Illinois General Assembly - Full Text of HB0571
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB0571  102nd General Assembly

HB0571enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0571 EnrolledLRB102 10490 AWJ 15819 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Sections 8-8-3.5, 11-74.4-5, and 11-74.6-22 as
6follows:
 
7    (65 ILCS 5/8-8-3.5)
8    Sec. 8-8-3.5. Tax Increment Financing Report. The reports
9filed under subsection (d) of Section 11-74.4-5 of the Tax
10Increment Allocation Redevelopment Act and the reports filed
11under subsection (d) of Section 11-74.6-22 of the Industrial
12Jobs Recovery Law in the Illinois Municipal Code must be
13separate from any other annual report filed with the
14Comptroller. The Comptroller must, in cooperation with
15reporting municipalities, create a format for the reporting of
16information described in paragraphs (1.5), and (5), and (8)
17and in subparagraph (G) of paragraph (7) of subsection (d) of
18Section 11-74.4-5 of the Tax Increment Allocation
19Redevelopment Act and the information described in paragraphs
20(1.5), and (5), and (8) and in subparagraph (G) of paragraph
21(7) of subsection (d) of Section 11-74.6-22 of the Industrial
22Jobs Recovery Law that facilitates consistent reporting among
23the reporting municipalities. The Comptroller may allow these

 

 

HB0571 Enrolled- 2 -LRB102 10490 AWJ 15819 b

1reports to be filed electronically and may display the report,
2or portions of the report, electronically via the Internet.
3All reports filed under this Section must be made available
4for examination and copying by the public at all reasonable
5times. A Tax Increment Financing Report must be filed
6electronically with the Comptroller within 180 days after the
7close of the municipal fiscal year or as soon thereafter as the
8audit for the redevelopment project area for that fiscal year
9becomes available. If the Tax Increment Finance administrator
10provides the Comptroller's office with sufficient evidence
11that the report is in the process of being completed by an
12auditor, the Comptroller may grant an extension. If the
13required report is not filed within the time extended by the
14Comptroller, the Comptroller shall notify the corporate
15authorities of that municipality that the audit report is past
16due. The Comptroller may charge a municipality a fee of $5 per
17day for the first 15 days past due, $10 per day for 16 through
1830 days past due, $15 per day for 31 through 45 days past due,
19and $20 per day for the 46th day and every day thereafter.
20These amounts may be reduced at the Comptroller's discretion.
21In the event the required audit report is not filed within 60
22days of such notice, the Comptroller shall cause such audit to
23be made by an auditor or auditors. The Comptroller may decline
24to order an audit and the preparation of an audit report if an
25initial examination of the books and records of the
26municipality indicates that books and records of the

 

 

HB0571 Enrolled- 3 -LRB102 10490 AWJ 15819 b

1municipality are inadequate or unavailable to support the
2preparation of the audit report or the supplemental report due
3to the passage of time or the occurrence of a natural disaster.
4All fees collected pursuant to this Section shall be deposited
5into the Comptroller's Administrative Fund. In the event the
6Comptroller causes an audit to be made in accordance with the
7requirements of this Section, the municipality shall pay to
8the Comptroller reasonable compensation and expenses to
9reimburse her for the cost of preparing or completing such
10report. Moneys paid to the Comptroller pursuant to the
11preceding sentence shall be deposited into the Comptroller's
12Audit Expense Revolving Fund.
13(Source: P.A. 101-419, eff. 1-1-20.)
 
14    (65 ILCS 5/11-74.4-5)  (from Ch. 24, par. 11-74.4-5)
15    Sec. 11-74.4-5. Public hearing; joint review board.
16    (a) The changes made by this amendatory Act of the 91st
17General Assembly do not apply to a municipality that, (i)
18before the effective date of this amendatory Act of the 91st
19General Assembly, has adopted an ordinance or resolution
20fixing a time and place for a public hearing under this Section
21or (ii) before July 1, 1999, has adopted an ordinance or
22resolution providing for a feasibility study under Section
2311-74.4-4.1, but has not yet adopted an ordinance approving
24redevelopment plans and redevelopment projects or designating
25redevelopment project areas under Section 11-74.4-4, until

 

 

HB0571 Enrolled- 4 -LRB102 10490 AWJ 15819 b

1after that municipality adopts an ordinance approving
2redevelopment plans and redevelopment projects or designating
3redevelopment project areas under Section 11-74.4-4;
4thereafter the changes made by this amendatory Act of the 91st
5General Assembly apply to the same extent that they apply to
6redevelopment plans and redevelopment projects that were
7approved and redevelopment projects that were designated
8before the effective date of this amendatory Act of the 91st
9General Assembly.
10    Prior to the adoption of an ordinance proposing the
11designation of a redevelopment project area, or approving a
12redevelopment plan or redevelopment project, the municipality
13by its corporate authorities, or as it may determine by any
14commission designated under subsection (k) of Section
1511-74.4-4 shall adopt an ordinance or resolution fixing a time
16and place for public hearing. At least 10 days prior to the
17adoption of the ordinance or resolution establishing the time
18and place for the public hearing, the municipality shall make
19available for public inspection a redevelopment plan or a
20separate report that provides in reasonable detail the basis
21for the eligibility of the redevelopment project area. The
22report along with the name of a person to contact for further
23information shall be sent within a reasonable time after the
24adoption of such ordinance or resolution to the affected
25taxing districts by certified mail. On and after the effective
26date of this amendatory Act of the 91st General Assembly, the

