Illinois 94th Regular Session Status: Passed Senate

SB 1866 — MUNI TIF-TRANSPORTATION

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Adds costs of and associated with transportation oriented developments to the definition of "redevelopment project costs".

Bill Text

What changed in the latest version

105 added · 67 removed

Plain-language change summary

The latest version of SB 1866 introduces several new lines that clarify and expand on the definition of "redevelopment project costs" under the Tax Increment Allocation Redevelopment Act. This change aims to provide a more detailed framework for evaluating the costs associated with redevelopment projects, which is important for ensuring that public funds are used effectively. By clearly defining these costs, the bill may also promote transparency and accountability in how redevelopment initiatives are funded and executed.

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*LRB09407778AJO37956b* SB1866 94TH GENERAL ASSEMBLY State of Illinois and 2006 SB1866 Introduced 2/25/2005, by Sen.
SB1866 Engrossed LRB094 07778 AJO 37956 b AN ACT concerning local government.
Debbie DeFrancesco Halvorson SYNOPSIS AS INTRODUCED:
ILCS 5/11-74.4-3 from Ch.
24, par.
11-74.4-3 Amends the Tax Increment Allocation Redevelopment Act in the Illinois developments to the definition of "redevelopment project costs".
oriented LRB094 07778 AJO 37956 b FISCAL NOTE ACT HOUSING STATE MANDATES MAY APPLY AFFORDABILITY ACT MAY REQUIRE IMPMAY APPLYACT REIMBURSEMENT A BILL FOR SB1866 LRB094 07778 AJO 37956 b AN ACT concerning local government.
An advanced state of disrepair or neglect of necessary repairs to the primary structural components of buildings or improvements in such a combination that a documented building SB1866 - 2 - LRB094 07778 AJO 37956 b condition analysis determines that major repair is required or the defects are so serious and so extensive that the buildings must be removed.
An advanced state of disrepair or neglect of necessary repairs to the primary structural components of buildings or improvements in such a combination that a documented building SB1866 Engrossed - 2 - LRB094 07778 AJO 37956 b condition analysis determines that major repair is required or the defects are so serious and so extensive that the buildings must be removed.
SB1866 - 3 - LRB094 07778 AJO 37956 b Inadequate natural light and ventilation means the absence of skylights or windows for interior spaces or rooms and improper window sizes and amounts by room area to window area ratios.
SB1866 Engrossed - 3 - LRB094 07778 AJO 37956 b Inadequate natural light and ventilation means the absence of skylights or windows for interior spaces or rooms and improper window sizes and amounts by room area to window area ratios.
insufficient provision for light and air within or around buildings, increased threat of spread of fire due to the close proximity of buildings, lack of adequate or proper access to a public right-of-way, lack of reasonably required off-street parking, or SB1866 - 4 - LRB094 07778 AJO 37956 b inadequate provision for loading and service.
insufficient provision for light and air within or around buildings, increased threat of spread of fire due to the close proximity of buildings, lack of adequate or proper access to a public right-of-way, lack of reasonably required off-street parking, or SB1866 Engrossed - 4 - LRB094 07778 AJO 37956 b inadequate provision for loading and service.
(M) The total equalized assessed value of the proposed redevelopment project area has declined for 3 of the last 5 calendar years prior to the year in which the redevelopment project area is designated or is increasing at an annual rate that is less than the SB1866 - 5 - LRB094 07778 AJO 37956 b balance of the municipality for 3 of the last 5 calendar years for which information is available or is increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for 3 of the last 5 calendar years prior to the year in which the redevelopment project area is designated.
(M) The total equalized assessed value of the proposed redevelopment project area has declined for 3 of the last 5 calendar years prior to the year in which the redevelopment project area is designated or is increasing at an annual rate that is less than the SB1866 Engrossed - 5 - LRB094 07778 AJO 37956 b balance of the municipality for 3 of the last 5 calendar years for which information is available or is increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for 3 of the last 5 calendar years prior to the year in which the redevelopment project area is designated.
(E) The area has incurred Illinois Environmental SB1866 - 6 - LRB094 07778 AJO 37956 b Protection Agency or United States Environmental Protection Agency remediation costs for, or a study conducted by an independent consultant recognized as having expertise in environmental remediation has determined a need for, the clean-up of hazardous waste, hazardous substances, or underground storage tanks required by State or federal law, provided that the remediation costs constitute a material impediment to the development or redevelopment of the redevelopment project area.
(E) The area has incurred Illinois Environmental SB1866 Engrossed - 6 - LRB094 07778 AJO 37956 b Protection Agency or United States Environmental Protection Agency remediation costs for, or a study conducted by an independent consultant recognized as having expertise in environmental remediation has determined a need for, the clean-up of hazardous waste, hazardous substances, or underground storage tanks required by State or federal law, provided that the remediation costs constitute a material impediment to the development or redevelopment of the redevelopment project area.
(C) The area, prior to its designation, is subject SB1866 - 7 - LRB094 07778 AJO 37956 b to (i) chronic flooding that adversely impacts on real property in the area as certified by a registered professional engineer or appropriate regulatory agency or (ii) surface water that discharges from all or a part of the area and contributes to flooding within the same watershed, but only if the redevelopment project provides for facilities or improvements to contribute to the alleviation of all or part of the flooding.
