Bill Text: IL HB5438 | 2013-2014 | 98th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Governmental Account Audit Act, Counties Code, and Illinois Municipal Code. Provides that the amount of fees owed by a governmental unit for delinquent audits or reports may be reduced at the Comptroller's discretion. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-08-15 - Public Act . . . . . . . . . 98-0922 [HB5438 Detail]

Download: Illinois-2013-HB5438-Engrossed.html



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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 Governmental Account Audit Act is amended by
5changing Section 4 as follows:
6 (50 ILCS 310/4) (from Ch. 85, par. 704)
7 Sec. 4. Overdue report.
8 (a) If the required report for a governmental unit is not
9filed with the Comptroller in accordance with Section 2 or
10Section 3, whichever is applicable, within 6 months after the
11close of the fiscal year of the governmental unit, the
12Comptroller shall notify the governing body of that unit in
13writing that the report is due and may also grant a 60 day
14extension for the filing of the audit report. If the required
15report is not filed within the time specified in such written
16notice, the Comptroller shall cause an audit to be made by a
17licensed public accountant, and the governmental unit shall pay
18to the Comptroller actual compensation and expenses to
19reimburse him for the cost of preparing or completing such
20report.
21 (b) The Comptroller may decline to order an audit and the
22preparation of an audit report (i) if an initial examination of
23the books and records of the governmental unit indicates that

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1the books and records of the governmental unit are inadequate
2or unavailable due to the passage of time or the occurrence of
3a natural disaster or (ii) if the Comptroller determines that
4the cost of an audit would impose an unreasonable financial
5burden on the governmental unit.
6 (c) The State Comptroller may grant extensions for
7delinquent audits or reports. The Comptroller may charge a
8governmental unit a fee for a delinquent audit or report of $5
9per day for the first 15 days past due, $10 per day for 16
10through 30 days past due, $15 per day for 31 through 45 days
11past due, and $20 per day for the 46th day and every day
12thereafter. These amounts may be reduced at the Comptroller's
13discretion. All fees collected under this subsection (c) shall
14be deposited into the Comptroller's Administrative Fund.
15(Source: P.A. 97-890, eff. 8-2-12; 97-1142, eff. 12-28-12.)
16 Section 10. The Counties Code is amended by changing
17Section 6-31004 as follows:
18 (55 ILCS 5/6-31004) (from Ch. 34, par. 6-31004)
19 Sec. 6-31004. Overdue reports.
20 (a) In the event the required reports for a county are not
21filed with the Comptroller in accordance with Section 6-31003
22within 6 months after the close of the fiscal year of the
23county, the Comptroller shall notify the county board in
24writing that the reports are due, and may also grant an

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1extension of time of up to 60 days for the filing of the
2reports. In the event the required reports are not filed within
3the time specified in such written notice, the Comptroller
4shall cause the audit to be made and the audit report prepared
5by an accountant or accountants.
6 (b) The Comptroller may decline to order an audit and the
7preparation of an audit report if an initial examination of the
8books and records of the governmental unit indicates that the
9books and records of the governmental unit are inadequate or
10unavailable due to the passage of time or the occurrence of a
11natural disaster.
12 (c) The State Comptroller may grant extensions for
13delinquent audits or reports. The Comptroller may charge a
14county a fee for a delinquent audit or report of $5 per day for
15the first 15 days past due, $10 per day for 16 through 30 days
16past due, $15 per day for 31 through 45 days past due, and $20
17per day for the 46th day and every day thereafter. These
18amounts may be reduced at the Comptroller's discretion. All
19fees collected under this subsection (c) shall be deposited
20into the Comptroller's Administrative Fund.
21(Source: P.A. 97-890, eff. 8-2-12; 97-1142, eff. 12-28-12.)
22 Section 15. The Illinois Municipal Code is amended by
23changing Sections 8-8-3.5, 8-8-4 and 11-74.4-5 as follows:
24 (65 ILCS 5/8-8-3.5)