 

 

HB0571 Enrolled- 5 -LRB102 10490 AWJ 15819 b

1municipality shall print in a newspaper of general circulation
2within the municipality a notice that interested persons may
3register with the municipality in order to receive information
4on the proposed designation of a redevelopment project area or
5the approval of a redevelopment plan. The notice shall state
6the place of registration and the operating hours of that
7place. The municipality shall have adopted reasonable rules to
8implement this registration process under Section 11-74.4-4.2.
9The municipality shall provide notice of the availability of
10the redevelopment plan and eligibility report, including how
11to obtain this information, by mail within a reasonable time
12after the adoption of the ordinance or resolution, to all
13residential addresses that, after a good faith effort, the
14municipality determines are located outside the proposed
15redevelopment project area and within 750 feet of the
16boundaries of the proposed redevelopment project area. This
17requirement is subject to the limitation that in a
18municipality with a population of over 100,000, if the total
19number of residential addresses outside the proposed
20redevelopment project area and within 750 feet of the
21boundaries of the proposed redevelopment project area exceeds
22750, the municipality shall be required to provide the notice
23to only the 750 residential addresses that, after a good faith
24effort, the municipality determines are outside the proposed
25redevelopment project area and closest to the boundaries of
26the proposed redevelopment project area. Notwithstanding the

 

 

HB0571 Enrolled- 6 -LRB102 10490 AWJ 15819 b

1foregoing, notice given after August 7, 2001 (the effective
2date of Public Act 92-263) and before the effective date of
3this amendatory Act of the 92nd General Assembly to
4residential addresses within 750 feet of the boundaries of a
5proposed redevelopment project area shall be deemed to have
6been sufficiently given in compliance with this Act if given
7only to residents outside the boundaries of the proposed
8redevelopment project area. The notice shall also be provided
9by the municipality, regardless of its population, to those
10organizations and residents that have registered with the
11municipality for that information in accordance with the
12registration guidelines established by the municipality under
13Section 11-74.4-4.2.
14    At the public hearing any interested person or affected
15taxing district may file with the municipal clerk written
16objections to and may be heard orally in respect to any issues
17embodied in the notice. The municipality shall hear all
18protests and objections at the hearing and the hearing may be
19adjourned to another date without further notice other than a
20motion to be entered upon the minutes fixing the time and place
21of the subsequent hearing. At the public hearing or at any time
22prior to the adoption by the municipality of an ordinance
23approving a redevelopment plan, the municipality may make
24changes in the redevelopment plan. Changes which (1) add
25additional parcels of property to the proposed redevelopment
26project area, (2) substantially affect the general land uses

 

 

HB0571 Enrolled- 7 -LRB102 10490 AWJ 15819 b

1proposed in the redevelopment plan, (3) substantially change
2the nature of or extend the life of the redevelopment project,
3or (4) increase the number of inhabited residential units to
4be displaced from the redevelopment project area, as measured
5from the time of creation of the redevelopment project area,
6to a total of more than 10, shall be made only after the
7municipality gives notice, convenes a joint review board, and
8conducts a public hearing pursuant to the procedures set forth
9in this Section and in Section 11-74.4-6 of this Act. Changes
10which do not (1) add additional parcels of property to the
11proposed redevelopment project area, (2) substantially affect
12the general land uses proposed in the redevelopment plan, (3)
13substantially change the nature of or extend the life of the
14redevelopment project, or (4) increase the number of inhabited
15residential units to be displaced from the redevelopment
16project area, as measured from the time of creation of the
17redevelopment project area, to a total of more than 10, may be
18made without further hearing, provided that the municipality
19shall give notice of any such changes by mail to each affected
20taxing district and registrant on the interested parties
21registry, provided for under Section 11-74.4-4.2, and by
22publication in a newspaper of general circulation within the
23affected taxing district. Such notice by mail and by
24publication shall each occur not later than 10 days following
25the adoption by ordinance of such changes. Hearings with
26regard to a redevelopment project area, project or plan may be

 

 

HB0571 Enrolled- 8 -LRB102 10490 AWJ 15819 b

1held simultaneously.
2    (b) Prior to holding a public hearing to approve or amend a
3redevelopment plan or to designate or add additional parcels
4of property to a redevelopment project area, the municipality
5shall convene a joint review board. The board shall consist of
6a representative selected by each community college district,
7local elementary school district and high school district or
8each local community unit school district, park district,
9library district, township, fire protection district, and
10county that will have the authority to directly levy taxes on
11the property within the proposed redevelopment project area at
12the time that the proposed redevelopment project area is
13approved, a representative selected by the municipality and a
14public member. The public member shall first be selected and
15then the board's chairperson shall be selected by a majority
16of the board members present and voting.
17    For redevelopment project areas with redevelopment plans
18or proposed redevelopment plans that would result in the
19displacement of residents from 10 or more inhabited
20residential units or that include 75 or more inhabited
21residential units, the public member shall be a person who
22resides in the redevelopment project area. If, as determined
23by the housing impact study provided for in paragraph (5) of
24subsection (n) of Section 11-74.4-3, or if no housing impact
25study is required then based on other reasonable data, the
26majority of residential units are occupied by very low, low,

 

 