(C) The area, prior to its designation, is subject SB1866 Engrossed - 7 - LRB094 07778 AJO 37956 b to (i) chronic flooding that adversely impacts on real property in the area as certified by a registered professional engineer or appropriate regulatory agency or (ii) surface water that discharges from all or a part of the area and contributes to flooding within the same watershed, but only if the redevelopment project provides for facilities or improvements to contribute to the alleviation of all or part of the flooding.
On and after November 1, 1999, "conservation area" means any improved area within the boundaries of a redevelopment project area located within the territorial limits of the municipality in which 50% or more of the structures in the area SB1866 - 8 - LRB094 07778 AJO 37956 b have an age of 35 years or more.
On and after November 1, 1999, "conservation area" means any improved area within the boundaries of a redevelopment project area located within the territorial limits of the municipality in which 50% or more of the structures in the area SB1866 Engrossed - 8 - LRB094 07778 AJO 37956 b have an age of 35 years or more.
The presence of buildings that are unoccupied or under-utilized and that represent an adverse influence on the area because of the frequency, SB1866 - 9 - LRB094 07778 AJO 37956 b extent, or duration of the vacancies.
The presence of buildings that are unoccupied or under-utilized and that represent an adverse influence on the area because of the frequency, SB1866 Engrossed - 9 - LRB094 07778 AJO 37956 b extent, or duration of the vacancies.
insufficient provision for light and air within or around buildings, increased threat of spread of SB1866 - 10 - LRB094 07778 AJO 37956 b fire due to the close proximity of buildings, lack of adequate or proper access to a public right-of-way, lack of reasonably required off-street parking, or inadequate provision for loading and service.
insufficient provision for light and air within or around buildings, increased threat of spread of SB1866 Engrossed - 10 - LRB094 07778 AJO 37956 b fire due to the close proximity of buildings, lack of adequate or proper access to a public right-of-way, lack of reasonably required off-street parking, or inadequate provision for loading and service.
(13) The total equalized assessed value of the proposed redevelopment project area has declined for 3 of the last 5 calendar years for which information is available or is increasing at an annual rate that is less than the balance SB1866 - 11 - LRB094 07778 AJO 37956 b of the municipality for 3 of the last 5 calendar years for which information is available or is increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for 3 of the last 5 calendar years for which information is available.
(13) The total equalized assessed value of the proposed redevelopment project area has declined for 3 of the last 5 calendar years for which information is available or is increasing at an annual rate that is less than the balance SB1866 Engrossed - 11 - LRB094 07778 AJO 37956 b of the municipality for 3 of the last 5 calendar years for which information is available or is increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for 3 of the last 5 calendar years for which information is available.
For the purpose of this subsection, if unemployment rate statistics for the municipality are not available, the unemployment rate in the SB1866 - 12 - LRB094 07778 AJO 37956 b municipality shall be deemed to be the same as the unemployment rate in the principal county in which the municipality is located.
For the purpose of this subsection, if unemployment rate statistics for the municipality are not available, the unemployment rate in the SB1866 Engrossed - 12 - LRB094 07778 AJO 37956 b municipality shall be deemed to be the same as the unemployment rate in the principal county in which the municipality is located.
For purposes of computing the aggregate amount of such taxes for base years occurring prior to 1985, the SB1866 - 13 - LRB094 07778 AJO 37956 b Department of Revenue shall determine the Initial Sales Tax Amounts for such taxes and deduct therefrom an amount equal to 4% of the aggregate amount of taxes per year for each year the base year is prior to 1985, but not to exceed a total deduction of 12%.
For purposes of computing the aggregate amount of such taxes for base years occurring prior to 1985, the SB1866 Engrossed - 13 - LRB094 07778 AJO 37956 b Department of Revenue shall determine the Initial Sales Tax Amounts for such taxes and deduct therefrom an amount equal to 4% of the aggregate amount of taxes per year for each year the base year is prior to 1985, but not to exceed a total deduction of 12%.
For every State Fiscal Year thereafter, the applicable period shall be the 12 months beginning July 1 and ending June 30 to determine the tax SB1866 - 14 - LRB094 07778 AJO 37956 b amounts received which shall have deducted therefrom the certified Initial Sales Tax Amounts, the Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as the case may be.
For every State Fiscal Year thereafter, the applicable period shall be the 12 months beginning July 1 and ending June 30 to determine the tax SB1866 Engrossed - 14 - LRB094 07778 AJO 37956 b amounts received which shall have deducted therefrom the certified Initial Sales Tax Amounts, the Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as the case may be.
30% SB1866 - 15 - LRB094 07778 AJO 37956 b in the State Fiscal Year 2005;
30% SB1866 Engrossed - 15 - LRB094 07778 AJO 37956 b in the State Fiscal Year 2005;
(j) "State Utility Tax Increment Amount" means an amount equal to the aggregate increase in State electric and gas tax charges imposed on owners and tenants, other than residential customers, of properties located within the redevelopment project area under Section 9-222 of the Public Utilities Act, over and above the aggregate of such charges as certified by the Department of Revenue and paid by owners and tenants, other SB1866 - 16 - LRB094 07778 AJO 37956 b than residential customers, of properties within the redevelopment project area during the base year, which shall be the calendar year immediately prior to the year of the adoption of the ordinance authorizing tax increment allocation financing.