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1 Sec. 8-8-3.5. Tax Increment Financing Report. The reports
2filed under subsection (d) of Section 11-74.4-5 of the Tax
3Increment Allocation Redevelopment Act and the reports filed
4under subsection (d) of Section 11-74.6-22 of the Industrial
5Jobs Recovery Law in the Illinois Municipal Code must be
6separate from any other annual report filed with the
7Comptroller. The Comptroller must, in cooperation with
8reporting municipalities, create a format for the reporting of
9information described in paragraphs (1.5) and (5) and in
10subparagraph (G) of paragraph (7) of subsection (d) of Section
1111-74.4-5 of the Tax Increment Allocation Redevelopment Act and
12the information described in paragraphs (1.5) and (5) and in
13subparagraph (G) of paragraph (7) of subsection (d) of Section
1411-74.6-22 of the Industrial Jobs Recovery Law that facilitates
15consistent reporting among the reporting municipalities. The
16Comptroller may allow these reports to be filed electronically
17and may display the report, or portions of the report,
18electronically via the Internet. All reports filed under this
19Section must be made available for examination and copying by
20the public at all reasonable times. A Tax Increment Financing
21Report must be filed electronically with the Comptroller within
22180 days after the close of the municipal fiscal year or as
23soon thereafter as the audit for the redevelopment project area
24for that fiscal year becomes available. If the Tax Increment
25Finance administrator provides the Comptroller's office with
26sufficient evidence that the report is in the process of being

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1completed by an auditor, the Comptroller may grant an
2extension. The Comptroller may, at his or her discretion, also
3grant a 60-day extension for the filing of this information.
4The Comptroller may exempt a municipality from filing this
5information if an initial examination of the books and records
6of the municipality indicates that the books and records are
7inadequate or unavailable due to the passage of time or the
8occurrence of a natural disaster. If the required report is not
9filed within the time extended by the Comptroller, the
10Comptroller may charge a municipality a fee of $5 per day for
11the first 15 days past due, $10 per day for 16 through 30 days
12past due, $15 per day for 31 through 45 days past due, and $20
13per day for the 46th day and every day thereafter. These
14amounts may be reduced at the Comptroller's discretion. All
15fees collected pursuant to this Section shall be deposited into
16the Comptroller's Administrative Fund.
17(Source: P.A. 98-497, eff. 8-16-13.)
18 (65 ILCS 5/8-8-4) (from Ch. 24, par. 8-8-4)
19 Sec. 8-8-4. Overdue reports.
20 (a) In the event the required audit report for a
21municipality is not filed with the Comptroller in accordance
22with Section 8-8-7 within 6 months after the close of the
23fiscal year of the municipality, the Comptroller shall notify
24the corporate authorities of that municipality in writing that
25the audit report is due, and may also grant an extension of

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1time of 60 days, for the filing of the audit report. In the
2event the required audit report is not filed within the time
3specified in such written notice, the Comptroller shall cause
4such audit to be made by an accountant or accountants. In the
5event the required annual or supplemental report for a
6municipality is not filed within 6 months after the close of
7the fiscal year of the municipality, the Comptroller shall
8notify the corporate authorities of that municipality in
9writing that the annual or supplemental report is due and may
10grant an extension in time of 60 days for the filing of such
11annual or supplemental report.
12 (b) In the event the annual or supplemental report is not
13filed within the time extended by the Comptroller, the
14Comptroller shall cause such annual or supplemental report to
15be prepared or completed and the municipality shall pay to the
16Comptroller reasonable compensation and expenses to reimburse
17him for the cost of preparing or completing such annual or
18supplemental report. Moneys paid to the Comptroller pursuant to
19the preceding sentence shall be deposited into the
20Comptroller's Audit Expense Revolving Fund.
21 (c) The Comptroller may decline to order an audit or the
22completion of the supplemental report if an initial examination
23of the books and records of the municipality indicates that
24books and records of the municipality are inadequate or
25unavailable to support the preparation of the audit report or
26the supplemental report due to the passage of time or the

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1occurrence of a natural disaster.
2 (d) The State Comptroller may grant extensions for
3delinquent audits or reports. The Comptroller may charge a
4municipality a fee for a delinquent audit or report of $5 per
5day for the first 15 days past due, $10 per day for 16 through
630 days past due, $15 per day for 31 through 45 days past due,
7and $20 per day for the 46th day and every day thereafter.
8These amounts may be reduced at the Comptroller's discretion.
9All fees collected under this subsection (d) shall be deposited
10into the Comptroller's Administrative Fund.
11(Source: P.A. 97-890, eff. 8-2-12; 97-1142, eff. 12-28-12.)
12 (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
13 Sec. 11-74.4-5. Public hearing; joint review board.
14 (a) The changes made by this amendatory Act of the 91st
15General Assembly do not apply to a municipality that, (i)
16before the effective date of this amendatory Act of the 91st
17General Assembly, has adopted an ordinance or resolution fixing
18a time and place for a public hearing under this Section or
19(ii) before July 1, 1999, has adopted an ordinance or
20resolution providing for a feasibility study under Section
2111-74.4-4.1, but has not yet adopted an ordinance approving
22redevelopment plans and redevelopment projects or designating
23redevelopment project areas under Section 11-74.4-4, until
24after that municipality adopts an ordinance approving
25redevelopment plans and redevelopment projects or designating