HB0571 Enrolled- 9 -LRB102 10490 AWJ 15819 b

1or moderate income households, as defined in Section 3 of the
2Illinois Affordable Housing Act, the public member shall be a
3person who resides in very low, low, or moderate income
4housing within the redevelopment project area. Municipalities
5with fewer than 15,000 residents shall not be required to
6select a person who lives in very low, low, or moderate income
7housing within the redevelopment project area, provided that
8the redevelopment plan or project will not result in
9displacement of residents from 10 or more inhabited units, and
10the municipality so certifies in the plan. If no person
11satisfying these requirements is available or if no qualified
12person will serve as the public member, then the joint review
13board is relieved of this paragraph's selection requirements
14for the public member.
15    Within 90 days of the effective date of this amendatory
16Act of the 91st General Assembly, each municipality that
17designated a redevelopment project area for which it was not
18required to convene a joint review board under this Section
19shall convene a joint review board to perform the duties
20specified under paragraph (e) of this Section.
21    All board members shall be appointed and the first board
22meeting shall be held at least 14 days but not more than 28
23days after the mailing of notice by the municipality to the
24taxing districts as required by Section 11-74.4-6(c).
25Notwithstanding the preceding sentence, a municipality that
26adopted either a public hearing resolution or a feasibility

 

 

HB0571 Enrolled- 10 -LRB102 10490 AWJ 15819 b

1resolution between July 1, 1999 and July 1, 2000 that called
2for the meeting of the joint review board within 14 days of
3notice of public hearing to affected taxing districts is
4deemed to be in compliance with the notice, meeting, and
5public hearing provisions of the Act. Such notice shall also
6advise the taxing bodies represented on the joint review board
7of the time and place of the first meeting of the board.
8Additional meetings of the board shall be held upon the call of
9any member. The municipality seeking designation of the
10redevelopment project area shall provide administrative
11support to the board.
12    The board shall review (i) the public record, planning
13documents and proposed ordinances approving the redevelopment
14plan and project and (ii) proposed amendments to the
15redevelopment plan or additions of parcels of property to the
16redevelopment project area to be adopted by the municipality.
17As part of its deliberations, the board may hold additional
18hearings on the proposal. A board's recommendation shall be an
19advisory, non-binding recommendation. The recommendation shall
20be adopted by a majority of those members present and voting.
21The recommendations shall be submitted to the municipality
22within 30 days after convening of the board. Failure of the
23board to submit its report on a timely basis shall not be cause
24to delay the public hearing or any other step in the process of
25designating or amending the redevelopment project area but
26shall be deemed to constitute approval by the joint review

 

 

HB0571 Enrolled- 11 -LRB102 10490 AWJ 15819 b

1board of the matters before it.
2    The board shall base its recommendation to approve or
3disapprove the redevelopment plan and the designation of the
4redevelopment project area or the amendment of the
5redevelopment plan or addition of parcels of property to the
6redevelopment project area on the basis of the redevelopment
7project area and redevelopment plan satisfying the plan
8requirements, the eligibility criteria defined in Section
911-74.4-3, and the objectives of this Act.
10    The board shall issue a written report describing why the
11redevelopment plan and project area or the amendment thereof
12meets or fails to meet one or more of the objectives of this
13Act and both the plan requirements and the eligibility
14criteria defined in Section 11-74.4-3. In the event the Board
15does not file a report it shall be presumed that these taxing
16bodies find the redevelopment project area and redevelopment
17plan satisfy the objectives of this Act and the plan
18requirements and eligibility criteria.
19    If the board recommends rejection of the matters before
20it, the municipality will have 30 days within which to
21resubmit the plan or amendment. During this period, the
22municipality will meet and confer with the board and attempt
23to resolve those issues set forth in the board's written
24report that led to the rejection of the plan or amendment.
25    Notwithstanding the resubmission set forth above, the
26municipality may commence the scheduled public hearing and

 

 

HB0571 Enrolled- 12 -LRB102 10490 AWJ 15819 b

1either adjourn the public hearing or continue the public
2hearing until a date certain. Prior to continuing any public
3hearing to a date certain, the municipality shall announce
4during the public hearing the time, date, and location for the
5reconvening of the public hearing. Any changes to the
6redevelopment plan necessary to satisfy the issues set forth
7in the joint review board report shall be the subject of a
8public hearing before the hearing is adjourned if the changes
9would (1) substantially affect the general land uses proposed
10in the redevelopment plan, (2) substantially change the nature
11of or extend the life of the redevelopment project, or (3)
12increase the number of inhabited residential units to be
13displaced from the redevelopment project area, as measured
14from the time of creation of the redevelopment project area,
15to a total of more than 10. Changes to the redevelopment plan
16necessary to satisfy the issues set forth in the joint review
17board report shall not require any further notice or convening
18of a joint review board meeting, except that any changes to the
19redevelopment plan that would add additional parcels of
20property to the proposed redevelopment project area shall be
21subject to the notice, public hearing, and joint review board
22meeting requirements established for such changes by
23subsection (a) of Section 11-74.4-5.
24    In the event that the municipality and the board are
25unable to resolve these differences, or in the event that the
26resubmitted plan or amendment is rejected by the board, the

 

 

