district shall extend, to persons who are |
16 | | working in a
position in which they lawfully acquired |
17 | | civil service status by virtue of
being examined under |
18 | | the Park System Civil Service Act, career service
|
19 | | status in that position without further examination.
|
20 | | (L) In filling any position subject to the |
21 | | jurisdiction of the
personnel board and not exempted |
22 | | under paragraph (3) of subsection (c), the
district |
23 | | shall take no account, whether favorably or |
24 | | unfavorably, of any
candidate's political affiliation, |
25 | | political preferences or views, or
service to any |
26 | | political party or organization. The district shall |
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1 | | maintain
procedures through which employees may |
2 | | complain of violations of this
prohibition and through |
3 | | which any established violation may be corrected.
|
4 | | (M) The district shall provide, by rule of the |
5 | | personnel board,
by collective bargaining agreements |
6 | | with the appropriate collective
bargaining |
7 | | representatives, or both, for continued recognition of |
8 | | any
right acquired on or before the effective date of |
9 | | this amendatory Act of
1991 by an employee of the |
10 | | district to be employed or reemployed, as the
result |
11 | | of a layoff or a recall, in a position in which the |
12 | | employee
previously held civil service status. Those |
13 | | previously acquired rights may
be modified by mutual |
14 | | agreement between the district and the appropriate
|
15 | | collective bargaining representative.
|
16 | | (N) The code shall provide that in filling |
17 | | vacancies, the district
will follow the provisions of |
18 | | any lawful positive action affirmative action plan |
19 | | approved
by the board of commissioners.
|
20 | | (O) The code shall set forth specific standards of |
21 | | employee
performance that all district employees shall |
22 | | be required to follow.
|
23 | | (5) The code shall provide for the preparation, |
24 | | maintenance, and revision
by the personnel board of a |
25 | | position classification plan for all positions
of |
26 | | employment within the district, based on similarity of |
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1 | | duties performed,
responsibilities assigned, and |
2 | | conditions of employment, so that the same
schedule of pay |
3 | | may be equitably applied to all positions in the same
|
4 | | class. Every class of positions shall have a position |
5 | | description
approved by the personnel board, specifying |
6 | | the duties expected of the
occupant of the position, the |
7 | | minimum requirements of education, training,
or experience |
8 | | required for the position, and any other information the
|
9 | | personnel board by rule may prescribe for inclusion in the |
10 | | position
descriptions. No position shall be filled, and no |
11 | | salary or other
remuneration paid to an occupant of a |
12 | | position, until the position has been
incorporated by the |
13 | | personnel board into the position classification plan.
|
14 | | (6) The code shall provide for the preparation, |
15 | | maintenance, and
revision of a pay plan. The pay plan |
16 | | shall be approved, and all revisions
to it shall be |
17 | | approved, by the board of commissioners. The pay plan |
18 | | shall
assign rates of pay to each position within the |
19 | | approved position
classification plan of the district. No |
20 | | salary for any position of
employment in the district |
21 | | shall be paid unless and until that position has
been |
22 | | lawfully included in the pay plan. Nothing in this Section |
23 | | shall
relieve the district from the obligation to bargain |
24 | | over rates of pay under
the Illinois Public Labor |
25 | | Relations Act or any other statute that regulates
the |
26 | | labor relations of the district.
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1 | | (7) The code shall provide that no disbursing or |
2 | | auditing officer of the
district shall make or approve any |
3 | | payment for personal service to any
person holding a |
4 | | position in the service of the district unless the payroll
|
5 | | voucher or account of the payment bears the certification |
6 | | of the
Director of Human Resources that each
person named |
7 | | therein has been
appointed and employed in accordance with |
8 | | the provisions of the personnel
code and the provisions of |
9 | | this Section. The certification shall be based
either upon |
10 | | verification of the individual items in each payroll |
11 | | period or
upon procedures developed for avoiding |
12 | | unnecessary repetitive verification
when other evidence of |
13 | | compliance with applicable laws and rules is
available. |
14 | | The procedures may be based either upon a continuation of
|
15 | | payroll preparation by individual departments or upon the |
16 | | use of a central
payroll preparation unit. The Director of |
17 | | Human Resources shall furnish
the personnel board with a |
18 | | copy of each payroll as certified.
|
19 | | (Source: P.A. 91-918, eff. 7-7-00.)
|
20 | | Section 205. The Metropolitan Water Reclamation District |
21 | | Act is amended by changing Section 11.3 as follows:
|
22 | | (70 ILCS 2605/11.3) (from Ch. 42, par. 331.3)
|
23 | | Sec. 11.3.
Except as provided in Sections 11.4 and 11.5, |
24 | | all purchase
orders or contracts involving amounts in excess |
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1 | | of the mandatory competitive
bid
threshold
and made by or on |
2 | | behalf of the sanitary district for labor, services or work,
|
3 | | the
purchase, lease or sale of personal property, materials, |
4 | | equipment or
supplies, or the granting of any concession, |
5 | | shall be let by free and
open competitive bidding after |
6 | | advertisement, to the lowest responsible
bidder or to the |
7 | | highest responsible bidder, as the case may be,
depending upon |
8 | | whether the sanitary district is to expend or receive
money.
|
9 | | All such purchase orders or contracts which shall involve |
10 | | amounts
that will not exceed the mandatory competitive bid
|
11 | | threshold, shall also be let in the manner prescribed
above |
12 | | whenever practicable, except that after solicitation of bids, |
13 | | such
purchase orders or contracts may be let in the open |
14 | | market, in a manner
calculated to insure the best interests of |
15 | | the public. The provisions of
this section are subject to any |
16 | | contrary provisions contained in "An Act
concerning the use of |
17 | | Illinois mined coal in certain plants and institutions",
filed |
18 | | July 13, 1937, as heretofore and hereafter amended.
For |
19 | | purposes of this Section, the "mandatory competitive bid |
20 | | threshold" is a
dollar
amount equal to 0.1% of the total |
21 | | general fixed assets of the district as
reported in the
most |
22 | | recent required audit report. In no event, however, shall the |
23 | | mandatory
competitive
bid threshold dollar amount be less than |
24 | | $10,000 or more than $40,000.
|
25 | | If a unit of local government performs non-emergency |
26 | | construction, alteration, repair, improvement, or maintenance |
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1 | | work on the public way, the sanitary district may enter into an |
2 | | intergovernmental agreement with the unit of local government |
3 | | allowing similar construction work to be performed by the |
4 | | sanitary district on the same project, in an amount no greater |
5 | | than $100,000, to save taxpayer funds and eliminate |
6 | | duplication of government effort. The sanitary district and |
7 | | the other unit of local government shall, before work is |
8 | | performed by either unit of local government on a project, |
9 | | adopt a resolution by a majority vote of both governing bodies |
10 | | certifying work will occur at a specific location, the reasons |
11 | | why both units of local government require work to be |
12 | | performed in the same location, and the projected cost savings |
13 | | if work is performed by both units of local government on the |
14 | | same project. Officials or employees of the sanitary district |
15 | | may, if authorized by resolution, purchase in the open market |
16 | | any supplies, materials, equipment, or services for use within |
17 | | the project in an amount no greater than $100,000 without |
18 | | advertisement or without filing a requisition or estimate. A |
19 | | full written account of each project performed by the sanitary |
20 | | district and a requisition for the materials, supplies, |
21 | | equipment, and services used by the sanitary district required |
22 | | to complete the project must be submitted by the officials or |
23 | | employees authorized to make purchases to the board of |
24 | | trustees of the sanitary district no later than 30 days after |
25 | | purchase. The full written account must be available for |
26 | | public inspection for at least one year after expenditures are |
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1 | | made. |
2 | | Notwithstanding the provisions of this Section, the |
3 | | sanitary district is
expressly authorized to establish such |
4 | | procedures as it deems appropriate
to comply with state or |
5 | | federal regulations as to positive action affirmative action |
6 | | and
the utilization of small and minority businesses in |
7 | | construction and
procurement
contracts.
|
8 | | (Source: P.A. 100-882, eff. 8-14-18.)