(j) "State Utility Tax Increment Amount" means an amount equal to the aggregate increase in State electric and gas tax charges imposed on owners and tenants, other than residential customers, of properties located within the redevelopment project area under Section 9-222 of the Public Utilities Act, over and above the aggregate of such charges as certified by the Department of Revenue and paid by owners and tenants, other SB1866 Engrossed - 16 - LRB094 07778 AJO 37956 b than residential customers, of properties within the redevelopment project area during the base year, which shall be the calendar year immediately prior to the year of the adoption of the ordinance authorizing tax increment allocation financing.
SB1866 - 17 - LRB094 07778 AJO 37956 b Refunding of any bonds issued prior to June 1, 1988, shall not alter the revised Net State Utility Tax Increment payments set forth above.
SB1866 Engrossed - 17 - LRB094 07778 AJO 37956 b Refunding of any bonds issued prior to June 1, 1988, shall not alter the revised Net State Utility Tax Increment payments set forth above.
For the purpose of this subsection, "recreational activities" is limited to mean SB1866 - 18 - LRB094 07778 AJO 37956 b camping and hunting.
For the purpose of this subsection, "recreational activities" is limited to mean SB1866 Engrossed - 18 - LRB094 07778 AJO 37956 b camping and hunting.
The provisions of items (B) and (C) of this subsection (n) shall not apply to a municipality that before March 14, 1994 (the effective date of Public Act 88-537) had fixed, either by SB1866 - 19 - LRB094 07778 AJO 37956 b its corporate authorities or by a commission designated under subsection (k) of Section 11-74.4-4, a time and place for a public hearing as required by subsection (a) of Section 11-74.4-5.
The provisions of items (B) and (C) of this subsection (n) shall not apply to a municipality that before March 14, 1994 (the effective date of Public Act 88-537) had fixed, either by SB1866 Engrossed - 19 - LRB094 07778 AJO 37956 b its corporate authorities or by a commission designated under subsection (k) of Section 11-74.4-4, a time and place for a public hearing as required by subsection (a) of Section 11-74.4-5.
Those dates shall not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the twenty-third calendar year after the year in which the ordinance approving the redevelopment project area is adopted if the ordinance was adopted on or after January 15, 1981, and not later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the thirty-fifth calendar year SB1866 - 20 - LRB094 07778 AJO 37956 b after the year in which the ordinance approving the redevelopment project area is adopted:
Those dates shall not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the twenty-third calendar year after the year in which the ordinance approving the redevelopment project area is adopted if the ordinance was adopted on or after January 15, 1981, and not later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the thirty-fifth calendar year SB1866 Engrossed - 20 - LRB094 07778 AJO 37956 b after the year in which the ordinance approving the redevelopment project area is adopted:
Louis, or (I) if the ordinance was adopted on November 12, 1991 by the Village of Sauget, or (J) if the ordinance was adopted on February 11, 1985 by the City of Rock Island, or (K) if the ordinance was adopted before December 18, 1986 by the City of Moline, or (L) if the ordinance was adopted in September 1988 by Sauk Village, or SB1866 - 21 - LRB094 07778 AJO 37956 b (M) if the ordinance was adopted in October 1993 by Sauk Village, or (N) if the ordinance was adopted on December 29, 1986 by the City of Galva, or (O) if the ordinance was adopted in March 1991 by the City of Centreville, or (P) if the ordinance was adopted on January 23, 1991 by the City of East St.
Louis, or (I) if the ordinance was adopted on November 12, 1991 by the Village of Sauget, or (J) if the ordinance was adopted on February 11, 1985 by the City of Rock Island, or (K) if the ordinance was adopted before December 18, 1986 by the City of Moline, or (L) if the ordinance was adopted in September 1988 by Sauk Village, or SB1866 Engrossed - 21 - LRB094 07778 AJO 37956 b (M) if the ordinance was adopted in October 1993 by Sauk Village, or (N) if the ordinance was adopted on December 29, 1986 by the City of Galva, or (O) if the ordinance was adopted in March 1991 by the City of Centreville, or (P) if the ordinance was adopted on January 23, 1991 by the City of East St.
Louis, or (Q) if the ordinance was adopted on December 22, 1986 by the City of Aledo, or (R) if the ordinance was adopted on February 5, 1990 by the City of Clinton, or (S) if the ordinance was adopted on September 6, 1994 by the City of Freeport, or (T) if the ordinance was adopted on December 22, 1986 by the City of Tuscola, or (U) if the ordinance was adopted on December 23, 1986 by the City of Sparta, or (V) if the ordinance was adopted on December 23, 1986 by the City of Beardstown, or (W) if the ordinance was adopted on April 27, 1981, October 21, 1985, or December 30, 1986 by the City of Belleville, or (X) if the ordinance was adopted on December 29, 1986 by the City of Collinsville, or (Y) if the ordinance was adopted on September 14, 1994 by the City of Alton, or (Z) if the ordinance was adopted on November 11, 1996 by the City of Lexington, or (AA) if the ordinance was adopted on November 5, 1984 by the City of LeRoy, or (BB) if the ordinance was adopted on April 3, 1991 or June 3, 1992 by the City of Markham, or (CC) if the ordinance was adopted on November 11, 1986 by the City of Pekin, or (DD) (CC) if the ordinance was adopted on December SB1866 - 22 - LRB094 07778 AJO 37956 b 15, 1981 by the City of Champaign, or (EE) (CC) if the ordinance was adopted on December 15, 1986 by the City of Urbana, or (FF) (CC) if the ordinance was adopted on December 15, 1986 by the Village of Heyworth, or (GG) (CC) if the ordinance was adopted on February 24, 1992 by the Village of Heyworth, or (HH) (CC) if the ordinance was adopted on March 16, 1995 by the Village of Heyworth, or (II) (CC) if the ordinance was adopted on December 23, 1986 by the Town of Cicero, or (JJ) (CC) if the ordinance was adopted on December 30, 1986 by the City of Effingham, or (KK) (CC) if the ordinance was adopted on May 9, 1991 by the Village of Tilton, or (LL) (CC) if the ordinance was adopted on October 20, 1986 by the City of Elmhurst, or (MM) (CC) if the ordinance was adopted on January 19, 1988 by the City of Waukegan, or (NN) (DD) if the ordinance was adopted on September 21, 1998 by the City of Waukegan.
