65 ILCS 5/11-74.4-8a
2021 Illinois Compiled Statutes|Chapter 65 - MUNICIPALITIES|65 ILCS 5/ - Illinois Municipal Code.|Article 11 - Corporate Powers and Functions

 (from Ch. 24, par. 11-74.4-8a)Sec. 11-74.4-8a. (1) Until June 1, 1988, a municipality which has  adopted tax increment allocation financing prior to January 1, 1987, may by  ordinance (1) authorize the Department of Revenue, subject to  appropriation, to annually certify and cause to be paid from the Illinois  Tax Increment Fund to such municipality for deposit in the municipality's  special tax allocation fund an amount equal to the Net State Sales Tax  Increment and (2) authorize the Department of Revenue to annually notify  the municipality of the amount of the Municipal Sales Tax Increment which  shall be deposited by the municipality in the municipality's special tax  allocation fund. Provided that for purposes of this Section no amendments  adding additional area to the redevelopment project area which has been  certified as the State Sales Tax Boundary shall be taken into account if  such amendments are adopted by the municipality after January 1, 1987. If  an amendment is adopted which decreases the area of a State Sales Tax  Boundary, the municipality shall update the list required by subsection  (3)(a) of this Section. The Retailers' Occupation Tax liability, Use Tax  liability, Service Occupation Tax liability and Service Use Tax liability  for retailers and servicemen located within the disconnected area shall be  excluded from the base from which tax increments are calculated and the  revenue from any such retailer or serviceman shall not be included in  calculating incremental revenue payable to the municipality. A municipality  adopting an ordinance under this subsection (1) of this Section for a  redevelopment project area which is certified as a State Sales Tax Boundary  shall not be entitled to payments of State taxes authorized under  subsection (2) of this Section for the same redevelopment project area.  Nothing herein shall be construed to prevent a municipality from receiving  payment of State taxes authorized under subsection (2) of this Section for  a separate redevelopment project area that does not overlap in any way with  the State Sales Tax Boundary receiving payments of State taxes pursuant to  subsection (1) of this Section.A certified copy of such ordinance shall be submitted by the municipality  to the Department of Commerce and Economic Opportunity and the Department of  Revenue not later than 30 days after the effective date of the ordinance.  Upon submission of the ordinances, and the information required pursuant to  subsection 3 of this Section, the Department of Revenue shall promptly  determine the amount of such taxes paid under the Retailers' Occupation Tax  Act, Use Tax Act, Service Use Tax Act, the Service Occupation Tax Act, the  Municipal Retailers' Occupation Tax Act and the Municipal Service  Occupation Tax Act by retailers and servicemen on transactions at places  located in the redevelopment project area during the base year, and shall  certify all the foregoing "initial sales tax amounts" to the municipality  within 60 days of submission of the list required of subsection (3)(a) of  this Section.If a retailer or serviceman with a place of business located within a  redevelopment project area also has one or more other places of business  within the municipality but outside the redevelopment project area, the  retailer or serviceman shall, upon request of the Department of Revenue,  certify to the Department of Revenue the amount of taxes paid pursuant to  the Retailers' Occupation Tax Act, the Municipal Retailers' Occupation Tax  Act, the Service Occupation Tax Act and the Municipal Service Occupation  Tax Act at each place of business which is located within the redevelopment  project area in the manner and for the periods of time requested by the  Department of Revenue.When the municipality determines that a portion of an increase in  the aggregate amount of taxes paid by retailers and servicemen under the  Retailers' Occupation Tax Act, Use Tax Act, Service Use Tax Act, or the  Service Occupation Tax Act is the result of a retailer or serviceman  initiating retail or service operations in the redevelopment project area  by such retailer or serviceman with a resulting termination of retail or  service operations by such retailer or serviceman at another  location in Illinois in the standard metropolitan statistical area of such  municipality, the Department of Revenue shall be notified that the  retailers occupation tax liability, use tax liability, service occupation tax  liability, or service use tax liability from such retailer's or serviceman's  terminated operation shall be included in the base Initial Sales Tax  Amounts from which the State Sales Tax Increment is calculated for purposes  of State payments to the affected municipality; provided, however, for  purposes of this paragraph "termination" shall mean a closing of a retail  or service operation which is directly related to the opening of the same  retail or service operation in a redevelopment project area which is  included within a State Sales Tax Boundary, but it shall not include retail  or service operations closed for reasons beyond the control of the retailer  or serviceman, as determined by the Department.If the municipality makes the determination referred to in the prior  paragraph and notifies the Department and if the relocation is from a  location within the municipality, the Department, at the request of the  municipality, shall adjust the certified aggregate amount of taxes that  constitute the Municipal Sales Tax Increment paid by retailers and servicemen  on transactions at places of business located within the State Sales Tax  Boundary during the base year using the same procedures as are employed to  make the adjustment referred to in the prior paragraph.  