Spotlight on Springfield

Dan Shapiro • Mar 31, 2021

Recently Proposed Legislation Could Mean Significant Changes

We have been keeping our eyes on some recently proposed legislation in Springfield. The passage of these bills could result in significant changes for local governments and for future development projects. Here are just a handful:

MUNI CD-RESTRICTIVE ZONING

Amends the Zoning Division of the Illinois Municipal Code. Provides that a property owner, or a developer or contractor having the written permission of the property owner, shall not have any approvals under the Zoning Division denied because of a law or ordinance enacted or adopted after the date on which the property owner, developer, or contractor: (1) participated in a concept meeting for construction with representatives from a municipality regarding the subject property; (2) filed a building permit application with a municipality for the subject property; (3) presented a proposed development plan to a city council for the subject property; (4) substantially invested resources in the preparation of building plans, concept drawings, or securing building contracts for a preceding period of one year for the subject property; or (5) otherwise gave sufficient notice of an intent to develop to the pertinent regulatory authorities for the subject property. Allows suit against the State or a unit of local government that seeks to enforce or impose a more restrictive law, regulation, ordinance, or resolution against the property owner, developer, or contractor and allows for a $5,000 civil penalty and other damages if the property owner's, developer's, or contractor's claim is successful. Limits home rule powers.
LOCAL GOVT TRANSPARENCY
Amends the Open Meetings Act. Provides that a unit of local government or school district with an operating budget of $1,000,000 or more shall maintain an Internet website and post to its website for the current calendar or fiscal year specified information. Provides that the information required to be posted must be easily accessible from the unit of local government's or school district's website home page and searchable. Provides penalties for noncompliance. Provides that no home rule unit may adopt posting requirements that are less restrictive than those provided in the Act. Provides that all local records required to be posted shall remain posted on the entity's website, or subsequent websites, for 10 years. Exempts the School District of the Department of Juvenile Justice. Amends the Freedom of Information Act. Provides an exemption from inspection and copying of any record or information that a unit of local government or school district maintains an electronic copy of on its Internet website in order to comply with the Open Meetings Act
TIF-REDEVELOPMENT PROJECT COST
Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that, for redevelopment project areas designated after November 1, 1999 in municipalities with less than 1,000,000 population, modifies the formula for 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. Removes differences in formulation for alternate method districts, flat grant districts, and foundation districts. For school districts in a municipality with a population in excess of 1,000,000, changes the last date in which a school district is required to submit specified information to October 31 of each year (currently, September 30) and provides that municipalities shall reimburse school districts that have met specified criteria no later than January 31st of the school year in which the claim is made.
PROP TX-ABATE MIXED USE
Amends the Property Tax Code. Provides that a taxing district may abate a portion of its taxes on property upon which affordable housing has been or will be constructed in a development mixed with commercial property. Provides that the value of the abatement may not exceed $500,000.

MUNICIPAL LAND BANK AUTHORITY
Creates the Municipal Land Bank Authorities Division in the Illinois Municipal Code. Allows a municipality to create a land bank authority to use available resources to facilitate the return of vacant, abandoned, and tax-delinquent properties to productive use in order to combat community deterioration, create economic growth, and stabilize the housing and job market. Provides that the land bank authority is an agency of and funded by the municipality and that the land bank authority's board of directors are accountable to the city council of the municipality. Contains provisions relating to the appointment of members to the land bank authority's board of directors and operation of the land bank authority.

TIF-SURPLUS FUNDS-SCHOOLS
Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that surplus tax revenues may be used to pay for costs of special education, social services, and other costs of a public school district. Provides that for municipalities with a population of over 1,000,000, redevelopment project costs include public school district qualified workers, costs of providing special educational facilities and services, school psychological services, and school social work services, and any surplus balance in the special tax allocation fund at the end of the fiscal year shall be used for these workers, facilities, and services. Removes provisions allowing anticipated redevelopment project costs to be deemed surplus funds.

Bills to Watch in the 103rd Illinois General Assembly

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HB 3306, HB 2099 and The Corporate Transparency Act

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Planning for your Property's Financial Future, by Jamie Baer

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Current Developments Regarding Recently Proposed Illinois TIF Legislation

By Dan Shapiro • 28 Mar, 2023
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By Dan Shapiro • 21 Mar, 2023
Changes that Illinois Businesses Should be Aware of

The 2023 Federal Spending Legislation and its Impact on Affordable Housing

By Stephanie Crossley • 29 Dec, 2022
The $85 million “Yes In My Backyard” Program

Mixed-Use Developments

By Stephanie Crossley • 15 Nov, 2022
Mixed use developments: An effective land strategy that combines residential and non-residential uses

185 New Dispensaries Are On Their Way

By Dan Shapiro • 16 Jun, 2022
The Illinois Department of Financial and Professional Regulation (IDFPR) recently announced the next steps to issue 185 Conditional Adult Use Cannabis Dispensing Organization Licenses to applicants selected in three lotteries in 2021. The Conditional Licenses will be issued to applicants selected in the 2021 lotteries in three waves: Wave 1, on or before July 22, 2022. Naperville-Chicago-Elgin BLS Region. Wave 2, on or before August 5, 2022. Other BLS Regions with multiple licenses available. Wave 3, on or before August 19, 2022. BLS Regions with a single license available. Next Steps Principal officers must submit a Principal Officer Affirmation form no later than July 1, 2022. The IDFPR will then verify all principal officers are not delinquent in taxes or owe money to the State of Illinois and notify any applicant if a principal officer is not tax compliant. The applicant will then have 60 days after notification to prove tax compliance. Any applicant with a principal officer who is not tax compliant after the 60-day period shall forfeit their awarded license, which will then be offered to the next eligible applicant. The IDFPR will also verify that no principal officers have a financial interest in more than 10 Adult Use Cannabis Dispensary licenses. Any applicant with a principal officer who may become a principal officer in any combination of more than 10 Early Approval Adult Use Dispensing Organization Licenses, Conditional Adult Use Dispensing Organization Licenses, and Adult Use Dispensing Organization Licenses will forfeit any license they are awarded. After IDFPR issues the Conditional Licenses, it will conduct background checks of principal officers. Importantly, after receiving a Conditional License, the Conditional Licensees will have 180 days to select a physical storefront location and obtain the full Adult Use Dispensing Organization License (the full list of criteria to be met may be found here ). If a Conditional Licensee is unable to find a suitable physical location within the 180-day period, they may request an extension of 180 days.
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