Louis, or (Q) if the ordinance was adopted on December 22, 1986 by the City of Aledo, or (R) if the ordinance was adopted on February 5, 1990 by the City of Clinton, or (S) if the ordinance was adopted on September 6, 1994 by the City of Freeport, or (T) if the ordinance was adopted on December 22, 1986 by the City of Tuscola, or (U) if the ordinance was adopted on December 23, 1986 by the City of Sparta, or (V) if the ordinance was adopted on December 23, 1986 by the City of Beardstown, or (W) if the ordinance was adopted on April 27, 1981, October 21, 1985, or December 30, 1986 by the City of Belleville, or (X) if the ordinance was adopted on December 29, 1986 by the City of Collinsville, or (Y) if the ordinance was adopted on September 14, 1994 by the City of Alton, or (Z) if the ordinance was adopted on November 11, 1996 by the City of Lexington, or (AA) if the ordinance was adopted on November 5, 1984 by the City of LeRoy, or (BB) if the ordinance was adopted on April 3, 1991 or June 3, 1992 by the City of Markham, or (CC) if the ordinance was adopted on November 11, 1986 by the City of Pekin, or (DD) (CC) if the ordinance was adopted on December SB1866 Engrossed - 22 - LRB094 07778 AJO 37956 b 15, 1981 by the City of Champaign, or (EE) (CC) if the ordinance was adopted on December 15, 1986 by the City of Urbana, or (FF) (CC) if the ordinance was adopted on December 15, 1986 by the Village of Heyworth, or (GG) (CC) if the ordinance was adopted on February 24, 1992 by the Village of Heyworth, or (HH) (CC) if the ordinance was adopted on March 16, 1995 by the Village of Heyworth, or (II) (CC) if the ordinance was adopted on December 23, 1986 by the Town of Cicero, or (JJ) (CC) if the ordinance was adopted on December 30, 1986 by the City of Effingham, or (KK) (CC) if the ordinance was adopted on May 9, 1991 by the Village of Tilton, or (LL) (CC) if the ordinance was adopted on October 20, 1986 by the City of Elmhurst, or (MM) (CC) if the ordinance was adopted on January 19, 1988 by the City of Waukegan, or (NN) (DD) if the ordinance was adopted on September 21, 1998 by the City of Waukegan.
A municipality may by municipal ordinance amend an SB1866 - 23 - LRB094 07778 AJO 37956 b existing redevelopment plan to conform to this paragraph (3) as amended by Public Act 91-478, which municipal ordinance may be adopted without further hearing or notice and without complying with the procedures provided in this Act pertaining to an amendment to or the initial approval of a redevelopment plan and project and designation of a redevelopment project area.
A municipality may by municipal ordinance amend an SB1866 Engrossed - 23 - LRB094 07778 AJO 37956 b existing redevelopment plan to conform to this paragraph (3) as amended by Public Act 91-478, which municipal ordinance may be adopted without further hearing or notice and without complying with the procedures provided in this Act pertaining to an amendment to or the initial approval of a redevelopment plan and project and designation of a redevelopment project area.
(3.5) The municipality finds, in the case of an industrial park conservation area, also that the SB1866 - 24 - LRB094 07778 AJO 37956 b municipality is a labor surplus municipality and that the implementation of the redevelopment plan will reduce unemployment, create new jobs and by the provision of new facilities enhance the tax base of the taxing districts that extend into the redevelopment project area.
(3.5) The municipality finds, in the case of an industrial park conservation area, also that the SB1866 Engrossed - 24 - LRB094 07778 AJO 37956 b municipality is a labor surplus municipality and that the implementation of the redevelopment plan will reduce unemployment, create new jobs and by the provision of new facilities enhance the tax base of the taxing districts that extend into the redevelopment project area.
The data requirement as to the racial SB1866 - 25 - LRB094 07778 AJO 37956 b and ethnic composition of the residents in the inhabited residential units shall be deemed to be fully satisfied by data from the most recent federal census.
The data requirement as to the racial SB1866 Engrossed - 25 - LRB094 07778 AJO 37956 b and ethnic composition of the residents in the inhabited residential units shall be deemed to be fully satisfied by data from the most recent federal census.
For purposes of this paragraph (7), "low-income households", "very low-income households", and "affordable housing" have the meanings set forth in the Illinois SB1866 - 26 - LRB094 07778 AJO 37956 b Affordable Housing Act.
For purposes of this paragraph (7), "low-income households", "very low-income households", and "affordable housing" have the meanings set forth in the Illinois SB1866 Engrossed - 26 - LRB094 07778 AJO 37956 b Affordable Housing Act.
For the purpose of this subsection, "recreational activities" SB1866 - 27 - LRB094 07778 AJO 37956 b is limited to mean camping and hunting.
For the purpose of this subsection, "recreational activities" SB1866 Engrossed - 27 - LRB094 07778 AJO 37956 b is limited to mean camping and hunting.
After consultation with the municipality, each tax increment consultant or advisor to a municipality that plans to designate or has designated a redevelopment project area shall inform the municipality in writing of any contracts that the consultant or advisor has entered into with entities or individuals that have received, or are receiving, payments financed by tax increment revenues produced by the redevelopment project area with respect to which the consultant or advisor has performed, or will be performing, service for the SB1866 - 28 - LRB094 07778 AJO 37956 b municipality.
