PROPOSED ILLINOIS LEGISLATION WOULD GIVE GREATER AUTHORITY TO TIF JOINT REVIEW BOARDS

The Illinois Legislature is currently considering a bill that would give greater authority to TIF district joint review boards.

A joint review board is comprised of a representative from each community college district, school district, park district, library district, fire protection district, township and county that would have the authority to directly levy taxes on the property to be included in a proposed redevelopment project area as well as a municipal representative and a public member.

A joint review board offers recommendations to a municipality regarding the establishment or amendment of redevelopment plans and redevelopment project areas.  Current Illinois law provides that these recommendations are advisory only.  Any recommendation by the joint review board must be adopted by a majority of the board’s members, however a joint review board’s failure to act is considered to be an approval.

HB4694 would amend the TIF Act and give additional authority to a joint review board.  Most notably, the proposed legislation would delete the following language from the TIF Act: “A [joint review] board’s recommendation shall be an advisory, non-binding recommendation.”  Under HB4694, any recommendation would need to be adopted by a three-fifths majority, rather than a simple majority.  If three-fifths of the joint review board members reject a proposed amendment to a TIF plan, a municipality would be prohibited from proceeding with the amendment.  Additionally, it would be presumed that a joint review board’s failure to act on a timely basis means that the joint review board rejects the proposed redevelopment plan or project area because it fails to meet certain eligibility criteria.

HB4694 was assigned to the House Revenue and Finance Committee for review on February 7, 2012.  To read it in its entirety, visit http://www.ilga.gov/.

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