Bill Text: IL SB2065 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Provides that the redevelopment projects in the TIF districts created by ordinance that were adopted on (i) December 13, 1993, (ii) February 12, 2001, and (iii) April 23, 2001 by the Village of Crete must be completed by December 31 of the 35th year (now, the 23rd year) after the year in which the respective ordinances were adopted. Makes revisory changes. Contains a non-acceleration clause. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-07-28 - Public Act . . . . . . . . . 96-1359 [SB2065 Detail]
Download: Illinois-2009-SB2065-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Section 11-74.4-3.5 as follows:
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6 | (65 ILCS 5/11-74.4-3.5) | ||||||
7 | Sec. 11-74.4-3.5. Completion dates for redevelopment | ||||||
8 | projects. | ||||||
9 | (a) Unless otherwise stated in this Section, the estimated | ||||||
10 | dates of completion
of the redevelopment project and retirement | ||||||
11 | of obligations issued to finance
redevelopment project costs | ||||||
12 | (including refunding bonds under Section 11-74.4-7) may not be
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13 | later than December 31 of the year in which the payment to the | ||||||
14 | municipal
treasurer, as provided in subsection (b) of Section | ||||||
15 | 11-74.4-8 of this Act, is to
be made with respect to ad valorem | ||||||
16 | taxes levied in the 23rd
calendar year after the year in which | ||||||
17 | the ordinance approving the
redevelopment project area was | ||||||
18 | adopted if the ordinance was adopted on or after
January 15, | ||||||
19 | 1981. | ||||||
20 | (b) The estimated dates of completion of the redevelopment | ||||||
21 | project and retirement of obligations issued to finance | ||||||
22 | redevelopment project costs (including refunding bonds under | ||||||
23 | Section 11-74.4-7) may not be later than December 31 of the |
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1 | year in which the payment to the municipal treasurer as | ||||||
2 | provided in subsection (b) of Section 11-74.4-8 of this Act is | ||||||
3 | to be made with respect to ad valorem taxes levied in the 32nd | ||||||
4 | calendar year after the year in which the ordinance approving | ||||||
5 | the redevelopment project area was adopted, if the ordinance | ||||||
6 | was adopted on September 9, 1999 by the Village of Downs. | ||||||
7 | The estimated dates of completion
of the redevelopment | ||||||
8 | project and retirement of obligations issued to finance
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9 | redevelopment project costs (including refunding bonds under | ||||||
10 | Section 11-74.4-7) may not be later than December 31 of the | ||||||
11 | year in which the payment to the municipal
treasurer as | ||||||
12 | provided in subsection (b) of Section 11-74.4-8 of this Act is | ||||||
13 | to
be made with respect to ad valorem taxes levied in the 33rd | ||||||
14 | calendar
year after the year in which the ordinance approving | ||||||
15 | the
redevelopment project area was adopted, if the ordinance | ||||||
16 | was adopted on May 20, 1985 by the Village of Wheeling. | ||||||
17 | (c) The estimated dates of completion
of the redevelopment | ||||||
18 | project and retirement of obligations issued to finance
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19 | redevelopment project costs (including refunding bonds under | ||||||
20 | Section 11-74.4-7) may not be later than December 31 of the | ||||||
21 | year in which the payment to the municipal
treasurer as | ||||||
22 | provided in subsection (b) of Section 11-74.4-8 of this Act is | ||||||
23 | to
be made with respect to ad valorem taxes levied in the 35th | ||||||
24 | calendar
year after the year in which the ordinance approving | ||||||
25 | the
redevelopment project area was adopted: | ||||||
26 | (1) if the ordinance was adopted before January 15, |
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1 | 1981; | ||||||
2 | (2) if the ordinance was adopted in December 1983, | ||||||