|
9 | | Section 210. The Illinois Sports Facilities Authority Act |
10 | | is amended by changing Section 9 as follows:
|
11 | | (70 ILCS 3205/9) (from Ch. 85, par. 6009)
|
12 | | Sec. 9. Duties. In addition to the powers set forth |
13 | | elsewhere in
this Act, subject to the terms of any agreements |
14 | | with the holders of the
Authority's bonds or notes, the |
15 | | Authority shall:
|
16 | | (1) Comply with all zoning, building, and land use |
17 | | controls of the
municipality within which is located any |
18 | | stadium facility
owned by the Authority or for which the |
19 | | Authority provides financial
assistance.
|
20 | | (2) With respect to a facility owned or to be owned by |
21 | | the Authority,
enter or have entered into a management |
22 | | agreement with a tenant of the
Authority to operate the |
23 | | facility that requires the tenant to operate the
facility |
24 | | for a period at least as long as the term of any bonds |
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1 | | issued to
finance the development, establishment, |
2 | | construction, erection, acquisition,
repair, |
3 | | reconstruction, remodeling, adding to, extension, |
4 | | improvement,
equipping, operation, and maintenance of the |
5 | | facility. Such agreement shall
contain appropriate and |
6 | | reasonable provisions with respect to termination,
default |
7 | | and legal remedies.
|
8 | | (3) With respect to a facility owned or to be owned by |
9 | | a governmental
owner other than the Authority, enter into |
10 | | an assistance agreement with either
a governmental owner |
11 | | of a facility or its tenant, or both,
that requires the |
12 | | tenant, or if the tenant is not a party to the assistance
|
13 | | agreement requires the governmental owner to enter into an |
14 | | agreement with the
tenant that requires the tenant to use |
15 | | the facility for a period at least as
long as the term of |
16 | | any bonds issued to finance the reconstruction, |
17 | | renovation,
remodeling, extension or improvement of all or |
18 | | substantially all of the
facility.
|
19 | | (4) Create and maintain a separate financial reserve |
20 | | for repair and
replacement of capital assets of any |
21 | | facility owned by the Authority or for
which the Authority |
22 | | provides financial assistance and deposit into this |
23 | | reserve
not less than $1,000,000 per year for each such |
24 | | facility beginning at such time
as the Authority and the |
25 | | tenant, or the Authority and a governmental owner of a
|
26 | | facility, as applicable, shall agree.
|
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1 | | (5) In connection with prequalification of general |
2 | | contractors for the
construction of a new stadium facility |
3 | | or the reconstruction, renovation,
remodeling, extension, |
4 | | or improvement of all or substantially all of an
existing |
5 | | facility, the Authority shall require submission of a |
6 | | commitment
detailing how the general contractor will |
7 | | expend 25% or more of the dollar
value of the general |
8 | | contract with one or more minority-owned businesses
and 5% |
9 | | or more of the dollar value with one or more women-owned |
10 | | businesses. This commitment may be met by contractor's |
11 | | status as a minority-owned businesses or women-owned |
12 | | businesses, by a joint venture or by
subcontracting a |
13 | | portion of the work with or by purchasing materials for |
14 | | the
work from one or more such businesses, or by any |
15 | | combination thereof. Any
contract with the general |
16 | | contractor for construction of the new stadium
facility |
17 | | and any contract for the reconstruction, renovation, |
18 | | remodeling,
adding to, extension or improvement of all or |
19 | | substantially all of an
existing facility shall require |
20 | | the general contractor to meet the foregoing
obligations |
21 | | and shall require monthly reporting to the Authority with
|
22 | | respect to the status of the implementation of the |
23 | | contractor's positive action affirmative
action plan and |
24 | | compliance with that plan. This report shall be filed with
|
25 | | the General Assembly. The Authority shall establish
and |
26 | | maintain a positive action an affirmative action program |
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1 | | designed to promote equal
employment opportunity which |
2 | | specifies the goals and methods for increasing
|
3 | | participation by minorities and women in a representative |
4 | | mix of job
classifications required to perform the |
5 | | respective contracts. The
Authority shall file a report |
6 | | before March 1 of each year with the General
Assembly |
7 | | detailing its implementation of this paragraph. The terms |
8 | | "minority-owned businesses", "women-owned businesses", |
9 | | and "business owned by a person with a disability" have |
10 | | the meanings given to those terms in the Business |
11 | | Enterprise for Minorities, Women, and Persons with |
12 | | Disabilities Act.
|
13 | | (6) Provide for the construction of any new facility |
14 | | pursuant to one
or more contracts which require delivery |
15 | | of a completed facility at a fixed
maximum price to be |
16 | | insured or guaranteed by a third party determined by
the |
17 | | Authority to be financially capable of causing completion |
18 | | of
such construction of the new facility.
|
19 | | In connection with any assistance agreement with a |
20 | | governmental owner that
provides financial assistance for a |
21 | | facility to be used by a National Football
League team, the |
22 | | assistance agreement shall provide that the Authority or
its |
23 | | agent shall enter into the contract or contracts for the |
24 | | design and
construction services or design/build services for |
25 | | such facility and thereafter
transfer its rights and |
26 | | obligations under the contract or contracts to the
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1 | | governmental
owner of the facility. In seeking parties to |
2 | | provide design and construction
services or design/build |
3 | | services with respect to such facility, the Authority
may use |
4 | | such procurement procedures as it may determine, including, |
5 | | without
limitation, the selection of design professionals and |
6 | | construction managers or
design/builders as may be required by |
7 | | a team that is at risk, in whole or in
part, for the cost of |
8 | | design and construction of the facility.
|
9 | | An assistance agreement may not provide, directly or |
10 | | indirectly, for the
payment to the Chicago Park District of |
11 | | more than a total of $10,000,000 on
account of the District's |
12 | | loss of property or revenue in connection with the
renovation |
13 | | of a facility pursuant to the assistance agreement.
|
14 | | (Source: P.A. 100-391, eff. 8-25-17.)
|
15 | | Section 215. The Downstate Illinois Sports Facilities |
16 | | Authority Act is amended by changing Section 40 as follows:
|
17 | | (70 ILCS 3210/40)
|
18 | | Sec. 40. Duties.
|
19 | | (a) In addition to the powers set forth elsewhere in this |
20 | | Act, subject to
the terms of any agreements with the holders of |
21 | | the Authority's evidences of
indebtedness, the Authority shall |
22 | | do the following:
|
23 | | (1) Comply with all zoning, building, and land use |
24 | | controls of the
municipality within which is located any |
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1 | | stadium facility owned by the
Authority or for which the |
2 | | Authority provides financial assistance.
|
3 | | (2) Enter into a loan agreement with an owner of a |
4 | | facility to finance the
acquisition, construction, |
5 | | maintenance, or rehabilitation of the facility. The
|
6 | | agreement shall contain appropriate and reasonable |
7 | | provisions with respect to
termination, default, and legal |
8 | | remedies. The loan may be at below-market
interest rates.
|
9 | | (3) Create and maintain a financial reserve for repair |
10 | | and replacement of
capital assets.
|
11 | | (b) In a loan agreement for the construction of a new |
12 | | facility, in
connection with prequalification of general |
13 | | contractors for construction of the
facility, the Authority |
14 | | shall require that the owner of the facility require
|
15 | | submission of a commitment detailing how the general |
16 | | contractor will expend 25%
or more of the dollar value of the |
17 | | general contract with one or more minority-owned businesses |
18 | | and 5% or more of the dollar value with one or more women-owned |
19 | | businesses. This commitment may be met by contractor's status |
20 | | as a minority-owned businesses
or women-owned businesses, by a |
21 | | joint venture,
or by subcontracting a portion of the work with |
22 | | or by purchasing materials for
the work from one or more such |
23 | | businesses, or by any combination thereof. Any
contract with |
24 | | the general contractor for construction of the new facility |
25 | | shall
require the general contractor to meet the foregoing |
26 | | obligations and shall
require monthly reporting to the |
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1 | | Authority with respect to the status of the
implementation of |
2 | | the contractor's positive action affirmative action plan and |
3 | | compliance with
that plan. This report shall be filed with the |
4 | | General Assembly. The Authority
shall require that the |
5 | | facility owner establish and maintain a positive action an |
6 | | affirmative
action program designed to promote equal |
7 | | employment opportunity and that
specifies the goals and |
8 | | methods for increasing participation by minorities and
women |
9 | | in a representative mix of job classifications required to |
10 | | perform the
respective contracts. The Authority shall file a |
11 | | report before March 1 of each
year with the General Assembly |
12 | | detailing its implementation of this subsection.