After consultation with the municipality, each tax increment consultant or advisor to a municipality that plans to designate or has designated a redevelopment project area shall inform the municipality in writing of any contracts that the consultant or advisor has entered into with entities or individuals that have received, or are receiving, payments financed by tax increment revenues produced by the redevelopment project area with respect to which the consultant or advisor has performed, or will be performing, service for the SB1866 Engrossed - 28 - LRB094 07778 AJO 37956 b municipality.
(4) Costs of the construction of public works or improvements, except that on and after November 1, 1999, redevelopment project costs shall not include the cost of constructing a new municipal public building principally used to provide offices, storage space, or conference facilities or vehicle storage, maintenance, or repair for SB1866 - 29 - LRB094 07778 AJO 37956 b administrative, public safety, or public works personnel and that is not intended to replace an existing public building as provided under paragraph (3) of subsection (q) of Section 11-74.4-3 unless either (i) the construction of the new municipal building implements a redevelopment project that was included in a redevelopment plan that was adopted by the municipality prior to November 1, 1999 or (ii) the municipality makes a reasonable determination in the redevelopment plan, supported by information that provides the basis for that determination, that the new municipal building is required to meet an increase in the need for public safety purposes anticipated to result from the implementation of the redevelopment plan;
(4) Costs of the construction of public works or improvements, except that on and after November 1, 1999, redevelopment project costs shall not include the cost of constructing a new municipal public building principally used to provide offices, storage space, or conference facilities or vehicle storage, maintenance, or repair for SB1866 Engrossed - 29 - LRB094 07778 AJO 37956 b administrative, public safety, or public works personnel and that is not intended to replace an existing public building as provided under paragraph (3) of subsection (q) of Section 11-74.4-3 unless either (i) the construction of the new municipal building implements a redevelopment project that was included in a redevelopment plan that was adopted by the municipality prior to November 1, 1999 or (ii) the municipality makes a reasonable determination in the redevelopment plan, supported by information that provides the basis for that determination, that the new municipal building is required to meet an increase in the need for public safety purposes anticipated to result from the implementation of the redevelopment plan;
(4.1) Costs of and associated with transportation oriented developments.
(4.1) Costs of and associated with transit oriented developments.
(7.5) For redevelopment project areas designated (or redevelopment project areas amended to add or increase the number of tax-increment-financing assisted housing units) SB1866 - 30 - LRB094 07778 AJO 37956 b on or after November 1, 1999, an elementary, secondary, or unit school district’s increased costs attributable to assisted housing units located within the redevelopment project area for which the developer or redeveloper receives financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the assisted housing sites necessary for the completion of that housing as authorized by this Act, and which costs shall be paid by the municipality from the Special Tax Allocation Fund when the tax increment revenue is received as a result of the assisted housing units and shall be calculated annually as follows:
(7.5) For redevelopment project areas designated (or redevelopment project areas amended to add or increase the number of tax-increment-financing assisted housing units) SB1866 Engrossed - 30 - LRB094 07778 AJO 37956 b on or after November 1, 1999, an elementary, secondary, or unit school district’s increased costs attributable to assisted housing units located within the redevelopment project area for which the developer or redeveloper receives financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the assisted housing sites necessary for the completion of that housing as authorized by this Act, and which costs shall be paid by the municipality from the Special Tax Allocation Fund when the tax increment revenue is received as a result of the assisted housing units and shall be calculated annually as follows:
(i) for unit school districts with a district average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 25% of the total amount of property tax increment revenue produced by those housing units that have received tax SB1866 - 31 - LRB094 07778 AJO 37956 b increment finance assistance under this Act;
(i) for unit school districts with a district average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 25% of the total amount of property tax increment revenue produced by those housing units that have received tax SB1866 Engrossed - 31 - LRB094 07778 AJO 37956 b increment finance assistance under this Act;
(i) for unit school districts, no more than 40% of the total amount of property tax increment SB1866 - 32 - LRB094 07778 AJO 37956 b revenue produced by those housing units that have received tax increment finance assistance under this Act;
(i) for unit school districts, no more than 40% of the total amount of property tax increment SB1866 Engrossed - 32 - LRB094 07778 AJO 37956 b revenue produced by those housing units that have received tax increment finance assistance under this Act;
Any school district seeking payment under this paragraph (7.5) shall, after July 1 and before September 30 of each year, provide the municipality with reasonable evidence to support its claim for reimbursement before the municipality shall be required to approve or make the payment to the school SB1866 - 33 - LRB094 07778 AJO 37956 b district.