3 | April 1984, July 1985,
or December 1989; | ||||||
4 | (3) if the ordinance was adopted in December 1987 and | ||||||
5 | the redevelopment
project is located within one mile of | ||||||
6 | Midway Airport; | ||||||
7 | (4) if the ordinance was adopted before January 1, 1987 | ||||||
8 | by a municipality in
Mason County; | ||||||
9 | (5) if the municipality is subject to the Local | ||||||
10 | Government Financial Planning
and Supervision Act or the | ||||||
11 | Financially Distressed City Law; | ||||||
12 | (6) if the ordinance was adopted in December 1984 by | ||||||
13 | the Village of Rosemont; | ||||||
14 | (7) if the ordinance was adopted on December 31, 1986 | ||||||
15 | by a municipality
located in Clinton County for which at | ||||||
16 | least $250,000 of tax increment
bonds were authorized on | ||||||
17 | June 17, 1997, or if the ordinance was adopted on
December | ||||||
18 | 31, 1986 by a municipality with a population in 1990 of | ||||||
19 | less than
3,600 that is located in a county with a | ||||||
20 | population in 1990 of less than
34,000 and for which at | ||||||
21 | least $250,000 of tax increment bonds were authorized
on | ||||||
22 | June 17, 1997; | ||||||
23 | (8) if the ordinance was adopted on October 5, 1982 by | ||||||
24 | the City of Kankakee, or if the ordinance was adopted on | ||||||
25 | December 29, 1986 by East St. Louis; | ||||||
26 | (9) if
the ordinance was adopted on November 12, 1991 |
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1 | by the Village of Sauget; | ||||||
2 | (10) if the ordinance was
adopted on February 11, 1985 | ||||||
3 | by the City of Rock Island; | ||||||
4 | (11) if the ordinance was adopted before December 18, | ||||||
5 | 1986 by the City of
Moline; | ||||||
6 | (12) if the ordinance was adopted in September 1988 by | ||||||
7 | Sauk Village; | ||||||
8 | (13) if the ordinance was adopted in October 1993 by | ||||||
9 | Sauk Village; | ||||||
10 | (14) if the ordinance was adopted on December 29, 1986 | ||||||
11 | by the City of Galva; | ||||||
12 | (15) if the ordinance was adopted in March 1991 by the | ||||||
13 | City of Centreville; | ||||||
14 | (16) if the ordinance was adopted on January 23, 1991
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15 | by the City of East St. Louis; | ||||||
16 | (17) if the ordinance was adopted on December 22, 1986 | ||||||
17 | by the City of Aledo; | ||||||
18 | (18) if the ordinance was adopted on February 5, 1990 | ||||||
19 | by the City of Clinton; | ||||||
20 | (19) if the ordinance was adopted on September 6, 1994 | ||||||
21 | by the City of Freeport; | ||||||
22 | (20) if the ordinance was adopted on December 22, 1986 | ||||||
23 | by the City of Tuscola; | ||||||
24 | (21) if the ordinance was adopted on December 23, 1986 | ||||||
25 | by the City of Sparta; | ||||||
26 | (22) if the ordinance was adopted on December 23, 1986 |
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1 | by the City of
Beardstown; | ||||||
2 | (23) if the ordinance was adopted on April 27, 1981, | ||||||
3 | October 21, 1985, or
December 30, 1986 by the City of | ||||||
4 | Belleville; | ||||||
5 | (24) if the ordinance was adopted on December 29, 1986 | ||||||
6 | by the City of
Collinsville; | ||||||
7 | (25) if the ordinance was adopted on September 14, 1994 | ||||||
8 | by the
City of Alton; | ||||||
9 | (26) if the ordinance was adopted on November 11, 1996 | ||||||
10 | by the
City of Lexington; | ||||||
11 | (27) if the ordinance was adopted on November 5, 1984 | ||||||
12 | by
the City of LeRoy; | ||||||
13 | (28) if the ordinance was adopted on April 3, 1991 or
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14 | June 3, 1992 by the City of Markham; | ||||||
15 | (29) if the ordinance was adopted on November 11, 1986 | ||||||
16 | by the City of Pekin; | ||||||
17 | (30) if the ordinance was adopted on December 15, 1981 | ||||||
18 | by the City of Champaign; | ||||||
19 | (31) if the ordinance was adopted on December 15, 1986 | ||||||
20 | by the City of Urbana; | ||||||
21 | (32) if the ordinance was adopted on December 15, 1986 | ||||||