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1redevelopment project areas under Section 11-74.4-4;
2thereafter the changes made by this amendatory Act of the 91st
3General Assembly apply to the same extent that they apply to
4redevelopment plans and redevelopment projects that were
5approved and redevelopment projects that were designated
6before the effective date of this amendatory Act of the 91st
7General Assembly.
8 Prior to the adoption of an ordinance proposing the
9designation of a redevelopment project area, or approving a
10redevelopment plan or redevelopment project, the municipality
11by its corporate authorities, or as it may determine by any
12commission designated under subsection (k) of Section
1311-74.4-4 shall adopt an ordinance or resolution fixing a time
14and place for public hearing. At least 10 days prior to the
15adoption of the ordinance or resolution establishing the time
16and place for the public hearing, the municipality shall make
17available for public inspection a redevelopment plan or a
18separate report that provides in reasonable detail the basis
19for the eligibility of the redevelopment project area. The
20report along with the name of a person to contact for further
21information shall be sent within a reasonable time after the
22adoption of such ordinance or resolution to the affected taxing
23districts by certified mail. On and after the effective date of
24this amendatory Act of the 91st General Assembly, the
25municipality shall print in a newspaper of general circulation
26within the municipality a notice that interested persons may

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1register with the municipality in order to receive information
2on the proposed designation of a redevelopment project area or
3the approval of a redevelopment plan. The notice shall state
4the place of registration and the operating hours of that
5place. The municipality shall have adopted reasonable rules to
6implement this registration process under Section 11-74.4-4.2.
7The municipality shall provide notice of the availability of
8the redevelopment plan and eligibility report, including how to
9obtain this information, by mail within a reasonable time after
10the adoption of the ordinance or resolution, to all residential
11addresses that, after a good faith effort, the municipality
12determines are located outside the proposed redevelopment
13project area and within 750 feet of the boundaries of the
14proposed redevelopment project area. This requirement is
15subject to the limitation that in a municipality with a
16population of over 100,000, if the total number of residential
17addresses outside the proposed redevelopment project area and
18within 750 feet of the boundaries of the proposed redevelopment
19project area exceeds 750, the municipality shall be required to
20provide the notice to only the 750 residential addresses that,
21after a good faith effort, the municipality determines are
22outside the proposed redevelopment project area and closest to
23the boundaries of the proposed redevelopment project area.
24Notwithstanding the foregoing, notice given after August 7,
252001 (the effective date of Public Act 92-263) and before the
26effective date of this amendatory Act of the 92nd General

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

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

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

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1redevelopment project area. Municipalities with fewer than
215,000 residents shall not be required to select a person who
3lives in very low, low, or moderate income housing within the
4redevelopment project area, provided that the redevelopment
5plan or project will not result in displacement of residents
6from 10 or more inhabited units, and the municipality so
7certifies in the plan. If no person satisfying these
8requirements is available or if no qualified person will serve
9as the public member, then the joint review board is relieved
10of this paragraph's selection requirements for the public
11member.
12 Within 90 days of the effective date of this amendatory Act
13of the 91st General Assembly, each municipality that designated
14a redevelopment project area for which it was not required to
15convene a joint review board under this Section shall convene a
16joint review board to perform the duties specified under
17paragraph (e) of this Section.
18 All board members shall be appointed and the first board
19meeting shall be held at least 14 days but not more than 28
20days after the mailing of notice by the municipality to the
21taxing districts as required by Section 11-74.4-6(c).
22Notwithstanding the preceding sentence, a municipality that
23adopted either a public hearing resolution or a feasibility
24resolution between July 1, 1999 and July 1, 2000 that called
25for the meeting of the joint review board within 14 days of
26notice of public hearing to affected taxing districts is deemed