The terms |
13 | | "minority-owned businesses" and "women-owned businesses" have
|
14 | | the meanings provided in the Business Enterprise for |
15 | | Minorities, Women, and
Persons with Disabilities Act.
|
16 | | (c) With respect to a facility owned or to be owned by the |
17 | | Authority, enter
or have entered into a management agreement |
18 | | with a tenant of the Authority to
operate the facility that |
19 | | requires the tenant to operate the facility for a
period at |
20 | | least as long as the term of any bonds issued to finance the
|
21 | | development, establishment, construction, erection, |
22 | | acquisition, repair,
reconstruction, remodeling, adding to, |
23 | | extension, improvement, equipping,
operation, and maintenance |
24 | | of the facility. Such agreement shall contain
appropriate and |
25 | | reasonable provisions with respect to termination, default, |
26 | | and
legal remedies.
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1 | | (Source: P.A. 100-391, eff. 8-25-17.)
|
2 | | Section 220. The Regional Transportation Authority Act is |
3 | | amended by changing Sections 2.02, 2.14, 3A.05, and 3B.05 as |
4 | | follows:
|
5 | | (70 ILCS 3615/2.02) (from Ch. 111 2/3, par. 702.02)
|
6 | | Sec. 2.02. Purchase of service contracts; grants. |
7 | | (a) The Service Boards
may purchase public transportation |
8 | | from transportation agencies upon
such terms and conditions as |
9 | | may be set forth in purchase of service
agreements between the |
10 | | Service Boards and the transportation agencies.
|
11 | | (b) Grants may be made either by: (i) the Authority to a |
12 | | Service
Board; or (ii) a Service Board to either a |
13 | | transportation agency or another
Service Board, all for
|
14 | | operating and other expenses, or for developing or planning |
15 | | public
transportation or for constructing or acquiring public |
16 | | transportation
facilities, all upon such terms and conditions |
17 | | as that Service Board or
the Authority shall
prescribe or as |
18 | | that Service Board and the Authority or that Service
Board and |
19 | | the transportation
agency shall agree
in any grant contract.
|
20 | | (c) The Board shall adopt, to the extent it determines |
21 | | feasible,
guidelines setting forth uniform standards for the |
22 | | making of grants and
purchase of service agreements. Such |
23 | | grant contracts or purchase of
service agreements may be for |
24 | | such number of years or duration as the
parties shall agree.
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1 | | Any purchase of service agreement with a transportation |
2 | | agency which
is not a public body shall be upon terms and |
3 | | conditions which will allow
the transportation agency to |
4 | | receive for the public transportation
provided pursuant to the |
5 | | agreement net income, after reasonable
deductions for |
6 | | depreciation and other proper and necessary reserves,
equal to |
7 | | an amount which is a reasonable return upon the value of such
|
8 | | portion of the transportation agency's property as is used and |
9 | | useful in
rendering such transportation service. This |
10 | | paragraph shall be construed
in a manner consistent with the |
11 | | principles applicable to such a
transportation agency in rate |
12 | | proceedings under the Public Utilities Act.
This paragraph |
13 | | shall not be construed to provide for the funding of
reserves |
14 | | or guarantee that such a transportation agency shall in fact
|
15 | | receive any return. A Service Board shall, within
180 days |
16 | | after receiving
a written request from a transportation agency |
17 | | which is not a public
body, tender and offer to enter into with |
18 | | such transportation agency a
purchase of service agreement |
19 | | that is in conformity with this Act and
that covers the public |
20 | | transportation services by rail (other than
experimental or |
21 | | demonstration services) which such agency is providing
at the |
22 | | time of such request and which services either were in |
23 | | operation
for at least one year immediately preceding the |
24 | | effective date of this
Act or were in operation pursuant to a |
25 | | purchase of service or grant
agreement with the Authority or |
26 | | Service Board. No such tender by a
Service Board need be
made |
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1 | | before April 1, 1975. The first purchase of service agreement |
2 | | so
requested shall not, unless the parties agree otherwise, |
3 | | become
effective prior to June 30, 1975. If, following such a |
4 | | request and
tender, a Service Board and the transportation |
5 | | agency
do not agree upon
the amount of compensation to be |
6 | | provided to the agency by the Service
Board
under the purchase |
7 | | of service agreement or fares and charges under the
purchase |
8 | | of service agreement, either of them may submit such |
9 | | unresolved
issues to the Illinois Commerce Commission for |
10 | | determination. The
Commission shall determine the unresolved |
11 | | issues in conformity with this
Act. The Commission's |
12 | | determination shall be set forth in writing,
together with |
13 | | such terms as are agreed by the parties and any other
|
14 | | unresolved terms as tendered by the Service Board, in
a single |
15 | | document
which shall constitute the entire purchase of service |
16 | | agreement between
the Service Board and the transportation |
17 | | agency, which
agreement, in the
absence of contrary agreement |
18 | | by the parties, shall be for a term of 3
years effective as of |
19 | | July 1, 1975, or, if the agreement is requested to
succeed a |
20 | | currently effective or recently expired purchase of service
|
21 | | agreement between the parties, as of the date of such |
22 | | expiration. The
decision of the Commission shall be binding |
23 | | upon the Service Board and the
transportation agency, subject |
24 | | to judicial review as provided in the Public Utilities Act, |
25 | | but the parties may at any time mutually amend or
terminate a |
26 | | purchase of service agreement. Prompt settlement between the
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1 | | parties shall be made of any sums owing under the terms of the |
2 | | purchase
of service agreement so established for public |
3 | | transportation services
performed on and after the effective |
4 | | date of any such agreement.
If the Authority reduces the |
5 | | amount of operating subsidy available to
a Service Board under |
6 | | the provisions of Section 4.09 or Section 4.11,
the Service |
7 | | Board shall,
from those funds available to it under Section |
8 | | 4.02, first discharge its
financial obligations under the |
9 | | terms of a purchase of service contract to
any transportation |
10 | | agency which is not a public
body, unless such transportation |
11 | | agency has failed to take any action
requested by the Service |
12 | | Board, which
under the terms of the purchase of service |
13 | | contract the Service Board can
require the transportation |
14 | | agency to take, which would have the effect
of reducing the |
15 | | financial obligation of the Service Board to the |
16 | | transportation
agency.
The provisions of this paragraph (c) |
17 | | shall not preclude a Service Board and a
transportation agency |
18 | | from otherwise entering into a purchase of service
or grant |
19 | | agreement in conformity with this Act or an agreement for the
|
20 | | Authority or a Service Board to purchase or a Service Board to |
21 | | operate
that agency's public transportation
facilities, and |
22 | | shall not limit the exercise of the right of eminent
domain by |
23 | | the Authority pursuant to this Act.
|
24 | | (d) Any transportation agency providing public |
25 | | transportation
pursuant to a purchase of service or grant |
26 | | agreement with the Authority
or a Service Board shall be |
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1 | | subject to the Illinois Human Rights
Act and the remedies and |
2 | | procedures established
thereunder. Such agency shall file a |
3 | | positive action an affirmative action program for
employment |
4 | | by it with regard to public transportation so provided with
|
5 | | the Department of Human Rights
within one year of the purchase
|
6 | | of service or grant agreement, to ensure that applicants are |
7 | | employed
and that employees are treated during employment, |
8 | | without unlawful discrimination.