22 | by the Village of Heyworth; | ||||||
23 | (33) if the ordinance was adopted on February 24, 1992 | ||||||
24 | by the Village of Heyworth; | ||||||
25 | (34) if the ordinance was adopted on March 16, 1995 by | ||||||
26 | the Village of Heyworth; |
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1 | (35) if the ordinance was adopted on December 23, 1986 | ||||||
2 | by the Town of Cicero; | ||||||
3 | (36) if the ordinance was adopted on December 30, 1986 | ||||||
4 | by the City of Effingham; | ||||||
5 | (37) if the ordinance was adopted on May 9, 1991 by the | ||||||
6 | Village of
Tilton; | ||||||
7 | (38) if the ordinance was adopted on October 20, 1986 | ||||||
8 | by the City of Elmhurst; | ||||||
9 | (39) if the ordinance was adopted on January 19, 1988 | ||||||
10 | by the City of
Waukegan; | ||||||
11 | (40) if the ordinance was adopted on September 21, 1998 | ||||||
12 | by the City of
Waukegan; | ||||||
13 | (41) if the ordinance was adopted on December 31, 1986 | ||||||
14 | by the City of Sullivan; | ||||||
15 | (42) if the ordinance was adopted on December 23, 1991 | ||||||
16 | by the City of Sullivan; | ||||||
17 | (43) if the ordinance was adopted on December 31, 1986 | ||||||
18 | by the City of Oglesby; | ||||||
19 | (44) if the ordinance was adopted on July 28, 1987 by | ||||||
20 | the City of Marion; | ||||||
21 | (45) if the ordinance was adopted on April 23, 1990 by | ||||||
22 | the City of Marion; | ||||||
23 | (46) if the ordinance was adopted on August 20, 1985 by | ||||||
24 | the Village of Mount Prospect; | ||||||
25 | (47) if the ordinance was adopted on February 2, 1998 | ||||||
26 | by the Village of Woodhull; |
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1 | (48) if the ordinance was adopted on April 20, 1993 by | ||||||
2 | the Village of Princeville; | ||||||
3 | (49) if the ordinance was adopted on July 1, 1986 by | ||||||
4 | the City of Granite City; | ||||||
5 | (50) if the ordinance was adopted on February 2, 1989 | ||||||
6 | by the Village of Lombard; | ||||||
7 | (51) if the ordinance was adopted on December 29, 1986 | ||||||
8 | by the Village of Gardner; | ||||||
9 | (52) if the ordinance was adopted on July 14, 1999 by | ||||||
10 | the Village of Paw Paw; | ||||||
11 | (53) if the ordinance was adopted on November 17, 1986 | ||||||
12 | by the Village of Franklin Park; | ||||||
13 | (54) if the ordinance was adopted on November 20, 1989 | ||||||
14 | by the Village of South Holland; | ||||||
15 | (55) if the ordinance was adopted on July 14, 1992 by | ||||||
16 | the Village of Riverdale; | ||||||
17 | (56) if the ordinance was adopted on December 29, 1986 | ||||||
18 | by the City of Galesburg; | ||||||
19 | (57) if the ordinance was adopted on April 1, 1985 by | ||||||
20 | the City of Galesburg; | ||||||
21 | (58) if the ordinance was adopted on May 21, 1990 by | ||||||
22 | the City of West Chicago; | ||||||
23 | (59) if the ordinance was adopted on December 16, 1986 | ||||||
24 | by the City of Oak Forest; | ||||||
25 | (60) if the ordinance was adopted in 1999 by the City | ||||||
26 | of Villa Grove; |
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1 | (61) if the ordinance was adopted on January 13, 1987 | ||||||
2 | by the Village of Mt. Zion; | ||||||
3 | (62) if the ordinance was adopted on December 30, 1986 | ||||||
4 | by the Village of Manteno; | ||||||
5 | (63) if the ordinance was adopted on April 3, 1989 by | ||||||
6 | the City of Chicago Heights; | ||||||
7 | (64) if the ordinance was adopted on January 6, 1999 by | ||||||
8 | the Village of Rosemont; | ||||||
9 | (65) if the ordinance was adopted on December 19, 2000 | ||||||
10 | by the Village of Stone Park; | ||||||
11 | (66) if the ordinance was adopted on December 22, 1986 | ||||||
12 | by the City of DeKalb; | ||||||
13 | (67) if the ordinance was adopted on December 2, 1986 | ||||||
14 | by the City of Aurora;
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15 | (68)
if the ordinance was adopted on December 31, 1986 | ||||||
16 | by the Village of Milan; | ||||||
17 | (69)
if the ordinance was adopted on September 8, 1994 | ||||||