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

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1redevelopment project area or the amendment of the
2redevelopment plan or addition of parcels of property to the
3redevelopment project area on the basis of the redevelopment
4project area and redevelopment plan satisfying the plan
5requirements, the eligibility criteria defined in Section
611-74.4-3, and the objectives of this Act.
7 The board shall issue a written report describing why the
8redevelopment plan and project area or the amendment thereof
9meets or fails to meet one or more of the objectives of this
10Act and both the plan requirements and the eligibility criteria
11defined in Section 11-74.4-3. In the event the Board does not
12file a report it shall be presumed that these taxing bodies
13find the redevelopment project area and redevelopment plan
14satisfy the objectives of this Act and the plan requirements
15and eligibility criteria.
16 If the board recommends rejection of the matters before it,
17the municipality will have 30 days within which to resubmit the
18plan or amendment. During this period, the municipality will
19meet and confer with the board and attempt to resolve those
20issues set forth in the board's written report that led to the
21rejection of the plan or amendment.
22 Notwithstanding the resubmission set forth above, the
23municipality may commence the scheduled public hearing and
24either adjourn the public hearing or continue the public
25hearing until a date certain. Prior to continuing any public
26hearing to a date certain, the municipality shall announce

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1during the public hearing the time, date, and location for the
2reconvening of the public hearing. Any changes to the
3redevelopment plan necessary to satisfy the issues set forth in
4the joint review board report shall be the subject of a public
5hearing before the hearing is adjourned if the changes would
6(1) substantially affect the general land uses proposed in the
7redevelopment plan, (2) substantially change the nature of or
8extend the life of the redevelopment project, or (3) increase
9the number of inhabited residential units to be displaced from
10the redevelopment project area, as measured from the time of
11creation of the redevelopment project area, to a total of more
12than 10. Changes to the redevelopment plan necessary to satisfy
13the issues set forth in the joint review board report shall not
14require any further notice or convening of a joint review board
15meeting, except that any changes to the redevelopment plan that
16would add additional parcels of property to the proposed
17redevelopment project area shall be subject to the notice,
18public hearing, and joint review board meeting requirements
19established for such changes by subsection (a) of Section
2011-74.4-5.
21 In the event that the municipality and the board are unable
22to resolve these differences, or in the event that the
23resubmitted plan or amendment is rejected by the board, the
24municipality may proceed with the plan or amendment, but only
25upon a three-fifths vote of the corporate authority responsible
26for approval of the plan or amendment, excluding positions of

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1members that are vacant and those members that are ineligible
2to vote because of conflicts of interest.
3 (c) After a municipality has by ordinance approved a
4redevelopment plan and designated a redevelopment project
5area, the plan may be amended and additional properties may be
6added to the redevelopment project area only as herein
7provided. Amendments which (1) add additional parcels of
8property to the proposed redevelopment project area, (2)
9substantially affect the general land uses proposed in the
10redevelopment plan, (3) substantially change the nature of the
11redevelopment project, (4) increase the total estimated
12redevelopment project costs set out in the redevelopment plan
13by more than 5% after adjustment for inflation from the date
14the plan was adopted, (5) add additional redevelopment project
15costs to the itemized list of redevelopment project costs set
16out in the redevelopment plan, or (6) increase the number of
17inhabited residential units to be displaced from the
18redevelopment project area, as measured from the time of
19creation of the redevelopment project area, to a total of more
20than 10, shall be made only after the municipality gives
21notice, convenes a joint review board, and conducts a public
22hearing pursuant to the procedures set forth in this Section
23and in Section 11-74.4-6 of this Act. 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)

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1substantially change the nature of the redevelopment project,
2(4) increase the total estimated redevelopment project cost set
3out in the redevelopment plan by more than 5% after adjustment
4for inflation from the date the plan was adopted, (5) add
5additional redevelopment project costs to the itemized list of
6redevelopment project costs set out in the redevelopment plan,
7or (6) increase the number of inhabited residential units to be
8displaced from the redevelopment project area, as measured from
9the time of creation of the redevelopment project area, to a
10total of more than 10, may be made without further public
11hearing and related notices and procedures including the
12convening of a joint review board as set forth in Section
1311-74.4-6 of this Act, provided that the municipality shall
14give notice of any such changes by mail to each affected taxing
15district and registrant on the interested parties registry,
16provided for under Section 11-74.4-4.2, and by publication in a
17newspaper of general circulation within the affected taxing
18district. Such notice by mail and by publication shall each
19occur not later than 10 days following the adoption by
20ordinance of such changes.
21 (d) After the effective date of this amendatory Act of the
2291st General Assembly, a municipality shall submit in an
23electronic format the following information for each
24redevelopment project area (i) to the State Comptroller under
25Section 8-8-3.5 of the Illinois Municipal Code, subject to any
26extensions or exemptions provided at the Comptroller's

