New Laws Taking Effect in 2021 (Including Select Laws That Take Effect in 2022 and 2023)
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ILLINOIS MUNICIPAL LEAGUE as of August 31, 2021 New Laws Taking Effect in 2021 (Including select laws that take effect in 2022 and 2023) 500 East Capitol Avenue | P.O. Box 5180 | Springfield, IL 62705-5180 | Phone: 217.525.1220 | Fax: 217.525-7438 |iml.org _____________________________________________________________________________________ Summaries of each bill provided herein are pulled from the Illinois General Assembly’s website (ilga.gov) as a resource for municipalities. Any grammatical or syntax errors have not been corrected; the text is shown as obtained from ilga.gov. 1 Represented omnibus language amending several provisions of the Cannabis Regulation and Tax Act and the Compassionate Use of Medical Cannabis Program Act. As it pertains to medical dispensaries, HB 1443 authorizes the relocation of medical cannabis dispensaries to sites outside of a jurisdiction that prohibit adult-use cannabis retail sales or sites that initially accommodated medical dispensaries but are not optimal for adult-use cannabis retail sales. Any relocation remains subject to local ordinances that prohibit or regulate adult-use cannabis establishments. IML was neutral on the legislation. Effective date July 15, 2021. Amends the Illinois Enterprise Zone Act. In a Section concerning eligibility for an Enterprise Zone based on the local labor market area, provides that the Department of Commerce and Economic Opportunity (DCEO) may consider information released in the most recent American Community Survey (currently, the federal decennial census only). Provides that DCEO may award partial points if the applicant demonstrates specific job creation and investment below specified thresholds. Contains provisions concerning provisional certification and provisional decertification. Provides that, for Enterprise Zones that are scheduled to expire on or after January 1, 2024, an application process shall begin five years prior to the year in which the Zone expires. Provides that DCEO may consider written comments or any other information regarding a pending Enterprise Zone application submitted after the deadline and received prior to the decision on all pending applications. IML was neutral on the legislation. Effective January 1, 2022. Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Creates a tax increment allocation financing extension for an ordinance adopted on August 17, 1999, by the City of Ottawa. IML supported the legislation. Effective July 23, 2021. Serves as a TIF extension omnibus during the final days of the 101st General Assembly. Creates tax increment allocation financing extensions for the following municipalities: City of Highwood, City of Flora, Village of Cahokia and the City of Charleston. IML supported the legislation. Effective April 2, 2021. Expands required information to be included in the annual report to the Illinois Office of the Comptroller, Joint Review Board and other taxing bodies that comprise the TIF district. IML opposed the legislation. Effective July 23, 2021. Requires the Department of Commerce and Economic Opportunity (DCEO) to establish and support, subject to appropriation, entrepreneurship assistance centers, including the issuance of grants, at career _____________________________________________________________________________________ Summaries of each bill provided herein are pulled from the Illinois General Assembly’s website (ilga.gov) as a resource for municipalities. Any grammatical or syntax errors have not been corrected; the text is shown as obtained from ilga.gov. 2 education agencies and not-for-profit corporations. Provides criteria for the selection and designation of centers. IML supported the legislation. Effective January 1, 2022. Provides that the Department of Commerce and Economic Opportunity (DCEO) shall evaluate eligibility of special districts for State and federal programs, grants and subsidies based on eligibility requirements set forth in their statutory charters. Amends the Kaskaskia Regional Port District Act. Provides that the Port District has power to apply for and accept grants, loans or appropriations from the federal and State government or any agency or instrumentality thereof, to be used for any of the purposes of the District. IML supported the legislation. Effective January 1, 2022. Extends the estimated dates of completion of redevelopment projects and the retirement of obligations issued to finance redevelopment project costs for ordinances adopted on: June 13, 2005, by the City of Mount Carroll; and March 25, 2008, by the Village of Elizabeth. IML supported the legislation. Effective August 20, 2021. Extends the estimated dates of completion of a redevelopment project and the retirement of obligations issued to finance redevelopment project costs for an ordinance adopted on February 22, 2000, by the City of Mount Pulaski. IML supported the legislation. Effective August 20, 2021. Provides that a qualifying Illinois data center is a place, among other criteria, that within two years (rather than 90 days) after being placed in service, certifies that it is carbon neutral or has attained other specified certification. Extends the use of the South Suburban Brownfields Redevelopment Fund to 2026 (rather than 2031). IML was neutral on the legislation. Effective August 20, 2021. Creates a tax increment allocation financing extension to the 47th year (currently, the 35th year) after the adoption of the ordinance of December 22, 1986, by the City of Washington creating the Washington Square TIF #2. Requires adoption of an ordinance by the City of Washington extending the completion date of the redevelopment project area to 47 years and providing notice to the taxing bodies that would otherwise constitute the joint review board. IML supported the legislation. Effective August 20, 2021. Creates a tax increment allocation financing extension to the 47th year (currently, the 35th year) after the adoption of the ordinance of December 29, 1986, by the City of Morris and that is known as the Morris TIF District 1. Requires adoption of an ordinance by the City of Morris extending the completion date of the redevelopment project area to 47 years and providing notice to the taxing bodies that would otherwise constitute the joint review board. IML supported the legislation. Effective August 20, 2021. Repeals the Blighted Areas Redevelopment Act of 1947. IML opposed the legislation. Effective August 20, 2021. _____________________________________________________________________________________ Summaries of each bill provided herein are pulled from the Illinois General Assembly’s website (ilga.gov) as a resource for municipalities. Any grammatical or syntax errors have not been corrected; the text is shown as obtained from ilga.gov. 3 Provides that a county may take steps necessary (currently, shall take all steps necessary) to acquire title to the property and may manage and operate the property, including, but not limited to, mowing of grass, removal of nuisance greenery, removal of garbage, waste, debris or other materials, or the demolition, repair, or remediation of unsafe structures. Provides costs to be distributed to taxing districts, including operation and maintenance costs and all costs associated with county staff and overhead used to perform the duties of the trustees. IML supported the legislation. Effective January 1, 2022. Extends the dates of completion of various redevelopment project areas. Makes other changes. IML supported the legislation. Effective August 27, 2021. Provides that the Department of Commerce and Economic Opportunity (DCEO) shall establish criteria and guidelines for State-designated cultural districts. IML took no position on the legislation. Effective January 1, 2022. Provides that in distribution of the remaining funds received under the federal Help America Vote Act, the State Board of Elections may make such funds available to election authorities for the maintenance of secure collection sites for the return of vote by mail ballots. Allows election authorities to establish curbside voting for individuals to cast a ballot during early voting or on Election Day. Provides that an election authority's curbside voting program shall designate at least two election judges from opposite parties per vehicle and the individual must have the option to mark the ballot without interference from the election judges. Requires election authorities to accept any vote by mail ballot returned, including ballots returned with insufficient or no postage. Allows election authorities to establish secure collection sites for postage-free return of vote by mail ballots. IML was neutral on the bill. Effective April 2, 2021. Creates the General Assembly Redistricting Act of 2021. Redistricts the Legislative Districts (for election of Senators) and the Representative Districts (for election of Representatives). IML was neutral on the legislation. Effective June 4, 2021. Provides that a nominating petition for a candidate for commissioner of a subdistrict or for a candidate for the at-large commissioner shall contain signatures of registered voters residing anywhere within the Fox Valley Park District, but at least 50 such registered voters or 2% of the total number of ballots cast Park District-wide in the last preceding election for commissioners in the Fox Valley Park District, whichever is less. Effective January 1, 2022. Amends the Election Code changing the general primary election date to June 28, 2022. Additionally, this legislation