Any school district seeking payment under this paragraph (7.5) shall, after July 1 and before September 30 of each year, provide the municipality with reasonable evidence to support its claim for reimbursement before the municipality shall be required to approve or make the payment to the school SB1866 Engrossed - 33 - LRB094 07778 AJO 37956 b district.
The amount paid to a library district under this paragraph (7.7) shall be calculated by multiplying (i) the SB1866 - 34 - LRB094 07778 AJO 37956 b net increase in the number of persons eligible to obtain a library card in that district who reside in housing units within the redevelopment project area that have received financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the housing sites necessary for the completion of that housing as authorized by this Act since the designation of the redevelopment project area by (ii) the per-patron cost of providing library services so long as it does not exceed $120.
The amount paid to a library district under this paragraph (7.7) shall be calculated by multiplying (i) the SB1866 Engrossed - 34 - LRB094 07778 AJO 37956 b net increase in the number of persons eligible to obtain a library card in that district who reside in housing units within the redevelopment project area that have received financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the housing sites necessary for the completion of that housing as authorized by this Act since the designation of the redevelopment project area by (ii) the per-patron cost of providing library services so long as it does not exceed $120.
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Library districts may adopt a resolution waiving the SB1866 - 35 - LRB094 07778 AJO 37956 b right to all or a portion of the reimbursement otherwise required by this paragraph (7.7).
Library districts may adopt a resolution waiving the SB1866 Engrossed - 35 - LRB094 07778 AJO 37956 b right to all or a portion of the reimbursement otherwise required by this paragraph (7.7).
SB1866 - 36 - LRB094 07778 AJO 37956 b (11) Interest cost incurred by a redeveloper related to the construction, renovation or rehabilitation of a redevelopment project provided that:
SB1866 Engrossed - 36 - LRB094 07778 AJO 37956 b (11) Interest cost incurred by a redeveloper related to the construction, renovation or rehabilitation of a redevelopment project provided that:
(F) Instead of the eligible costs provided by subparagraphs (B) and (D) of paragraph (11), as modified by this subparagraph, and notwithstanding any other provisions of this Act to the contrary, the municipality may pay from tax increment revenues up to 50% of the cost of construction of new housing units to be occupied by low-income households and very SB1866 - 37 - LRB094 07778 AJO 37956 b low-income households as defined in Section 3 of the Illinois Affordable Housing Act.
(F) Instead of the eligible costs provided by subparagraphs (B) and (D) of paragraph (11), as modified by this subparagraph, and notwithstanding any other provisions of this Act to the contrary, the municipality may pay from tax increment revenues up to 50% of the cost of construction of new housing units to be occupied by low-income households and very SB1866 Engrossed - 37 - LRB094 07778 AJO 37956 b low-income households as defined in Section 3 of the Illinois Affordable Housing Act.
For ownership units, the guidelines will provide, at a minimum, for a reasonable recapture of funds, or other appropriate methods designed to preserve the original affordability of the ownership SB1866 - 38 - LRB094 07778 AJO 37956 b units.
For ownership units, the guidelines will provide, at a minimum, for a reasonable recapture of funds, or other appropriate methods designed to preserve the original affordability of the ownership SB1866 Engrossed - 38 - LRB094 07778 AJO 37956 b units.
(13) After November 1, 1999 (the effective date of Public Act 91-478), none of the redevelopment project costs enumerated in this subsection shall be eligible redevelopment project costs if those costs would provide direct financial support to a retail entity initiating operations in the redevelopment project area while SB1866 - 39 - LRB094 07778 AJO 37956 b terminating operations at another Illinois location within 10 miles of the redevelopment project area but outside the boundaries of the redevelopment project area municipality.
(13) After November 1, 1999 (the effective date of Public Act 91-478), none of the redevelopment project costs enumerated in this subsection shall be eligible redevelopment project costs if those costs would provide direct financial support to a retail entity initiating operations in the redevelopment project area while SB1866 Engrossed - 39 - LRB094 07778 AJO 37956 b terminating operations at another Illinois location within 10 miles of the redevelopment project area but outside the boundaries of the redevelopment project area municipality.
(s) "State Sales Tax Increment" means an amount equal to the increase in the aggregate amount of taxes paid by retailers and servicemen, other than retailers and servicemen subject to the Public Utilities Act, on transactions at places of business located within a State Sales Tax Boundary pursuant to the Retailers’ Occupation Tax Act, the Use Tax Act, the Service Use Tax Act, and the Service Occupation Tax Act, except such portion of such increase that is paid into the State and Local SB1866 - 40 - LRB094 07778 AJO 37956 b Sales Tax Reform Fund, the Local Government Distributive Fund, the Local Government Tax Fund and the County and Mass Transit District Fund, for as long as State participation exists, over and above the Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts for such taxes as certified by the Department of Revenue and paid under those Acts by retailers and servicemen on transactions at places of business located within the State Sales Tax Boundary during the base year which shall be the calendar year immediately prior to the year in which the municipality adopted tax increment allocation financing, less 3.0% of such amounts generated under the Retailers’ Occupation Tax Act, Use Tax Act and Service Use Tax Act and the Service Occupation Tax Act, which sum shall be appropriated to the Department of Revenue to cover its costs of administering and enforcing this Section.