18 | by the City of West Frankfort; | ||||||
19 | (70) if the ordinance was adopted on December 23, 1986 | ||||||
20 | by the Village of Libertyville; | ||||||
21 | (71) if the ordinance was adopted on December 22, 1986 | ||||||
22 | by the Village of Hoffman Estates;
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23 | (72) if the ordinance was adopted on September 17, 1986 | ||||||
24 | by the Village of Sherman;
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25 | (73) if the ordinance was adopted on December 16, 1986 | ||||||
26 | by the City of Macomb; |
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1 | (74) if the ordinance was adopted on June 11, 2002 by | ||||||
2 | the City of East Peoria to create the West Washington | ||||||
3 | Street TIF; | ||||||
4 | (75) if the ordinance was adopted on June 11, 2002 by | ||||||
5 | the City of East Peoria to create the Camp Street TIF;
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6 | (76) if the ordinance was adopted on August 7, 2000 by | ||||||
7 | the City of Des Plaines; | ||||||
8 | (77) if the ordinance was adopted on December 22, 1986 | ||||||
9 | by the City of Washington to create the Washington Square | ||||||
10 | TIF #2; | ||||||
11 | (78) if the ordinance was adopted on December 29, 1986 | ||||||
12 | by the City of Morris;
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13 | (79) if the ordinance was adopted on July 6, 1998 by | ||||||
14 | the Village of Steeleville; | ||||||
15 | (80) if the ordinance was adopted on December 29, 1986 | ||||||
16 | by the City of Pontiac to create TIF I (the Main St TIF); | ||||||
17 | (81) if the ordinance was adopted on December 29, 1986 | ||||||
18 | by the City of Pontiac to create TIF II (the Interstate | ||||||
19 | TIF); | ||||||
20 | (82) if the ordinance was adopted on November 6, 2002 | ||||||
21 | by the City of Chicago to create the Madden/Wells TIF | ||||||
22 | District; | ||||||
23 | (83) if the ordinance was adopted on November 4, 1998 | ||||||
24 | by the City of Chicago to create the Roosevelt/Racine TIF | ||||||
25 | District; | ||||||
26 | (84) if the ordinance was adopted on June 10, 1998 by |
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1 | the City of Chicago to create the Stony Island | ||||||
2 | Commercial/Burnside Industrial Corridors TIF District; | ||||||
3 | (85) if the ordinance was adopted on November 29, 1989 | ||||||
4 | by the City of Chicago to create the Englewood Mall TIF | ||||||
5 | District; or | ||||||
6 | (86) if the ordinance was adopted on December 27, 1986 | ||||||
7 | by the City of Mendota; | ||||||
8 | (87) if the ordinance was adopted on December 31, 1986 | ||||||
9 | by the Village of Cahokia; or | ||||||
10 | (88) if the ordinance was adopted on September 20, 1999 | ||||||
11 | by the City of Belleville ; . | ||||||
12 | (89) (86) if the ordinance was adopted on December 30, | ||||||
13 | 1986 by the Village of Bellevue to create the Bellevue TIF | ||||||
14 | District 1 ; . | ||||||
15 | (90) if the ordinance was adopted on December 13, 1993 | ||||||
16 | by the Village of Crete; | ||||||
17 | (91) if the ordinance was adopted on February 12, 2001 | ||||||
18 | by the Village of Crete; | ||||||
19 | (92) if the ordinance was adopted on April 23, 2001 by | ||||||
20 | the Village of Crete; or | ||||||
21 | (93) if the ordinance was adopted on December 16, 1986 | ||||||
22 | by the City of Champaign. | ||||||
23 | (d) For redevelopment project areas for which bonds were | ||||||
24 | issued before
July 29, 1991, or for which contracts were | ||||||
25 | entered into before June 1,
1988, in connection with a | ||||||
26 | redevelopment project in the area within
the State Sales Tax |
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1 | Boundary, the estimated dates of completion of the
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2 | redevelopment project and retirement of obligations to finance | ||||||
3 | redevelopment
project costs (including refunding bonds under | ||||||
4 | Section 11-74.4-7) may be extended by municipal ordinance to | ||||||
5 | December 31, 2013.