HB0571 Enrolled- 13 -LRB102 10490 AWJ 15819 b

1municipality may proceed with the plan or amendment, but only
2upon a three-fifths vote of the corporate authority
3responsible for approval of the plan or amendment, excluding
4positions of members that are vacant and those members that
5are ineligible to vote because of conflicts of interest.
6    (c) After a municipality has by ordinance approved a
7redevelopment plan and designated a redevelopment project
8area, the plan may be amended and additional properties may be
9added to the redevelopment project area only as herein
10provided. Amendments which (1) add additional parcels of
11property to the proposed redevelopment project area, (2)
12substantially affect the general land uses proposed in the
13redevelopment plan, (3) substantially change the nature of the
14redevelopment project, (4) increase the total estimated
15redevelopment project costs set out in the redevelopment plan
16by more than 5% after adjustment for inflation from the date
17the plan was adopted, (5) add additional redevelopment project
18costs to the itemized list of redevelopment project costs set
19out in the redevelopment plan, or (6) increase the number of
20inhabited residential units to be displaced from the
21redevelopment project area, as measured from the time of
22creation of the redevelopment project area, to a total of more
23than 10, shall be made only after the municipality gives
24notice, convenes a joint review board, and conducts a public
25hearing pursuant to the procedures set forth in this Section
26and in Section 11-74.4-6 of this Act. Changes which do not (1)

 

 

HB0571 Enrolled- 14 -LRB102 10490 AWJ 15819 b

1add additional parcels of property to the proposed
2redevelopment project area, (2) substantially affect the
3general land uses proposed in the redevelopment plan, (3)
4substantially change the nature of the redevelopment project,
5(4) increase the total estimated redevelopment project cost
6set out in the redevelopment plan by more than 5% after
7adjustment for inflation from the date the plan was adopted,
8(5) add additional redevelopment project costs to the itemized
9list of redevelopment project costs set out in the
10redevelopment plan, or (6) increase the number of inhabited
11residential units to be displaced from the redevelopment
12project area, as measured from the time of creation of the
13redevelopment project area, to a total of more than 10, may be
14made without further public hearing and related notices and
15procedures including the convening of a joint review board as
16set forth in Section 11-74.4-6 of this Act, provided that the
17municipality shall give notice of any such changes by mail to
18each affected taxing district and registrant on the interested
19parties registry, provided for under Section 11-74.4-4.2, and
20by publication in a newspaper of general circulation within
21the affected taxing district. Such notice by mail and by
22publication shall each occur not later than 10 days following
23the adoption by ordinance of such changes.
24    (d) After the effective date of this amendatory Act of the
2591st General Assembly, a municipality shall submit in an
26electronic format the following information for each

 

 

HB0571 Enrolled- 15 -LRB102 10490 AWJ 15819 b

1redevelopment project area (i) to the State Comptroller under
2Section 8-8-3.5 of the Illinois Municipal Code, subject to any
3extensions or exemptions provided at the Comptroller's
4discretion under that Section, and (ii) to all taxing
5districts overlapping the redevelopment project area no later
6than 180 days after the close of each municipal fiscal year or
7as soon thereafter as the audited financial statements become
8available and, in any case, shall be submitted before the
9annual meeting of the Joint Review Board to each of the taxing
10districts that overlap the redevelopment project area:
11        (1) Any amendments to the redevelopment plan, the
12    redevelopment project area, or the State Sales Tax
13    Boundary.
14        (1.5) A list of the redevelopment project areas
15    administered by the municipality and, if applicable, the
16    date each redevelopment project area was designated or
17    terminated by the municipality.
18        (2) Audited financial statements of the special tax
19    allocation fund once a cumulative total of $100,000 has
20    been deposited in the fund.
21        (3) Certification of the Chief Executive Officer of
22    the municipality that the municipality has complied with
23    all of the requirements of this Act during the preceding
24    fiscal year.
25        (4) An opinion of legal counsel that the municipality
26    is in compliance with this Act.

 

 

HB0571 Enrolled- 16 -LRB102 10490 AWJ 15819 b

1        (5) An analysis of the special tax allocation fund
2    which sets forth:
3            (A) the balance in the special tax allocation fund
4        at the beginning of the fiscal year;
5            (B) all amounts deposited in the special tax
6        allocation fund by source;
7            (C) an itemized list of all expenditures from the
8        special tax allocation fund by category of permissible
9        redevelopment project cost; and
10            (D) the balance in the special tax allocation fund
11        at the end of the fiscal year including a breakdown of
12        that balance by source and a breakdown of that balance
13        identifying any portion of the balance that is
14        required, pledged, earmarked, or otherwise designated
15        for payment of or securing of obligations and
16        anticipated redevelopment project costs. Any portion
17        of such ending balance that has not been identified or
18        is not identified as being required, pledged,
19        earmarked, or otherwise designated for payment of or
20        securing of obligations or anticipated redevelopment
21        projects costs shall be designated as surplus as set
22        forth in Section 11-74.4-7 hereof.
23        (6) A description of all property purchased by the
24    municipality within the redevelopment project area
25    including:
26            (A) Street address.