Such positive action |
9 | | affirmative
action program shall include provisions relating |
10 | | to hiring, upgrading,
demotion, transfer, recruitment, |
11 | | recruitment advertising, selection for
training and rates of |
12 | | pay or other forms of compensation. No
unlawful discrimination |
13 | | as defined and prohibited in the Illinois Human
Rights Act in |
14 | | any such employment shall be made in any term or
aspect of |
15 | | employment and discrimination based upon
political reasons or |
16 | | factors shall be prohibited.
|
17 | | (e) A Service Board, subject to the provisions of |
18 | | paragraph (c) of this Section,
may not discriminate against a |
19 | | transportation agency with which it
has a purchase of service |
20 | | contract or grant agreement in any condition affecting
the |
21 | | operation of the public transportation facility including the |
22 | | level
of subsidy provided, the quality or standard of public |
23 | | transportation to
be provided or in meeting the financial |
24 | | obligations to transportation agencies
under the terms of a |
25 | | purchase of service or grant contract. Any transportation
|
26 | | agency that believes that a Service Board is discriminating |
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1 | | against it may,
after attempting to resolve the alleged |
2 | | discrimination by meeting with the
Service Board with which it |
3 | | has a purchase of service or grant contract,
appeal to the |
4 | | Authority. The Board shall name 3 of its members, other than
a |
5 | | member of the board of the concerned Service Board, to serve as |
6 | | a panel
to arbitrate the dispute. The panel shall render a |
7 | | recommended decision
to the Board which shall be binding on |
8 | | the Service Board and the transportation
agency if adopted by |
9 | | the Board. The panel may not require the Service Board
to take |
10 | | any action which would increase the
operating budget of the |
11 | | Service Board. The decision of the Board shall
be enforceable |
12 | | in a court of general jurisdiction.
|
13 | | (Source: P.A. 100-863, eff. 8-14-18.)
|
14 | | (70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14)
|
15 | | Sec. 2.14. Appointment of Officers and Employees. The |
16 | | Authority may appoint,
retain and employ officers, attorneys, |
17 | | agents, engineers and employees.
The officers shall include an |
18 | | Executive Director, who shall be the chief
executive officer |
19 | | of the Authority, appointed by the Chairman with the |
20 | | concurrence
of 11
of the other then Directors of the Board. The |
21 | | Executive Director
shall organize the staff of the Authority, |
22 | | shall
allocate their functions and duties, shall transfer such |
23 | | staff to the
Suburban Bus Division and the Commuter Rail
|
24 | | Division as is sufficient to meet their purposes, shall fix |
25 | | compensation
and conditions of employment of the staff of the |
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1 | | Authority, and consistent
with the policies of and direction |
2 | | from the Board, take all actions
necessary to achieve its |
3 | | purposes, fulfill
its responsibilities and carry out its |
4 | | powers, and shall have such other
powers and responsibilities |
5 | | as the Board shall determine. The Executive
Director must be |
6 | | an individual
of proven transportation and management skills |
7 | | and may not be a member of
the Board. The Authority may employ |
8 | | its own professional
management personnel to provide |
9 | | professional and technical expertise concerning
its purposes |
10 | | and powers and to assist it in assessing the performance of the
|
11 | | Service Boards in the metropolitan region.
|
12 | | No employee, officer, or agent of the Authority may |
13 | | receive a bonus that exceeds 10% of his or her annual salary |
14 | | unless that bonus has been reviewed by the Board for a period |
15 | | of 14 days. After 14 days, the contract shall be considered |
16 | | reviewed. This Section does not apply to usual and customary |
17 | | salary adjustments. |
18 | | No unlawful discrimination, as defined and prohibited in |
19 | | the Illinois Human
Rights Act, shall be made in any term or |
20 | | aspect of employment
nor shall there be discrimination based |
21 | | upon political reasons or
factors. The Authority shall |
22 | | establish regulations to insure that its
discharges shall not |
23 | | be arbitrary and that hiring and promotion are
based on merit.
|
24 | | The Authority shall be subject to the "Illinois Human |
25 | | Rights
Act", as now or hereafter amended, and the remedies and |
26 | | procedure
established thereunder. The Authority shall file a |
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1 | | positive action an affirmative action
program for employment |
2 | | by it with the Department of Human Rights to ensure
that |
3 | | applicants are
employed and that employees are treated during |
4 | | employment, without
regard to unlawful discrimination. Such a |
5 | | positive action affirmative
action program shall include |
6 | | provisions relating to hiring, upgrading,
demotion, transfer, |
7 | | recruitment, recruitment advertising, selection for
training |
8 | | and rates of pay or other forms of compensation.
|
9 | | (Source: P.A. 98-1027, eff. 1-1-15 .)
|
10 | | (70 ILCS 3615/3A.05) (from Ch. 111 2/3, par. 703A.05)
|
11 | | Sec. 3A.05. Appointment of officers and employees. The |
12 | | Suburban Bus
Board shall appoint an Executive Director who |
13 | | shall be the chief executive
officer of the Division, |
14 | | appointed, retained or dismissed with the concurrence
of 9 of |
15 | | the directors of the Suburban Bus Board. The Executive |
16 | | Director
shall appoint, retain and employ officers, attorneys, |
17 | | agents, engineers,
employees and shall organize the staff, |
18 | | shall allocate their functions and
duties, fix compensation |
19 | | and conditions of employment, and consistent with
the policies |
20 | | of and direction
from the Suburban Bus Board take all actions |
21 | | necessary to achieve its purposes,
fulfill its |
22 | | responsibilities and carry out its powers, and shall have such
|
23 | | other powers and responsibilities as the Suburban Bus Board |
24 | | shall determine.
The Executive Director shall be an individual |
25 | | of proven transportation and
management skills and may not be |
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1 | | a member of the Suburban Bus Board. The
Division may employ its |
2 | | own professional management personnel to provide
professional |
3 | | and technical expertise concerning its purposes
and powers and |
4 | | to assist it in assessing the performance of transportation
|
5 | | agencies in the metropolitan region.
|
6 | | No employee, officer, or agent of the Suburban Bus Board |
7 | | may receive a bonus that exceeds 10% of his or her annual |
8 | | salary unless that bonus has been reviewed by the Regional |
9 | | Transportation Authority Board for a period of 14 days. After |
10 | | 14 days, the contract shall be considered reviewed. This |
11 | | Section does not apply to usual and customary salary |
12 | | adjustments. |
13 | | No unlawful discrimination, as defined and prohibited in |
14 | | the Illinois Human
Rights Act, shall be made in any term or |
15 | | aspect of employment nor shall
there be discrimination based |
16 | | upon political reasons or factors. The Suburban
Bus Board |
17 | | shall establish regulations to insure that its discharges |
18 | | shall
not be arbitrary and that hiring and promotion are based |
19 | | on merit.
|
20 | | The Division shall be subject to the "Illinois Human |
21 | | Rights Act", as now
or hereafter amended, and the remedies and |
22 | | procedure established thereunder.
The Suburban Bus Board shall |
23 | | file a positive action an affirmative action program for |
24 | | employment
by it with the Department of Human Rights to ensure |
25 | | that applicants are
employed and that employees are treated |
26 | | during employment, without regard
to unlawful discrimination. |
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1 | | Such positive action affirmative action program shall include
|
2 | | provisions relating
to hiring, upgrading, demotion, transfer, |
3 | | recruitment, recruitment advertising,
selection for training |
4 | | and rates of pay or other forms of compensation.
|
5 | | (Source: P.A. 98-1027, eff. 1-1-15 .)
|
6 | | (70 ILCS 3615/3B.05) (from Ch. 111 2/3, par. 703B.05)
|
7 | | Sec. 3B.05. Appointment of officers and employees. The |
8 | | Commuter Rail
Board shall appoint an Executive Director who |
9 | | shall
be the chief executive officer of the Division, |
10 | | appointed, retained or dismissed
with the concurrence of 8
of |
11 | | the directors of the Commuter Rail Board.
The Executive |
12 | | Director shall appoint, retain and employ officers, attorneys,
|
13 | | agents, engineers, employees and shall organize the staff, |
14 | | shall allocate
their functions and duties, fix compensation |
15 | | and conditions of employment,
and consistent with the policies
|
16 | | of and direction from the Commuter Rail Board take all actions |
17 | | necessary
to achieve its purposes, fulfill its |
18 | | responsibilities and carry out its
powers, and shall have
such |
19 | | other powers and responsibilities as the Commuter Rail Board |
20 | | shall
determine. The Executive Director shall be an individual |
21 | | of proven transportation
and management skills and may not be |
22 | | a member of the Commuter Rail Board.