The termination procedures of subsection (b) | ||||||
6 | of Section 11-74.4-8 are not
required for
these redevelopment | ||||||
7 | project areas in 2009 but are required in 2013.
The extension | ||||||
8 | allowed by Public Act 87-1272 shall not apply to real
property | ||||||
9 | tax increment allocation financing under Section 11-74.4-8. | ||||||
10 | (e) Those dates, for purposes of real property tax | ||||||
11 | increment allocation
financing pursuant to Section 11-74.4-8 | ||||||
12 | only, shall be not more than 35 years
for redevelopment project | ||||||
13 | areas that were adopted on or after December 16,
1986 and for | ||||||
14 | which at least $8 million worth of municipal bonds were | ||||||
15 | authorized
on or after December 19, 1989 but before January 1, | ||||||
16 | 1990; provided that the
municipality elects to extend the life | ||||||
17 | of the redevelopment project area to 35
years by the adoption | ||||||
18 | of an ordinance after at least 14 but not more than 30
days' | ||||||
19 | written notice to the taxing bodies, that would otherwise | ||||||
20 | constitute the
joint review board for the redevelopment project | ||||||
21 | area, before the adoption of
the ordinance. | ||||||
22 | (f) Those dates, for purposes of real property tax | ||||||
23 | increment allocation
financing pursuant to Section 11-74.4-8 | ||||||
24 | only, shall be not more than 35 years
for redevelopment project | ||||||
25 | areas that were established on or after December 1,
1981 but | ||||||
26 | before January 1, 1982 and for which at least $1,500,000 worth |
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1 | of
tax increment revenue bonds were authorized
on or after | ||||||
2 | September 30, 1990 but before July 1, 1991; provided that the
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3 | municipality elects to extend the life of the redevelopment | ||||||
4 | project area to 35
years by the adoption of an ordinance after | ||||||
5 | at least 14 but not more than 30
days' written notice to the | ||||||
6 | taxing bodies, that would otherwise constitute the
joint review | ||||||
7 | board for the redevelopment project area, before the adoption | ||||||
8 | of
the ordinance. | ||||||
9 | (g) In consolidating the material relating to completion | ||||||
10 | dates from Sections 11-74.4-3 and 11-74.4-7 into this Section, | ||||||
11 | it is not the intent of the General Assembly to make any | ||||||
12 | substantive change in the law, except for the extension of the | ||||||
13 | completion dates for the City of Aurora, the Village of Milan,
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14 | the City of West Frankfort, the Village of Libertyville, and | ||||||
15 | the Village of Hoffman Estates set forth under items (67),
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16 | (68), (69), (70), and (71) of subsection (c) of this Section. | ||||||
17 | (Source: P.A. 95-932, eff. 8-26-08; 95-964, eff. 9-23-08; | ||||||
18 | incorporates P.A. 95-777, eff. 9-22-08, and 95-1028, eff. | ||||||
19 | 8-25-09 (see Section 5 of P.A. 96-717 for the effective date of | ||||||
20 | changes made by P.A. 95-1028); 96-127, eff. 8-4-09; 96-182, | ||||||
21 | eff. 8-10-09; 96-208, eff. 8-10-09; 96-209, eff. 1-1-10; | ||||||
22 | 96-213, eff. 8-10-09; 96-264, eff. 8-11-09; 96-328, eff. | ||||||
23 | 8-11-09; 96-439, eff. 8-14-09; 96-454, eff. 8-14-09; 96-722, | ||||||
24 | eff. 8-25-09; 96-773, eff. 8-28-09; 96-830, eff. 12-4-09; | ||||||
25 | 96-837, eff. 12-16-09; revised 12-21-09.)
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26 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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