 

 

HB0571 Enrolled- 17 -LRB102 10490 AWJ 15819 b

1            (B) Approximate size or description of property.
2            (C) Purchase price.
3            (D) Seller of property.
4        (7) A statement setting forth all activities
5    undertaken in furtherance of the objectives of the
6    redevelopment plan, including:
7            (A) Any project implemented in the preceding
8        fiscal year.
9            (B) A description of the redevelopment activities
10        undertaken.
11            (C) A description of any agreements entered into
12        by the municipality with regard to the disposition or
13        redevelopment of any property within the redevelopment
14        project area or the area within the State Sales Tax
15        Boundary.
16            (D) Additional information on the use of all funds
17        received under this Division and steps taken by the
18        municipality to achieve the objectives of the
19        redevelopment plan.
20            (E) Information regarding contracts that the
21        municipality's tax increment advisors or consultants
22        have entered into with entities or persons that have
23        received, or are receiving, payments financed by tax
24        increment revenues produced by the same redevelopment
25        project area.
26            (F) Any reports submitted to the municipality by

 

 

HB0571 Enrolled- 18 -LRB102 10490 AWJ 15819 b

1        the joint review board.
2            (G) A review of public and, to the extent
3        possible, private investment actually undertaken to
4        date after the effective date of this amendatory Act
5        of the 91st General Assembly and estimated to be
6        undertaken during the following year. This review
7        shall, on a project-by-project basis, set forth the
8        estimated amounts of public and private investment
9        incurred after the effective date of this amendatory
10        Act of the 91st General Assembly and provide the ratio
11        of private investment to public investment to the date
12        of the report and as estimated to the completion of the
13        redevelopment project.
14        (8) With regard to any obligations issued by the
15    municipality:
16            (A) copies of any official statements; and
17            (B) an analysis prepared by financial advisor or
18        underwriter, chosen by the municipality, setting forth
19        the: (i) nature and term of obligation; and (ii)
20        projected debt service including required reserves and
21        debt coverage; and (iii) actual debt service.
22        (9) For special tax allocation funds that have
23    experienced cumulative deposits of incremental tax
24    revenues of $100,000 or more, a certified audit report
25    reviewing compliance with this Act performed by an
26    independent public accountant certified and licensed by

 

 

HB0571 Enrolled- 19 -LRB102 10490 AWJ 15819 b

1    the authority of the State of Illinois. The financial
2    portion of the audit must be conducted in accordance with
3    Standards for Audits of Governmental Organizations,
4    Programs, Activities, and Functions adopted by the
5    Comptroller General of the United States (1981), as
6    amended, or the standards specified by Section 8-8-5 of
7    the Illinois Municipal Auditing Law of the Illinois
8    Municipal Code. The audit report shall contain a letter
9    from the independent certified public accountant
10    indicating compliance or noncompliance with the
11    requirements of subsection (q) of Section 11-74.4-3. For
12    redevelopment plans or projects that would result in the
13    displacement of residents from 10 or more inhabited
14    residential units or that contain 75 or more inhabited
15    residential units, notice of the availability of the
16    information, including how to obtain the report, required
17    in this subsection shall also be sent by mail to all
18    residents or organizations that operate in the
19    municipality that register with the municipality for that
20    information according to registration procedures adopted
21    under Section 11-74.4-4.2. All municipalities are subject
22    to this provision.
23        (10) A list of all intergovernmental agreements in
24    effect during the fiscal year to which the municipality is
25    a party and an accounting of any moneys transferred or
26    received by the municipality during that fiscal year

 

 

HB0571 Enrolled- 20 -LRB102 10490 AWJ 15819 b

1    pursuant to those intergovernmental agreements.
2    In addition to information required to be reported under
3this Section, for Fiscal Year 2022 and each fiscal year
4thereafter, reporting municipalities shall also report to the
5Comptroller annually in a manner and format prescribed by the
6Comptroller: (1) the number of jobs, if any, projected to be
7created for each redevelopment project area at the time of
8approval of the redevelopment agreement; (2) the number of
9jobs, if any, created as a result of the development to date
10for that reporting period under the same guidelines and
11assumptions as was used for the projections used at the time of
12approval of the redevelopment agreement; (3) the amount of
13increment projected to be created at the time of approval of
14the redevelopment agreement for each redevelopment project
15area; (4) the amount of increment created as a result of the
16development to date for that reporting period using the same
17assumptions as was used for the projections used at the time of
18the approval of the redevelopment agreement; and (5) the
19stated rate of return identified by the developer to the
20municipality for each redevelopment project area, if any.
21Stated rates of return required to be reported in item (5)
22shall be independently verified by a third party chosen by the
23municipality. Reporting municipalities shall also report to
24the Comptroller a copy of the redevelopment plan each time the
25redevelopment plan is enacted, amended, or extended in a
26manner and format prescribed by the Comptroller. These

 

 

HB0571 Enrolled- 21 -LRB102 10490 AWJ 15819 b

1requirements shall only apply to redevelopment projects
2beginning in or after Fiscal Year 2022.
3    (d-1) Prior to the effective date of this amendatory Act
4of the 91st General Assembly, municipalities with populations
5of over 1,000,000 shall, after adoption of a redevelopment
6plan or project, make available upon request to any taxing
7district in which the redevelopment project area is located
8the following information:
9        (1) Any amendments to the redevelopment plan, the
10    redevelopment project area, or the State Sales Tax
11    Boundary; and
12        (2) In connection with any redevelopment project area
13    for which the municipality has outstanding obligations
14    issued to provide for redevelopment project costs pursuant
15    to Section 11-74.4-7, audited financial statements of the
16    special tax allocation fund.
17    (e) The joint review board shall meet annually 180 days
18after the close of the municipal fiscal year or as soon as the
19redevelopment project audit for that fiscal year becomes
20available to review the effectiveness and status of the
21redevelopment project area up to that date.
22    (f) (Blank).
23    (g) In the event that a municipality has held a public
24hearing under this Section prior to March 14, 1994 (the
25effective date of Public Act 88-537), the requirements imposed
26by Public Act 88-537 relating to the method of fixing the time