The Division may employ |
23 | | its own professional management personnel to provide
|
24 | | professional and technical expertise concerning its purposes |
25 | | and powers
and to assist it in assessing the performance of |
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1 | | transportation agencies
in the metropolitan region.
|
2 | | No employee, officer, or agent of the Commuter Rail Board |
3 | | may receive a bonus that exceeds 10% of his or her annual |
4 | | salary unless that bonus has been reviewed by the Regional |
5 | | Transportation Authority Board for a period of 14 days. After |
6 | | 14 days, the contract shall be considered reviewed. This |
7 | | Section does not apply to usual and customary salary |
8 | | adjustments. |
9 | | No unlawful discrimination, as defined and prohibited in |
10 | | the Illinois Human
Rights Act, shall be made in any term or |
11 | | aspect of employment nor shall
there be discrimination based |
12 | | upon political reasons or factors. The Commuter
Rail Board |
13 | | shall establish regulations to insure that its discharges |
14 | | shall
not be arbitrary and that hiring and promotion are based |
15 | | on merit.
|
16 | | The Division shall be subject to the "Illinois Human |
17 | | Rights Act", as now
or hereafter amended, and the remedies and |
18 | | procedure established thereunder.
The Commuter Rail Board |
19 | | shall file a positive action an affirmative action program for |
20 | | employment
by it with the Department of Human Rights to ensure |
21 | | that applicants are
employed and that employees are treated |
22 | | during employment, without regard
to unlawful discrimination. |
23 | | Such positive action affirmative action program shall include
|
24 | | provisions relating to hiring, upgrading, demotion, transfer, |
25 | | recruitment,
recruitment advertising, selection for training |
26 | | and rates of pay or other
forms of compensation.
|
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1 | | (Source: P.A. 98-1027, eff. 1-1-15 .)
|
2 | | Section 225. The School Code is amended by changing |
3 | | Sections 10-23.5 and 24-12 as follows:
|
4 | | (105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
|
5 | | Sec. 10-23.5. Educational support personnel employees. |
6 | | (a) To employ such
educational support personnel employees |
7 | | as it deems advisable and to define
their employment duties; |
8 | | provided that residency within any school district
shall not |
9 | | be considered in determining the employment or the |
10 | | compensation of
any such employee, or whether to retain, |
11 | | promote, assign or transfer such
employee. If an educational |
12 | | support personnel employee is removed or dismissed
or the |
13 | | hours he or she works are reduced as a result of a decision of |
14 | | the school board (i) to decrease the number of
educational |
15 | | support personnel employees employed by the board or (ii) to |
16 | | discontinue
some particular type of educational support |
17 | | service, written notice shall be
mailed to the employee and |
18 | | also given to the employee either by certified mail,
return |
19 | | receipt requested, or personal delivery with receipt, at least |
20 | | 30 days before the employee is removed or dismissed or the |
21 | | hours he or she works are reduced, together with a statement of |
22 | | honorable dismissal and the reason
therefor if applicable. |
23 | | However, if a reduction in hours is due to an unforeseen |
24 | | reduction in the student population, then the written notice |
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1 | | must be mailed and given to the employee at least 5 days before |
2 | | the hours are reduced. The employee with the shorter length of |
3 | | continuing service with the
district, within the respective |
4 | | category of position, shall be dismissed first
unless an |
5 | | alternative method of determining the sequence of dismissal is
|
6 | | established in a collective bargaining agreement or contract |
7 | | between the
board and any exclusive bargaining agent and |
8 | | except that this provision shall
not impair the operation of |
9 | | any positive action affirmative action program in the |
10 | | district,
regardless of whether it exists by operation of law |
11 | | or is conducted on a
voluntary basis by the board. If the board |
12 | | has any vacancies for the following
school term or within one |
13 | | calendar year from the beginning of the following
school term, |
14 | | the positions thereby becoming available within a specific
|
15 | | category of position shall be tendered to the employees so |
16 | | removed or dismissed
from that category or any other category |
17 | | of position, so far as they are qualified to hold such
|
18 | | positions. Each board shall, in consultation with any |
19 | | exclusive employee
representative or bargaining agent, each |
20 | | year establish a list, categorized
by positions, showing the |
21 | | length of continuing service of each full time
educational |
22 | | support personnel employee who is qualified to hold any such
|
23 | | positions, unless an alternative method of determining a |
24 | | sequence of dismissal
is established as
provided for in this |
25 | | Section, in which case a list shall be made in
accordance with |
26 | | the alternative method. Copies of the list shall be
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1 | | distributed to the exclusive employee representative or |
2 | | bargaining agent on
or before February 1 of each year. |
3 | | If an educational support personnel employee is removed or |
4 | | dismissed as a result of a decision of the board to decrease |
5 | | the number of educational support personnel employed by the |
6 | | board or to discontinue some particular type of educational |
7 | | support service and he or she accepts the tender of a vacancy |
8 | | within one calendar year from the beginning of the following |
9 | | school term, then that employee shall maintain any rights |
10 | | accrued during his or her previous service with the school |
11 | | district. |
12 | | Where an educational support personnel
employee is |
13 | | dismissed by the board as a result of a
decrease in the number |
14 | | of employees or the discontinuance of the employee's
job, the |
15 | | employee shall be paid all earned compensation on or before |
16 | | the
next regular pay date following his or her last day of |
17 | | employment.
|
18 | | The provisions of this amendatory Act of 1986 relating to |
19 | | residency
within any school district shall not apply to cities |
20 | | having a population
exceeding 500,000 inhabitants.
|
21 | | (b) In the case of a new school district or districts |
22 | | formed in accordance with Article 11E of this Code, a school |
23 | | district or districts that annex all of the territory of one or |
24 | | more entire other school districts in accordance with Article |
25 | | 7 of this Code, or a school district receiving students from a |
26 | | deactivated school facility in accordance with Section |
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1 | | 10-22.22b of this Code, the employment of educational support |
2 | | personnel in the new, annexing, or receiving school district |
3 | | immediately following the reorganization shall be governed by |
4 | | this subsection (b). Lists of the educational support |
5 | | personnel employed in the individual districts for the school |
6 | | year immediately prior to the effective date of the new |
7 | | district or districts, annexation, or deactivation shall be |
8 | | combined for the districts forming the new district or |
9 | | districts, for the annexed and annexing districts, or for the |
10 | | deactivating and receiving districts, as the case may be. The |
11 | | combined list shall be categorized by positions, showing the |
12 | | length of continuing service of each full-time educational |
13 | | support personnel employee who is qualified to hold any such |
14 | | position. If there are more full-time educational support |
15 | | personnel employees on the combined list than there are |
16 | | available positions in the new, annexing, or receiving school |
17 | | district, then the employing school board shall first remove |
18 | | or dismiss those educational support personnel employees with |
19 | | the shorter length of continuing service within the respective |
20 | | category of position, following the procedures outlined in |
21 | | subsection (a) of this Section. The employment and position of |
22 | | each educational support personnel employee on the combined |
23 | | list not so removed or dismissed shall be transferred to the |
24 | | new, annexing, or receiving school board, and the new, |
25 | | annexing, or receiving school board is subject to this Code |
26 | | with respect to any educational support personnel employee so |
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1 | | transferred as if the educational support personnel employee |
2 | | had been the new, annexing, or receiving board's employee |
3 | | during the time the educational support personnel employee was |
4 | | actually employed by the school board of the district from |
5 | | which the employment and position were transferred. |
6 | | The changes made by Public Act 95-148
shall not apply to |
7 | | the formation of a new district or districts in accordance |
8 | | with Article 11E of this Code, the annexation of one or more |
9 | | entire districts in accordance with Article 7 of this Code, or |
10 | | the deactivation of a school facility in accordance with |
11 | | Section 10-22.22b of this Code effective on or before July 1, |
12 | | 2007.