(s) "State Sales Tax Increment" means an amount equal to the increase in the aggregate amount of taxes paid by retailers and servicemen, other than retailers and servicemen subject to the Public Utilities Act, on transactions at places of business located within a State Sales Tax Boundary pursuant to the Retailers’ Occupation Tax Act, the Use Tax Act, the Service Use Tax Act, and the Service Occupation Tax Act, except such portion of such increase that is paid into the State and Local SB1866 Engrossed - 40 - LRB094 07778 AJO 37956 b Sales Tax Reform Fund, the Local Government Distributive Fund, the Local Government Tax Fund and the County and Mass Transit District Fund, for as long as State participation exists, over and above the Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts for such taxes as certified by the Department of Revenue and paid under those Acts by retailers and servicemen on transactions at places of business located within the State Sales Tax Boundary during the base year which shall be the calendar year immediately prior to the year in which the municipality adopted tax increment allocation financing, less 3.0% of such amounts generated under the Retailers’ Occupation Tax Act, Use Tax Act and Service Use Tax Act and the Service Occupation Tax Act, which sum shall be appropriated to the Department of Revenue to cover its costs of administering and enforcing this Section.
For the State Fiscal Year 1990, this calculation shall be made by utilizing the period from January 1, 1988, until September 30, 1988, to determine the tax amounts received from retailers and servicemen, which shall have deducted SB1866 - 41 - LRB094 07778 AJO 37956 b therefrom nine-twelfths of the certified Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts as appropriate.
For the State Fiscal Year 1990, this calculation shall be made by utilizing the period from January 1, 1988, until September 30, 1988, to determine the tax amounts received from retailers and servicemen, which shall have deducted SB1866 Engrossed - 41 - LRB094 07778 AJO 37956 b therefrom nine-twelfths of the certified Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts as appropriate.
provided that if the parcel was part of a SB1866 - 42 - LRB094 07778 AJO 37956 b larger tract that has been divided into 3 or more smaller tracts that were accepted for recording during the period from 1950 to 1990, then the parcel shall be deemed to have been subdivided, and all proceedings and actions of the municipality taken in that connection with respect to any previously approved or designated redevelopment project area or amended redevelopment project area are hereby validated and hereby declared to be legally sufficient for all purposes of this Act.
provided that if the parcel was part of a SB1866 Engrossed - 42 - LRB094 07778 AJO 37956 b larger tract that has been divided into 3 or more smaller tracts that were accepted for recording during the period from 1950 to 1990, then the parcel shall be deemed to have been subdivided, and all proceedings and actions of the municipality taken in that connection with respect to any previously approved or designated redevelopment project area or amended redevelopment project area are hereby validated and hereby declared to be legally sufficient for all purposes of this Act.
(x) "Transit oriented development" means a compact area of development, located within a one-half mile radius of an existing or proposed rail or motor bus station, or an inter-modal or multi-modal passenger facility, that is part of a "public mass transportation system" (as defined in the Local Mass Transit District Act (70 ILCS 3610/)) with significant or potentially significant bus or rail passenger volume, and characterized, whether the area is improved or vacant, by at least 2 of the following 3 factors:
(1) Inadequate utilities or transportation or parking SB1866 Engrossed - 43 - LRB094 07778 AJO 37956 b infrastructures.
At grade, underground, or overhead utilities such as storm sewers, storm drainage, sanitary sewers, water lines, gas lines, telephone or electrical services, or transportation or parking infrastructures such as roadways, streets, alleys, sidewalks, signals, signage, parking facilities, or bicycle facilities that are shown to be inadequate for the existing or proposed mass transit facility because those utilities or transportation or parking infrastructures are:
(A) of insufficient capacity to serve the uses in the redevelopment project area;
(B) deteriorated, antiquated, obsolete, or in disrepair;
or (C) lacking within the redevelopment project area.
(2) Deleterious land use or layout.
Deleterious land use or layout as a result of the existence of incompatible land-use relationships, buildings occupied by inappropriate mixed-uses, or uses considered to be noxious, offensive, or unsuitable for the surrounding area.
(3) Lack of transit oriented development planning.
Inadequate transit oriented development planning because the proposed redevelopment project area was developed prior to or without the benefit or guidance of an adequate transit oriented development plan, and which redevelopment project area is now being designed to support transit operations by encouraging new or increased transit ridership through:
(A) the provision of public improvements necessary to provide or improve access to an existing or proposed mass transit facility, including, but not limited to, roadways, streets, alleys, sidewalks, signals, signage, parking facilities, bicycle facilities, and necessary utilities;
and (B) the construction of a mix of development products, including, but not limited to, commercial, SB1866 Engrossed - 44 - LRB094 07778 AJO 37956 b retail, office, and housing at a greater density than would normally occur in the redevelopment project area absent the presence of a mass transit facility and transit oriented development planning.
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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Added Alternate Chief Co-Sponsor Rep. David E. Miller