 

 

HB0571 Enrolled- 22 -LRB102 10490 AWJ 15819 b

1and place for public hearing, the materials and information
2required to be made available for public inspection, and the
3information required to be sent after adoption of an ordinance
4or resolution fixing a time and place for public hearing shall
5not be applicable.
6    (h) On and after the effective date of this amendatory Act
7of the 96th General Assembly, the State Comptroller must post
8on the State Comptroller's official website the information
9submitted by a municipality pursuant to subsection (d) of this
10Section. The information must be posted no later than 45 days
11after the State Comptroller receives the information from the
12municipality. The State Comptroller must also post a list of
13the municipalities not in compliance with the reporting
14requirements set forth in subsection (d) of this Section.
15    (i) No later than 10 years after the corporate authorities
16of a municipality adopt an ordinance to establish a
17redevelopment project area, the municipality must compile a
18status report concerning the redevelopment project area. The
19status report must detail without limitation the following:
20(i) the amount of revenue generated within the redevelopment
21project area, (ii) any expenditures made by the municipality
22for the redevelopment project area including without
23limitation expenditures from the special tax allocation fund,
24(iii) the status of planned activities, goals, and objectives
25set forth in the redevelopment plan including details on new
26or planned construction within the redevelopment project area,

 

 

HB0571 Enrolled- 23 -LRB102 10490 AWJ 15819 b

1(iv) the amount of private and public investment within the
2redevelopment project area, and (v) any other relevant
3evaluation or performance data. Within 30 days after the
4municipality compiles the status report, the municipality must
5hold at least one public hearing concerning the report. The
6municipality must provide 20 days' public notice of the
7hearing.
8    (j) Beginning in fiscal year 2011 and in each fiscal year
9thereafter, a municipality must detail in its annual budget
10(i) the revenues generated from redevelopment project areas by
11source and (ii) the expenditures made by the municipality for
12redevelopment project areas.
13(Source: P.A. 98-922, eff. 8-15-14.)
 
14    (65 ILCS 5/11-74.6-22)
15    Sec. 11-74.6-22. Adoption of ordinance; requirements;
16changes.
17    (a) Before adoption of an ordinance proposing the
18designation of a redevelopment planning area or a
19redevelopment project area, or both, or approving a
20redevelopment plan or redevelopment project, the municipality
21or commission designated pursuant to subsection (l) of Section
2211-74.6-15 shall fix by ordinance or resolution a time and
23place for public hearing. Prior to the adoption of the
24ordinance or resolution establishing the time and place for
25the public hearing, the municipality shall make available for

 

 

HB0571 Enrolled- 24 -LRB102 10490 AWJ 15819 b

1public inspection a redevelopment plan or a report that
2provides in sufficient detail, the basis for the eligibility
3of the redevelopment project area. The report along with the
4name of a person to contact for further information shall be
5sent to the affected taxing district by certified mail within
6a reasonable time following the adoption of the ordinance or
7resolution establishing the time and place for the public
8hearing.
9    At the public hearing any interested person or affected
10taxing district may file with the municipal clerk written
11objections to the ordinance and may be heard orally on any
12issues that are the subject of the hearing. The municipality
13shall hear and determine all alternate proposals or bids for
14any proposed conveyance, lease, mortgage or other disposition
15of land and all protests and objections at the hearing and the
16hearing may be adjourned to another date without further
17notice other than a motion to be entered upon the minutes
18fixing the time and place of the later hearing. At the public
19hearing or at any time prior to the adoption by the
20municipality of an ordinance approving a redevelopment plan,
21the municipality may make changes in the redevelopment plan.
22Changes which (1) add additional parcels of property to the
23proposed redevelopment project area, (2) substantially affect
24the general land uses proposed in the redevelopment plan, or
25(3) substantially change the nature of or extend the life of
26the redevelopment project shall be made only after the

 

 

HB0571 Enrolled- 25 -LRB102 10490 AWJ 15819 b

1municipality gives notice, convenes a joint review board, and
2conducts a public hearing pursuant to the procedures set forth
3in this Section and in Section 11-74.6-25. Changes which do
4not (1) add additional parcels of property to the proposed
5redevelopment project area, (2) substantially affect the
6general land uses proposed in the redevelopment plan, or (3)
7substantially change the nature of or extend the life of the
8redevelopment project may be made without further hearing,
9provided that the municipality shall give notice of any such
10changes by mail to each affected taxing district and by
11publication once in a newspaper of general circulation within
12the affected taxing district. Such notice by mail and by
13publication shall each occur not later than 10 days following
14the adoption by ordinance of such changes.
15    (b) Before adoption of an ordinance proposing the
16designation of a redevelopment planning area or a
17redevelopment project area, or both, or amending the
18boundaries of an existing redevelopment project area or
19redevelopment planning area, or both, the municipality shall
20convene a joint review board to consider the proposal. The
21board shall consist of a representative selected by each
22taxing district that has authority to levy real property taxes
23on the property within the proposed redevelopment project area
24and that has at least 5% of its total equalized assessed value
25located within the proposed redevelopment project area, a
26representative selected by the municipality and a public

 

 