|
13 | | (Source: P.A. 101-46, eff. 7-12-19.)
|
14 | | (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
|
15 | | Sec. 24-12. Removal or dismissal of teachers in |
16 | | contractual
continued service. |
17 | | (a) This subsection (a) applies only to honorable |
18 | | dismissals and recalls in which the notice of dismissal is |
19 | | provided on or before the end of the 2010-2011 school term. If |
20 | | a teacher in contractual continued service is
removed or |
21 | | dismissed as a result of a decision of the board to decrease
|
22 | | the number of teachers employed by the board or to discontinue |
23 | | some
particular type of teaching service, written notice shall |
24 | | be mailed to the
teacher and also given the
teacher either by |
25 | | certified mail, return receipt requested or
personal delivery |
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1 | | with receipt at least 60
days before
the end of the school |
2 | | term, together with a statement of honorable
dismissal and the |
3 | | reason therefor, and in all such cases the board shall
first |
4 | | remove or dismiss all teachers who have not entered upon |
5 | | contractual
continued service before removing or dismissing |
6 | | any teacher who has entered
upon contractual continued service |
7 | | and who is legally qualified to hold a
position currently held |
8 | | by a teacher who has not entered upon contractual
continued |
9 | | service. |
10 | | As between teachers who have entered upon contractual
|
11 | | continued service, the teacher or teachers with the shorter |
12 | | length of
continuing service with the district shall be |
13 | | dismissed first
unless an alternative method of determining |
14 | | the sequence of dismissal is
established in a collective |
15 | | bargaining agreement or contract between the
board and a |
16 | | professional faculty members' organization and except that
|
17 | | this provision shall not impair the operation of any positive |
18 | | action affirmative action
program in the district, regardless |
19 | | of whether it exists by operation of
law or is conducted on a |
20 | | voluntary basis by the board. Any teacher
dismissed as a |
21 | | result of such decrease or discontinuance shall be paid
all |
22 | | earned compensation on or before the third business day |
23 | | following
the last day of pupil attendance in the regular |
24 | | school term. |
25 | | If the
board has any vacancies for the following school |
26 | | term or within one
calendar year from the beginning of the |
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1 | | following school term, the
positions thereby becoming |
2 | | available shall be tendered to the teachers
so removed or |
3 | | dismissed so far as they are legally qualified to hold
such |
4 | | positions; provided, however, that if the number of honorable
|
5 | | dismissal notices based on economic necessity exceeds 15% of |
6 | | the number of full-time
equivalent positions filled by |
7 | | certified employees (excluding
principals and administrative |
8 | | personnel) during the preceding school year,
then if the board |
9 | | has any vacancies for the following school term or within
2 |
10 | | calendar years from the beginning of the following
school |
11 | | term, the positions so becoming available shall be tendered to |
12 | | the
teachers who were so notified and removed or dismissed |
13 | | whenever they are
legally qualified to hold such positions. |
14 | | Each board shall, in consultation
with any exclusive employee |
15 | | representatives, each year establish a list,
categorized by |
16 | | positions, showing the length of continuing service of each
|
17 | | teacher who is qualified to hold any such positions, unless an |
18 | | alternative
method of determining a sequence of dismissal is |
19 | | established as provided
for in this Section, in which case a |
20 | | list shall be made in accordance with
the alternative method. |
21 | | Copies of the list shall be distributed to the
exclusive |
22 | | employee representative on or before February 1 of each year.
|
23 | | Whenever the number of honorable dismissal notices based upon |
24 | | economic
necessity exceeds 5, or 150% of the average number of |
25 | | teachers honorably
dismissed in the preceding 3 years, |
26 | | whichever is more, then the board also
shall hold a public |
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1 | | hearing on the question of the dismissals. Following
the |
2 | | hearing and board review, the action to approve any such |
3 | | reduction shall
require a majority vote of the board members.
|
4 | | (b) This subsection (b) applies only to honorable |
5 | | dismissals and recalls in which the notice of dismissal is |
6 | | provided during the 2011-2012 school term or a subsequent |
7 | | school term. If any teacher, whether or not in contractual |
8 | | continued service, is removed or dismissed as a result of a |
9 | | decision of a school board to decrease the number of teachers |
10 | | employed by the board, a decision of a school board to |
11 | | discontinue some particular type of teaching service, or a |
12 | | reduction in the number of programs or positions in a special |
13 | | education joint agreement, then written notice must be mailed |
14 | | to the teacher and also given to the teacher either by |
15 | | electronic mail, certified mail, return receipt requested, or |
16 | | personal delivery with receipt at least 45 days before the end |
17 | | of the school term, together with a statement of honorable |
18 | | dismissal and the reason therefor, and in all such cases the |
19 | | sequence of dismissal shall occur in accordance with this |
20 | | subsection (b); except that this subsection (b) shall not |
21 | | impair the operation of any positive action affirmative action |
22 | | program in the school district, regardless of whether it |
23 | | exists by operation of law or is conducted on a voluntary basis |
24 | | by the board. |
25 | | Each teacher must be categorized into one or more |
26 | | positions for which the teacher is qualified to hold, based |
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1 | | upon legal qualifications and any other qualifications |
2 | | established in a district or joint agreement job description, |
3 | | on or before the May 10 prior to the school year during which |
4 | | the sequence of dismissal is determined. Within each position |
5 | | and subject to agreements made by the joint committee on |
6 | | honorable dismissals that are authorized by subsection (c) of |
7 | | this Section, the school district or joint agreement must |
8 | | establish 4 groupings of teachers qualified to hold the |
9 | | position as follows: |
10 | | (1) Grouping one shall consist of each teacher who is |
11 | | not in contractual continued service and who (i) has not |
12 | | received a performance evaluation rating, (ii) is employed |
13 | | for one school term or less to replace a teacher on leave, |
14 | | or (iii) is employed on a part-time basis. "Part-time |
15 | | basis" for the purposes of this subsection (b) means a |
16 | | teacher who is employed to teach less than a full-day, |
17 | | teacher workload or less than 5 days of the normal student |
18 | | attendance week, unless otherwise provided for in a |
19 | | collective bargaining agreement between the district and |
20 | | the exclusive representative of the district's teachers. |
21 | | For the purposes of this Section, a teacher (A) who is |
22 | | employed as a full-time teacher but who actually teaches |
23 | | or is otherwise present and participating in the |
24 | | district's educational program for less than a school term |
25 | | or (B) who, in the immediately previous school term, was |
26 | | employed on a full-time basis and actually taught or was |
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1 | | otherwise present and participated in the district's |
2 | | educational program for 120 days or more is not considered |
3 | | employed on a part-time basis. |
4 | | (2) Grouping 2 shall consist of each teacher with a |
5 | | Needs Improvement or Unsatisfactory performance evaluation |
6 | | rating on either of the teacher's last 2 performance |
7 | | evaluation ratings. |
8 | | (3) Grouping 3 shall consist of each teacher with a |
9 | | performance evaluation rating of at least Satisfactory or |
10 | | Proficient on both of the teacher's last 2 performance |
11 | | evaluation ratings, if 2 ratings are available, or on the |
12 | | teacher's last performance evaluation rating, if only one |
13 | | rating is available, unless the teacher qualifies for |
14 | | placement into grouping 4. |
15 | | (4) Grouping 4 shall consist of each teacher whose |
16 | | last 2 performance evaluation ratings are Excellent and |
17 | | each teacher with 2 Excellent performance evaluation |
18 | | ratings out of the teacher's last 3 performance evaluation |
19 | | ratings with a third rating of Satisfactory or Proficient. |
20 | | Among teachers qualified to hold a position, teachers must |
21 | | be dismissed in the order of their groupings, with teachers in |
22 | | grouping one dismissed first and teachers in grouping 4 |
23 | | dismissed last. |
24 | | Within grouping one, the sequence of dismissal must be at |
25 | | the discretion of the school district or joint agreement. |
26 | | Within grouping 2, the sequence of dismissal must be based |
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1 | | upon average performance evaluation ratings, with the teacher |
2 | | or teachers with the lowest average performance evaluation |
3 | | rating dismissed first. A teacher's average performance |
