Bill Amendment: IL HB4394 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: MUNI CD TIF-LACON

Status: 2016-06-30 - Rule 19(a) / Re-referred to Rules Committee [HB4394 Detail]

Download: Illinois-2015-HB4394-Senate_Amendment_001.html

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Sen. Chuck Weaver

Filed: 5/18/2016

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AMENDMENT TO HOUSE BILL 4394
AMENDMENT NO. ______. Amend House Bill 4394 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Municipal Code is amended by
changing Section 11-74.6-22 as follows:
(65 ILCS 5/11-74.6-22)
Sec. 11-74.6-22. Adoption of ordinance; requirements;
changes.
(a) Before adoption of an ordinance proposing the
designation of a redevelopment planning area or a redevelopment
project area, or both, or approving a redevelopment plan or
redevelopment project, the municipality or commission
designated pursuant to subsection (l) of Section 11-74.6-15
shall fix by ordinance or resolution a time and place for
public hearing. Prior to the adoption of the ordinance or
resolution establishing the time and place for the public

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

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

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other board members.
All board members shall be appointed and the first board
meeting held within 14 days following the notice by the
municipality to all the taxing districts as required by
subsection (c) of Section 11-74.6-25. The notice shall also
advise the taxing bodies represented on the joint review board
of the time and place of the first meeting of the board.
Additional meetings of the board shall be held upon the call of
any 2 members. The municipality seeking designation of the
redevelopment project area may provide administrative support
to the board.
The board shall review the public record, planning
documents and proposed ordinances approving the redevelopment
plan and project to be adopted by the municipality. As part of
its deliberations, the board may hold additional hearings on
the proposal. A board's recommendation, if any, shall be a
written recommendation adopted by a majority vote of the board
and submitted to the municipality within 30 days after the
board convenes. A board's recommendation shall be binding upon
the municipality. Failure of the board to submit its
recommendation on a timely basis shall not be cause to delay
the public hearing or the process of establishing or amending
the redevelopment project area. The board's recommendation on
the proposal shall be based upon the area satisfying the
applicable eligibility criteria defined in Section 11-74.6-10
and whether there is a basis for the municipal findings set

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

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estimated redevelopment project cost set out in the
redevelopment plan by more than 5% after adjustment for
inflation from the date the plan was adopted, or (5) add
additional redevelopment project costs to the itemized list of
redevelopment project costs set out in the redevelopment plan
may be made without further hearing, provided that the
municipality shall give notice of any such changes by mail to
each affected taxing district and by publication once in a
newspaper of general circulation within the affected taxing
district. Such notice by mail and by publication shall each
occur not later than 10 days following the adoption by
ordinance of such changes.
Notwithstanding Section 11-74.6-50, the redevelopment
project area established by an ordinance adopted in its final
form on December 19, 2011 by the City of Loves Park may be
expanded by the adoption of an ordinance to that effect without
further hearing or notice to include land that (i) is at least
in part contiguous to the existing redevelopment project area,
(ii) does not exceed approximately 16.56 acres, (iii) at the
time of the establishment of the redevelopment project area
would have been otherwise eligible for inclusion in the
redevelopment project area, and (iv) is zoned so as to comply
with this Act prior to its inclusion in the redevelopment
project area.
(d) After the effective date of this amendatory Act of the
91st General Assembly, a municipality shall submit the

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

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(5) An analysis of the special tax allocation fund
which sets forth:
(A) the balance in the special tax allocation fund
at the beginning of the fiscal year;
(B) all amounts deposited in the special tax
allocation fund by source;
(C) an itemized list of all expenditures from the
special tax allocation fund by category of permissible
redevelopment project cost; and
(D) the balance in the special tax allocation fund
at the end of the fiscal year including a breakdown of
that balance by source and a breakdown of that balance
identifying any portion of the balance that is
required, pledged, earmarked, or otherwise designated
for payment of or securing of obligations and
anticipated redevelopment project costs. Any portion
of such ending balance that has not been identified or
is not identified as being required, pledged,
earmarked, or otherwise designated for payment of or
securing of obligations or anticipated redevelopment
project costs shall be designated as surplus as set
forth in Section 11-74.6-30 hereof.
(6) A description of all property purchased by the
municipality within the redevelopment project area
including:
(A) Street address.

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(B) Approximate size or description of property.
(C) Purchase price.
(D) Seller of property.
(7) A statement setting forth all activities
undertaken in furtherance of the objectives of the
redevelopment plan, including:
(A) Any project implemented in the preceding
fiscal year.
(B) A description of the redevelopment activities
undertaken.
(C) A description of any agreements entered into by
the municipality with regard to the disposition or
redevelopment of any property within the redevelopment
project area.
(D) Additional information on the use of all funds
received under this Division and steps taken by the
municipality to achieve the objectives of the
redevelopment plan.
(E) Information regarding contracts that the
municipality's tax increment advisors or consultants
have entered into with entities or persons that have
received, or are receiving, payments financed by tax
increment revenues produced by the same redevelopment
project area.
(F) Any reports submitted to the municipality by
the joint review board.

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(G) A review of public and, to the extent possible,
private investment actually undertaken to date after
the effective date of this amendatory Act of the 91st
General Assembly and estimated to be undertaken during
the following year. This review shall, on a
project-by-project basis, set forth the estimated
amounts of public and private investment incurred
after the effective date of this amendatory Act of the
91st General Assembly and provide the ratio of private
investment to public investment to the date of the
report and as estimated to the completion of the
redevelopment project.
(8) With regard to any obligations issued by the
municipality:
(A) copies of any official statements; and
(B) an analysis prepared by financial advisor or
underwriter setting forth: (i) nature and term of
obligation; and (ii) projected debt service including
required reserves and debt coverage.
(9) For special tax allocation funds that have received
cumulative deposits of incremental tax revenues of
$100,000 or more, a certified audit report reviewing
compliance with this Act performed by an independent public
accountant certified and licensed by the authority of the
State of Illinois. The financial portion of the audit must
be conducted in accordance with Standards for Audits of

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Governmental Organizations, Programs, Activities, and
Functions adopted by the Comptroller General of the United
States (1981), as amended, or the standards specified by
Section 8-8-5 of the Illinois Municipal Auditing Law of the
Illinois Municipal Code. The audit report shall contain a
letter from the independent certified public accountant
indicating compliance or noncompliance with the
requirements of subsection (o) of Section 11-74.6-10.
(e) The joint review board shall meet annually 180 days
after the close of the municipal fiscal year or as soon as the
redevelopment project audit for that fiscal year becomes
available to review the effectiveness and status of the
redevelopment project area up to that date.
(Source: P.A. 97-146, eff. 1-1-12; 98-922, eff. 8-15-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.".