HB0571 Enrolled- 26 -LRB102 10490 AWJ 15819 b

1member. The public member and the board's chairperson shall be
2selected by a majority of other board members.
3    All board members shall be appointed and the first board
4meeting held within 14 days following the notice by the
5municipality to all the taxing districts as required by
6subsection (c) of Section 11-74.6-25. The notice shall also
7advise the taxing bodies represented on the joint review board
8of the time and place of the first meeting of the board.
9Additional meetings of the board shall be held upon the call of
10any 2 members. The municipality seeking designation of the
11redevelopment project area may provide administrative support
12to the board.
13    The board shall review the public record, planning
14documents and proposed ordinances approving the redevelopment
15plan and project to be adopted by the municipality. As part of
16its deliberations, the board may hold additional hearings on
17the proposal. A board's recommendation, if any, shall be a
18written recommendation adopted by a majority vote of the board
19and submitted to the municipality within 30 days after the
20board convenes. A board's recommendation shall be binding upon
21the municipality. Failure of the board to submit its
22recommendation on a timely basis shall not be cause to delay
23the public hearing or the process of establishing or amending
24the redevelopment project area. The board's recommendation on
25the proposal shall be based upon the area satisfying the
26applicable eligibility criteria defined in Section 11-74.6-10

 

 

HB0571 Enrolled- 27 -LRB102 10490 AWJ 15819 b

1and whether there is a basis for the municipal findings set
2forth in the redevelopment plan as required by this Act. If the
3board does not file a recommendation it shall be presumed that
4the board has found that the redevelopment project area
5satisfies the eligibility criteria.
6    (c) After a municipality has by ordinance approved a
7redevelopment plan and designated a redevelopment planning
8area or a redevelopment project area, or both, the plan may be
9amended and additional properties may be added to the
10redevelopment project area only as herein provided. Amendments
11which (1) add additional parcels of property to the proposed
12redevelopment project area, (2) substantially affect the
13general land uses proposed in the redevelopment plan, (3)
14substantially change the nature of the redevelopment project,
15(4) increase the total estimated redevelopment project costs
16set out in the redevelopment plan by more than 5% after
17adjustment for inflation from the date the plan was adopted,
18or (5) add additional redevelopment project costs to the
19itemized list of redevelopment project costs set out in the
20redevelopment plan shall be made only after the municipality
21gives notice, convenes a joint review board, and conducts a
22public hearing pursuant to the procedures set forth in this
23Section and in Section 11-74.6-25. Changes which do not (1)
24add additional parcels of property to the proposed
25redevelopment project area, (2) substantially affect the
26general land uses proposed in the redevelopment plan, (3)

 

 

HB0571 Enrolled- 28 -LRB102 10490 AWJ 15819 b

1substantially change the nature of the redevelopment project,
2(4) increase the total estimated redevelopment project cost
3set out in the redevelopment plan by more than 5% after
4adjustment for inflation from the date the plan was adopted,
5or (5) add additional redevelopment project costs to the
6itemized list of redevelopment project costs set out in the
7redevelopment plan may be made without further hearing,
8provided that the municipality shall give notice of any such
9changes by mail to each affected taxing district and by
10publication once in a newspaper of general circulation within
11the affected taxing district. Such notice by mail and by
12publication shall each occur not later than 10 days following
13the adoption by ordinance of such changes.
14    Notwithstanding Section 11-74.6-50, the redevelopment
15project area established by an ordinance adopted in its final
16form on December 19, 2011 by the City of Loves Park may be
17expanded by the adoption of an ordinance to that effect
18without further hearing or notice to include land that (i) is
19at least in part contiguous to the existing redevelopment
20project area, (ii) does not exceed approximately 16.56 acres,
21(iii) at the time of the establishment of the redevelopment
22project area would have been otherwise eligible for inclusion
23in the redevelopment project area, and (iv) is zoned so as to
24comply with this Act prior to its inclusion in the
25redevelopment project area.
26    (d) After the effective date of this amendatory Act of the

 

 

HB0571 Enrolled- 29 -LRB102 10490 AWJ 15819 b

191st General Assembly, a municipality shall submit the
2following information for each redevelopment project area (i)
3to the State Comptroller under Section 8-8-3.5 of the Illinois
4Municipal Code, subject to any extensions or exemptions
5provided at the Comptroller's discretion under that Section,
6and (ii) to all taxing districts overlapping the redevelopment
7project area no later than 180 days after the close of each
8municipal fiscal year or as soon thereafter as the audited
9financial statements become available and, in any case, shall
10be submitted before the annual meeting of the joint review
11board to each of the taxing districts that overlap the
12redevelopment project area:
13        (1) Any amendments to the redevelopment plan, or the
14    redevelopment project area.
15        (1.5) A list of the redevelopment project areas
16    administered by the municipality and, if applicable, the
17    date each redevelopment project area was designated or
18    terminated by the municipality.
19        (2) Audited financial statements of the special tax
20    allocation fund once a cumulative total of $100,000 of tax
21    increment revenues has been deposited in the fund.
22        (3) Certification of the Chief Executive Officer of
23    the municipality that the municipality has complied with
24    all of the requirements of this Act during the preceding
25    fiscal year.
26        (4) An opinion of legal counsel that the municipality

 

 