4 | | evaluation rating must be calculated using the average of the |
5 | | teacher's last 2 performance evaluation ratings, if 2 ratings |
6 | | are available, or the teacher's last performance evaluation |
7 | | rating, if only one rating is available, using the following |
8 | | numerical values: 4 for Excellent; 3 for Proficient or |
9 | | Satisfactory; 2 for Needs Improvement; and 1 for |
10 | | Unsatisfactory. As between or among teachers in grouping 2 |
11 | | with the same average performance evaluation rating and within |
12 | | each of groupings 3 and 4, the teacher or teachers with the |
13 | | shorter length of continuing service with the school district |
14 | | or joint agreement must be dismissed first unless an |
15 | | alternative method of determining the sequence of dismissal is |
16 | | established in a collective bargaining agreement or contract |
17 | | between the board and a professional faculty members' |
18 | | organization. |
19 | | Each board, including the governing board of a joint |
20 | | agreement, shall, in consultation with any exclusive employee |
21 | | representatives, each year establish a sequence of honorable |
22 | | dismissal list categorized by positions and the groupings |
23 | | defined in this subsection (b). Copies of the list showing |
24 | | each teacher by name and categorized by positions and the |
25 | | groupings defined in this subsection (b) must be distributed |
26 | | to the exclusive bargaining representative at least 75 days |
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1 | | before the end of the school term, provided that the school |
2 | | district or joint agreement may, with notice to any exclusive |
3 | | employee representatives, move teachers from grouping one into |
4 | | another grouping during the period of time from 75 days until |
5 | | 45 days before the end of the school term. Each year, each |
6 | | board shall also establish, in consultation with any exclusive |
7 | | employee representatives, a list showing the length of |
8 | | continuing service of each teacher who is qualified to hold |
9 | | any such positions, unless an alternative method of |
10 | | determining a sequence of dismissal is established as provided |
11 | | for in this Section, in which case a list must be made in |
12 | | accordance with the alternative method. Copies of the list |
13 | | must be distributed to the exclusive employee representative |
14 | | at least 75 days before the end of the school term. |
15 | | Any teacher dismissed as a result of such decrease or |
16 | | discontinuance must be paid all earned compensation on or |
17 | | before the third business day following the last day of pupil |
18 | | attendance in the regular school term. |
19 | | If the board or joint agreement has any vacancies for the |
20 | | following school term or within one calendar year from the |
21 | | beginning of the following school term, the positions thereby |
22 | | becoming available must be tendered to the teachers so removed |
23 | | or dismissed who were in grouping 3 or 4 of the sequence of |
24 | | dismissal and are qualified to hold the positions, based upon |
25 | | legal qualifications and any other qualifications established |
26 | | in a district or joint agreement job description, on or before |
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1 | | the May 10 prior to the date of the positions becoming |
2 | | available, provided that if the number of honorable dismissal |
3 | | notices based on economic necessity exceeds 15% of the number |
4 | | of full-time equivalent positions filled by certified |
5 | | employees (excluding principals and administrative personnel) |
6 | | during the preceding school year, then the recall period is |
7 | | for the following school term or within 2 calendar years from |
8 | | the beginning of the following school term. If the board or |
9 | | joint agreement has any vacancies within the period from the |
10 | | beginning of the following school term through February 1 of |
11 | | the following school term (unless a date later than February |
12 | | 1, but no later than 6 months from the beginning of the |
13 | | following school term, is established in a collective |
14 | | bargaining agreement), the positions thereby becoming |
15 | | available must be tendered to the teachers so removed or |
16 | | dismissed who were in grouping 2 of the sequence of dismissal |
17 | | due to one "needs improvement" rating on either of the |
18 | | teacher's last 2 performance evaluation ratings, provided |
19 | | that, if 2 ratings are available, the other performance |
20 | | evaluation rating used for grouping purposes is |
21 | | "satisfactory", "proficient", or "excellent", and are |
22 | | qualified to hold the positions, based upon legal |
23 | | qualifications and any other qualifications established in a |
24 | | district or joint agreement job description, on or before the |
25 | | May 10 prior to the date of the positions becoming available. |
26 | | On and after July 1, 2014 (the effective date of Public Act |
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1 | | 98-648), the preceding sentence shall apply to teachers |
2 | | removed or dismissed by honorable dismissal, even if notice of |
3 | | honorable dismissal occurred during the 2013-2014 school year. |
4 | | Among teachers eligible for recall pursuant to the preceding |
5 | | sentence, the order of recall must be in inverse order of |
6 | | dismissal, unless an alternative order of recall is |
7 | | established in a collective bargaining agreement or contract |
8 | | between the board and a professional faculty members' |
9 | | organization. Whenever the number of honorable dismissal |
10 | | notices based upon economic necessity exceeds 5 notices or |
11 | | 150% of the average number of teachers honorably dismissed in |
12 | | the preceding 3 years, whichever is more, then the school |
13 | | board or governing board of a joint agreement, as applicable, |
14 | | shall also hold a public hearing on the question of the |
15 | | dismissals. Following the hearing and board review, the action |
16 | | to approve any such reduction shall require a majority vote of |
17 | | the board members. |
18 | | For purposes of this subsection (b), subject to agreement |
19 | | on an alternative definition reached by the joint committee |
20 | | described in subsection (c) of this Section, a teacher's |
21 | | performance evaluation rating means the overall performance |
22 | | evaluation rating resulting from an annual or biennial |
23 | | performance evaluation conducted pursuant to Article 24A of |
24 | | this Code by the school district or joint agreement |
25 | | determining the sequence of dismissal, not including any |
26 | | performance evaluation conducted during or at the end of a |
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1 | | remediation period. No more than one evaluation rating each |
2 | | school term shall be one of the evaluation ratings used for the |
3 | | purpose of determining the sequence of dismissal. Except as |
4 | | otherwise provided in this subsection for any performance |
5 | | evaluations conducted during or at the end of a remediation |
6 | | period, if multiple performance evaluations are conducted in a |
7 | | school term, only the rating from the last evaluation |
8 | | conducted prior to establishing the sequence of honorable |
9 | | dismissal list in such school term shall be the one evaluation |
10 | | rating from that school term used for the purpose of |
11 | | determining the sequence of dismissal. Averaging ratings from |
12 | | multiple evaluations is not permitted unless otherwise agreed |
13 | | to in a collective bargaining agreement or contract between |
14 | | the board and a professional faculty members' organization. |
15 | | The preceding 3 sentences are not a legislative declaration |
16 | | that existing law does or does not already require that only |
17 | | one performance evaluation each school term shall be used for |
18 | | the purpose of determining the sequence of dismissal. For |
19 | | performance evaluation ratings determined prior to September |
20 | | 1, 2012, any school district or joint agreement with a |
21 | | performance evaluation rating system that does not use either |
22 | | of the rating category systems specified in subsection (d) of |
23 | | Section 24A-5 of this Code for all teachers must establish a |
24 | | basis for assigning each teacher a rating that complies with |
25 | | subsection (d) of Section 24A-5 of this Code for all of the |
26 | | performance evaluation ratings that are to be used to |
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1 | | determine the sequence of dismissal. A teacher's grouping and |
2 | | ranking on a sequence of honorable dismissal shall be deemed a |
3 | | part of the teacher's performance evaluation, and that |
4 | | information shall be disclosed to the exclusive bargaining |
5 | | representative as part of a sequence of honorable dismissal |
6 | | list, notwithstanding any laws prohibiting disclosure of such |
7 | | information. A performance evaluation rating may be used to |
8 | | determine the sequence of dismissal, notwithstanding the |
9 | | pendency of any grievance resolution or arbitration procedures |
10 | | relating to the performance evaluation. If a teacher has |
11 | | received at least one performance evaluation rating conducted |
12 | | by the school district or joint agreement determining the |
13 | | sequence of dismissal and a subsequent performance evaluation |
14 | | is not conducted in any school year in which such evaluation is |
15 | | required to be conducted under Section 24A-5 of this Code, the |