  4. Added Alternate Chief Co-Sponsor Rep. William Davis

  5. Motion to Suspend Rule 25 - Prevailed

  6. Assigned to Revenue Committee

  7. Final Action Deadline Extended-9(b) May 31, 2005

  8. Referred to Rules Committee

  9. First Reading

  10. Added Alternate Chief Co-Sponsor Rep. Elaine Nekritz

  11. Chief House Sponsor Rep. Robin Kelly

  12. Placed on Calendar Order of First Reading

  13. Arrived in House

  14. Third Reading - Passed; 054-002-000

  15. Placed on Calendar Order of 3rd Reading

  16. Senate Floor Amendment No. 2 Adopted; 054-002-000; Halvorson

  17. Recalled to Second Reading

  18. Senate Floor Amendment No. 2 Recommend Do Adopt Commerce & Economic Development; 007-000-000

  19. Senate Floor Amendment No. 2 Rules Refers to Commerce & Economic Development

  20. Senate Floor Amendment No. 2 Referred to Rules

  21. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson

  22. Rule 2-10 Third Reading Deadline Extended to May 31, 2005

  23. Placed on Calendar Order of 3rd Reading April 14, 2005

  24. Second Reading

  25. Placed on Calendar Order of 2nd Reading April 6, 2005

  26. Do Pass as Amended Commerce & Economic Development; 009-000-000

  27. Senate Committee Amendment No. 1 Adopted

  28. Senate Committee Amendment No. 1 Rules Refers to Commerce & Economic Development

  29. Senate Committee Amendment No. 1 Referred to Rules

  30. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson

  31. Postponed - Commerce & Economic Development

  32. Assigned to Commerce & Economic Development

  33. Referred to Rules

  34. First Reading

  35. Filed with Secretary by Sen. Debbie DeFrancesco Halvorson

Sponsors

  • Debbie DeFrancesco Halvorson · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Debbie DeFrancesco Halvorson

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 54 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 48203
Democrat 5000
Republican 1000
Total 54203
% of votes cast 92%3%0%5%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Nay
Cronin — Yea
Forby — Yea
Halvorson — Yea
Hendon — Yea
Demuzio — Yea
Link — Yea
Luechtefeld — Yea
Schoenberg — Not Voting
Winkel — Yea
Wojcik — Yea
Crotty — Not Voting
DeLeo — Yea
Dillard — Yea
Lauzen — Yea
Meeks — Yea
Radogno — Yea
Shadid — Yea
Sieben — Yea
Silverstein — Yea
Munoz — Yea
Brady — Yea
Trotter — Yea
Sullivan, D. — Yea
Viverito — Yea
Sullivan, J. — Yea
Petka — Yea
Wilhelmi — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Clayborne — Yea
Dahl — Yea
Garrett — Yea
Geo-Karis — Yea
Haine — Yea
Pankau — Yea
Peterson — Yea
Raoul — Yea
Rauschenberger — Nay
Righter — Yea
Risinger — Not Voting
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Amendments, Amendment 2

Passed 54 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 49202
Democrat 5000
Republican 0001
Total 54203
% of votes cast 92%3%0%5%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Lauzen — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Nay
Haine — Yea
Halvorson — Yea
Meeks — Yea
Shadid — Yea
Sieben — Yea
Munoz — Yea
Garrett — Yea
Geo-Karis — Yea
Brady — Yea
Sullivan, D. — Yea
Sullivan, J. — Yea
Petka — Yea
Luechtefeld — Yea
Maloney — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Demuzio — Yea
Schoenberg — Not Voting
Silverstein — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Wojcik — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Not Voting
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Hendon — Yea
Pankau — Yea
Peterson — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Nay
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Subjects

taxation transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1866 do?
Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Adds costs of and associated with transportation oriented developments to the definition of "redevelopment project costs".
Who sponsors SB 1866?
SB 1866 is sponsored by Debbie DeFrancesco Halvorson.
What is the current status of SB 1866?
This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1866?
Track SB 1866 free on One Click Politics — get push/email alerts when it moves.

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