HB0571 Enrolled- 30 -LRB102 10490 AWJ 15819 b

1    is in compliance with this Act.
2        (5) An analysis of the special tax allocation fund
3    which sets forth:
4            (A) the balance in the special tax allocation fund
5        at the beginning of the fiscal year;
6            (B) all amounts deposited in the special tax
7        allocation fund by source;
8            (C) an itemized list of all expenditures from the
9        special tax allocation fund by category of permissible
10        redevelopment project cost; and
11            (D) the balance in the special tax allocation fund
12        at the end of the fiscal year including a breakdown of
13        that balance by source and a breakdown of that balance
14        identifying any portion of the balance that is
15        required, pledged, earmarked, or otherwise designated
16        for payment of or securing of obligations and
17        anticipated redevelopment project costs. Any portion
18        of such ending balance that has not been identified or
19        is not identified as being required, pledged,
20        earmarked, or otherwise designated for payment of or
21        securing of obligations or anticipated redevelopment
22        project costs shall be designated as surplus as set
23        forth in Section 11-74.6-30 hereof.
24        (6) A description of all property purchased by the
25    municipality within the redevelopment project area
26    including:

 

 

HB0571 Enrolled- 31 -LRB102 10490 AWJ 15819 b

1            (A) Street address.
2            (B) Approximate size or description of property.
3            (C) Purchase price.
4            (D) Seller of property.
5        (7) A statement setting forth all activities
6    undertaken in furtherance of the objectives of the
7    redevelopment plan, including:
8            (A) Any project implemented in the preceding
9        fiscal year.
10            (B) A description of the redevelopment activities
11        undertaken.
12            (C) A description of any agreements entered into
13        by the municipality with regard to the disposition or
14        redevelopment of any property within the redevelopment
15        project area.
16            (D) Additional information on the use of all funds
17        received under this Division and steps taken by the
18        municipality to achieve the objectives of the
19        redevelopment plan.
20            (E) Information regarding contracts that the
21        municipality's tax increment advisors or consultants
22        have entered into with entities or persons that have
23        received, or are receiving, payments financed by tax
24        increment revenues produced by the same redevelopment
25        project area.
26            (F) Any reports submitted to the municipality by

 

 

HB0571 Enrolled- 32 -LRB102 10490 AWJ 15819 b

1        the joint review board.
2            (G) A review of public and, to the extent
3        possible, private investment actually undertaken to
4        date after the effective date of this amendatory Act
5        of the 91st General Assembly and estimated to be
6        undertaken during the following year. This review
7        shall, on a project-by-project basis, set forth the
8        estimated amounts of public and private investment
9        incurred after the effective date of this amendatory
10        Act of the 91st General Assembly and provide the ratio
11        of private investment to public investment to the date
12        of the report and as estimated to the completion of the
13        redevelopment project.
14        (8) With regard to any obligations issued by the
15    municipality:
16            (A) copies of any official statements; and
17            (B) an analysis prepared by financial advisor or
18        underwriter, chosen by the municipality, setting
19        forth: (i) nature and term of obligation; and (ii)
20        projected debt service including required reserves and
21        debt coverage; and (iii) actual debt service.
22        (9) For special tax allocation funds that have
23    received cumulative deposits of incremental tax revenues
24    of $100,000 or more, a certified audit report reviewing
25    compliance with this Act performed by an independent
26    public accountant certified and licensed by the authority

 

 

HB0571 Enrolled- 33 -LRB102 10490 AWJ 15819 b

1    of the State of Illinois. The financial portion of the
2    audit must be conducted in accordance with Standards for
3    Audits of Governmental Organizations, Programs,
4    Activities, and Functions adopted by the Comptroller
5    General of the United States (1981), as amended, or the
6    standards specified by Section 8-8-5 of the Illinois
7    Municipal Auditing Law of the Illinois Municipal Code. The
8    audit report shall contain a letter from the independent
9    certified public accountant indicating compliance or
10    noncompliance with the requirements of subsection (o) of
11    Section 11-74.6-10.
12    In addition to information required to be reported under
13this Section, for Fiscal Year 2022 and each fiscal year
14thereafter, reporting municipalities shall also report to the
15Comptroller annually in a manner and format prescribed by the
16Comptroller: (1) the number of jobs, if any, projected to be
17created for each redevelopment project area at the time of
18approval of the redevelopment agreement; (2) the number of
19jobs, if any, created as a result of the development to date
20for that reporting period under the same guidelines and
21assumptions as was used for the projections used at the time of
22approval of the redevelopment agreement; (3) the amount of
23increment projected to be created at the time of approval of
24the redevelopment agreement for each redevelopment project
25area; (4) the amount of increment created as a result of the
26development to date for that reporting period using the same

 

 

HB0571 Enrolled- 34 -LRB102 10490 AWJ 15819 b

1assumptions as was used for the projections used at the time of
2the approval of the redevelopment agreement; and (5) the
3stated rate of return identified by the developer to the
4municipality for each redevelopment project area, if any.
5Stated rates of return required to be reported in item (5)
6shall be independently verified by a third party chosen by the
7municipality. Reporting municipalities shall also report to
8the Comptroller a copy of the redevelopment plan each time the
9redevelopment plan is enacted, amended, or extended in a
10manner and format prescribed by the Comptroller. These
11requirements shall only apply to redevelopment projects
12beginning in or after Fiscal Year 2022.
13    (e) The joint review board shall meet annually 180 days
14after the close of the municipal fiscal year or as soon as the
15redevelopment project audit for that fiscal year becomes
16available to review the effectiveness and status of the
17redevelopment project area up to that date.
18(Source: P.A. 98-922, eff. 8-15-14; 99-792, eff. 8-12-16.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.