16 | | teacher's performance evaluation rating for that school year |
17 | | for purposes of determining the sequence of dismissal is |
18 | | deemed Proficient, except that, during any time in which the |
19 | | Governor has declared a disaster due to a public health |
20 | | emergency pursuant to Section 7 of the Illinois Emergency |
21 | | Management Agency Act, this default to Proficient does not |
22 | | apply to any teacher who has entered into contractual |
23 | | continued service and who was deemed Excellent on his or her |
24 | | most recent evaluation. During any time in which the Governor |
25 | | has declared a disaster due to a public health emergency |
26 | | pursuant to Section 7 of the Illinois Emergency Management |
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1 | | Agency Act and unless the school board and any exclusive |
2 | | bargaining representative have completed the performance |
3 | | rating for teachers or have mutually agreed to an alternate |
4 | | performance rating, any teacher who has entered into |
5 | | contractual continued service, whose most recent evaluation |
6 | | was deemed Excellent, and whose performance evaluation is not |
7 | | conducted when the evaluation is required to be conducted |
8 | | shall receive a teacher's performance rating deemed Excellent. |
9 | | A school board and any exclusive bargaining representative may |
10 | | mutually agree to an alternate performance rating for teachers |
11 | | not in contractual continued service during any time in which |
12 | | the Governor has declared a disaster due to a public health |
13 | | emergency pursuant to Section 7 of the Illinois Emergency |
14 | | Management Agency Act, as long as the agreement is in writing. |
15 | | If a performance evaluation rating is nullified as the result |
16 | | of an arbitration, administrative agency, or court |
17 | | determination, then the school district or joint agreement is |
18 | | deemed to have conducted a performance evaluation for that |
19 | | school year, but the performance evaluation rating may not be |
20 | | used in determining the sequence of dismissal. |
21 | | Nothing in this subsection (b) shall be construed as |
22 | | limiting the right of a school board or governing board of a |
23 | | joint agreement to dismiss a teacher not in contractual |
24 | | continued service in accordance with Section 24-11 of this |
25 | | Code. |
26 | | Any provisions regarding the sequence of honorable |
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1 | | dismissals and recall of honorably dismissed teachers in a |
2 | | collective bargaining agreement entered into on or before |
3 | | January 1, 2011 and in effect on June 13, 2011 (the effective |
4 | | date of Public Act 97-8) that may conflict with Public Act 97-8 |
5 | | shall remain in effect through the expiration of such |
6 | | agreement or June 30, 2013, whichever is earlier. |
7 | | (c) Each school district and special education joint |
8 | | agreement must use a joint committee composed of equal |
9 | | representation selected by the school board and its teachers |
10 | | or, if applicable, the exclusive bargaining representative of |
11 | | its teachers, to address the matters described in paragraphs |
12 | | (1) through (5) of this subsection (c) pertaining to honorable |
13 | | dismissals under subsection (b) of this Section. |
14 | | (1) The joint committee must consider and may agree to |
15 | | criteria for excluding from grouping 2 and placing into |
16 | | grouping 3 a teacher whose last 2 performance evaluations |
17 | | include a Needs Improvement and either a Proficient or |
18 | | Excellent. |
19 | | (2) The joint committee must consider and may agree to |
20 | | an alternative definition for grouping 4, which definition |
21 | | must take into account prior performance evaluation |
22 | | ratings and may take into account other factors that |
23 | | relate to the school district's or program's educational |
24 | | objectives. An alternative definition for grouping 4 may |
25 | | not permit the inclusion of a teacher in the grouping with |
26 | | a Needs Improvement or Unsatisfactory performance |
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1 | | evaluation rating on either of the teacher's last 2 |
2 | | performance evaluation ratings. |
3 | | (3) The joint committee may agree to including within |
4 | | the definition of a performance evaluation rating a |
5 | | performance evaluation rating administered by a school |
6 | | district or joint agreement other than the school district |
7 | | or joint agreement determining the sequence of dismissal. |
8 | | (4) For each school district or joint agreement that |
9 | | administers performance evaluation ratings that are |
10 | | inconsistent with either of the rating category systems |
11 | | specified in subsection (d) of Section 24A-5 of this Code, |
12 | | the school district or joint agreement must consult with |
13 | | the joint committee on the basis for assigning a rating |
14 | | that complies with subsection (d) of Section 24A-5 of this |
15 | | Code to each performance evaluation rating that will be |
16 | | used in a sequence of dismissal. |
17 | | (5) Upon request by a joint committee member submitted |
18 | | to the employing board by no later than 10 days after the |
19 | | distribution of the sequence of honorable dismissal list, |
20 | | a representative of the employing board shall, within 5 |
21 | | days after the request, provide to members of the joint |
22 | | committee a list showing the most recent and prior |
23 | | performance evaluation ratings of each teacher identified |
24 | | only by length of continuing service in the district or |
25 | | joint agreement and not by name. If, after review of this |
26 | | list, a member of the joint committee has a good faith |
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1 | | belief that a disproportionate number of teachers with |
2 | | greater length of continuing service with the district or |
3 | | joint agreement have received a recent performance |
4 | | evaluation rating lower than the prior rating, the member |
5 | | may request that the joint committee review the list to |
6 | | assess whether such a trend may exist. Following the joint |
7 | | committee's review, but by no later than the end of the |
8 | | applicable school term, the joint committee or any member |
9 | | or members of the joint committee may submit a report of |
10 | | the review to the employing board and exclusive bargaining |
11 | | representative, if any. Nothing in this paragraph (5) |
12 | | shall impact the order of honorable dismissal or a school |
13 | | district's or joint agreement's authority to carry out a |
14 | | dismissal in accordance with subsection (b) of this |
15 | | Section. |
16 | | Agreement by the joint committee as to a matter requires |
17 | | the majority vote of all committee members, and if the joint |
18 | | committee does not reach agreement on a matter, then the |
19 | | otherwise applicable requirements of subsection (b) of this |
20 | | Section shall apply. Except as explicitly set forth in this |
21 | | subsection (c), a joint committee has no authority to agree to |
22 | | any further modifications to the requirements for honorable |
23 | | dismissals set forth in subsection (b) of this Section.
The |
24 | | joint committee must be established, and the first meeting of |
25 | | the joint committee each school year must occur on or before |
26 | | December 1. |
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1 | | The joint committee must reach agreement on a matter on or |
2 | | before February 1 of a school year in order for the agreement |
3 | | of the joint committee to apply to the sequence of dismissal |
4 | | determined during that school year. Subject to the February 1 |
5 | | deadline for agreements, the agreement of a joint committee on |
6 | | a matter shall apply to the sequence of dismissal until the |
7 | | agreement is amended or terminated by the joint committee. |
8 | | The provisions of the Open Meetings Act shall not apply to |
9 | | meetings of a joint committee created under this subsection |
10 | | (c). |
11 | | (d) Notwithstanding anything to the contrary in this |
12 | | subsection (d), the requirements and dismissal procedures of |
13 | | Section 24-16.5 of this Code shall apply to any dismissal |
14 | | sought under Section 24-16.5 of this Code. |
15 | | (1) If a dismissal of a teacher in contractual |
16 | | continued service is sought for any reason or cause other |
17 | | than an honorable dismissal under subsections (a) or (b) |
18 | | of this Section or a dismissal sought under Section |
19 | | 24-16.5 of this Code,
including those under Section |
20 | | 10-22.4, the board must first approve a
motion containing |
21 | | specific charges by a majority vote of all its
members. |
22 | | Written notice of such charges, including a bill of |
23 | | particulars and the teacher's right to request a hearing, |
24 | | must be mailed to the teacher and also given to the teacher |
25 | | either by electronic mail, certified mail, return receipt |
26 | | requested, or personal delivery with receipt
within 5 days |
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1 | | of the adoption of the motion. Any written notice sent on |
2 | | or after July 1, 2012 shall inform the teacher of the right |
3 | | to request a hearing before a mutually selected hearing |
4 | | officer, with the cost of the hearing officer split |
5 | | equally between the teacher and the board, or a hearing |
6 | | before a board-selected hearing officer, with the cost of |
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