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

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

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

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

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1 Comptroller General of the United States (1981), as
2 amended, or the standards specified by Section 8-8-5 of the
3 Illinois Municipal Auditing Law of the Illinois Municipal
4 Code. The audit report shall contain a letter from the
5 independent certified public accountant indicating
6 compliance or noncompliance with the requirements of
7 subsection (q) of Section 11-74.4-3. For redevelopment
8 plans or projects that would result in the displacement of
9 residents from 10 or more inhabited residential units or
10 that contain 75 or more inhabited residential units, notice
11 of the availability of the information, including how to
12 obtain the report, required in this subsection shall also
13 be sent by mail to all residents or organizations that
14 operate in the municipality that register with the
15 municipality for that information according to
16 registration procedures adopted under Section 11-74.4-4.2.
17 All municipalities are subject to this provision.
18 (10) A list of all intergovernmental agreements in
19 effect during the fiscal year to which the municipality is
20 a party and an accounting of any moneys transferred or
21 received by the municipality during that fiscal year
22 pursuant to those intergovernmental agreements.
23 (d-1) Prior to the effective date of this amendatory Act of
24the 91st General Assembly, municipalities with populations of
25over 1,000,000 shall, after adoption of a redevelopment plan or
26project, make available upon request to any taxing district in

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1which the redevelopment project area is located the following
2information:
3 (1) Any amendments to the redevelopment plan, the
4 redevelopment project area, or the State Sales Tax
5 Boundary; and
6 (2) In connection with any redevelopment project area
7 for which the municipality has outstanding obligations
8 issued to provide for redevelopment project costs pursuant
9 to Section 11-74.4-7, audited financial statements of the
10 special tax allocation fund.
11 (e) The joint review board shall meet annually 180 days
12after the close of the municipal fiscal year or as soon as the
13redevelopment project audit for that fiscal year becomes
14available to review the effectiveness and status of the
15redevelopment project area up to that date.
16 (f) (Blank).
17 (g) In the event that a municipality has held a public
18hearing under this Section prior to March 14, 1994 (the
19effective date of Public Act 88-537), the requirements imposed
20by Public Act 88-537 relating to the method of fixing the time
21and place for public hearing, the materials and information
22required to be made available for public inspection, and the
23information required to be sent after adoption of an ordinance
24or resolution fixing a time and place for public hearing shall
25not be applicable.
26 (h) On and after the effective date of this amendatory Act

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1of the 96th General Assembly, the State Comptroller must post
2on the State Comptroller's official website the information
3submitted by a municipality pursuant to subsection (d) of this
4Section. The information must be posted no later than 45 days
5after the State Comptroller receives the information from the
6municipality. The State Comptroller must also post a list of
7the municipalities not in compliance with the reporting
8requirements set forth in subsection (d) of this Section.
9 (i) No later than 10 years after the corporate authorities
10of a municipality adopt an ordinance to establish a
11redevelopment project area, the municipality must compile a
12status report concerning the redevelopment project area. The
13status report must detail without limitation the following: (i)
14the amount of revenue generated within the redevelopment
15project area, (ii) any expenditures made by the municipality
16for the redevelopment project area including without
17limitation expenditures from the special tax allocation fund,
18(iii) the status of planned activities, goals, and objectives
19set forth in the redevelopment plan including details on new or
20planned construction within the redevelopment project area,
21(iv) the amount of private and public investment within the
22redevelopment project area, and (v) any other relevant
23evaluation or performance data. Within 30 days after the
24municipality compiles the status report, the municipality must
25hold at least one public hearing concerning the report. The
26municipality must provide 20 days' public notice of the

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1hearing.
2 (j) Beginning in fiscal year 2011 and in each fiscal year
3thereafter, a municipality must detail in its annual budget (i)
4the revenues generated from redevelopment project areas by
5source and (ii) the expenditures made by the municipality for
6redevelopment project areas.
7(Source: P.A. 96-1335, eff. 7-27-10.)
8 Section 99. Effective date. This Act takes effect upon
9becoming law.
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