The adjusted  Municipal Sales Tax Increment calculated by the Department shall be  sufficient to satisfy the requirements of subsection (1) of this Section.When a municipality which has adopted tax increment allocation financing  in 1986 determines that a portion of the aggregate amount of taxes paid by  retailers and servicemen under the Retailers Occupation Tax Act, Use Tax  Act, Service Use Tax Act, or Service Occupation Tax Act, the Municipal  Retailers' Occupation Tax Act and the Municipal Service Occupation Tax Act,  includes revenue of a retailer or serviceman which terminated retailer or  service operations in 1986, prior to the adoption of tax increment  allocation financing, the Department of Revenue shall be notified by such  municipality that the retailers' occupation tax liability, use tax  liability, service occupation tax liability or service use tax liability,  from such retailer's or serviceman's terminated operations shall be  excluded from the Initial Sales Tax Amounts for such taxes. The revenue  from any such retailer or serviceman which is excluded from the base year  under this paragraph, shall not be included in calculating incremental  revenues if such retailer or serviceman reestablishes such business in the  redevelopment project area.For State fiscal year 1992, the Department of Revenue shall  budget, and the Illinois General Assembly shall appropriate  from the Illinois Tax Increment Fund in the State treasury, an amount not  to exceed $18,000,000 to pay to each eligible municipality the Net  State Sales Tax Increment to which such municipality is entitled.Beginning on January 1, 1993, each municipality's proportional share of  the Illinois Tax Increment Fund shall be determined by adding the annual Net  State Sales Tax Increment and the annual Net Utility Tax Increment to determine  the Annual Total Increment. The ratio of the Annual Total Increment of each  municipality to the Annual Total Increment for all municipalities, as most  recently calculated by the Department, shall determine the proportional shares  of the Illinois Tax Increment Fund to be distributed to each municipality.Beginning in October, 1993, and each January, April, July and October  thereafter, the Department of Revenue shall certify to the Treasurer and  the Comptroller the amounts payable quarter annually during the fiscal year  to each municipality under this Section. The Comptroller shall promptly  then draw warrants, ordering the State Treasurer to pay such amounts from  the Illinois Tax Increment Fund in the State treasury.The Department of Revenue shall utilize the same periods established  for determining State Sales Tax Increment to determine the Municipal  Sales Tax Increment for the area within a State Sales Tax  Boundary and certify such amounts to such municipal treasurer who shall  transfer such amounts to the special tax allocation fund.The provisions of this subsection (1) do not apply to additional  municipal retailers' occupation or service occupation taxes imposed by  municipalities using their home rule powers or imposed pursuant to  Sections 8-11-1.3, 8-11-1.4 and 8-11-1.5 of this Act. A municipality shall not  receive from the State any share of the Illinois Tax Increment Fund unless such  municipality deposits all its Municipal Sales Tax Increment and  the local incremental real property tax revenues, as provided herein, into  the appropriate special tax allocation fund.  If, however, a municipality has extended the estimated dates of completion of  the redevelopment project and retirement of obligations to finance  redevelopment project costs by municipal ordinance to December 31, 2013 under  subsection (n) of Section 11-74.4-3, then that municipality shall continue to  receive from the State a share of the Illinois Tax Increment Fund  so long as the municipality deposits, from any funds available, excluding funds  in the special tax allocation fund, an amount equal  to the municipal share of the real property tax increment revenues  into the special tax allocation fund during the extension period.  The amount to be deposited by the municipality in each of the tax years  affected by the extension to December 31, 2013 shall be equal to the municipal  share of the property tax increment deposited into the special tax allocation  fund by the municipality for the most recent year that the property tax  increment was distributed.  A municipality located within  an economic development project area created under the County Economic  Development Project Area Property Tax Allocation Act which has abated any  portion of its property taxes which otherwise would have been deposited in  its special tax allocation fund shall not receive from the State the Net  Sales Tax Increment.(2) A municipality which has adopted tax increment allocation  financing with regard to an industrial park or industrial park  conservation area, prior to January 1, 1988, may by ordinance authorize the  Department of Revenue to annually certify and pay from the Illinois Tax  Increment Fund to such municipality for deposit in the municipality's  special tax allocation fund an amount equal to the Net State Utility Tax  Increment. Provided that for purposes of this Section no amendments adding  additional area to the redevelopment project area shall be taken into  account if such amendments are adopted by the municipality after January 1,  1988. Municipalities adopting an ordinance under this subsection (2) of  this Section for a redevelopment project area shall not be entitled to  payment of State taxes authorized under subsection (1) of this Section for  the same redevelopment project area which is within a State Sales Tax  Boundary. Nothing herein shall be construed to prevent a municipality from  receiving payment of State taxes authorized under subsection (1) of this  Section for a separate redevelopment project area within a State Sales Tax  Boundary that does not overlap in any way with the redevelopment project  area receiving payments of State taxes pursuant to subsection (2) of this  Section.A certified copy of such ordinance shall be submitted to the Department  of Commerce and Economic Opportunity and the Department of Revenue not later  than 30 days after the effective date of the ordinance.When a municipality determines that a portion of an increase in the  aggregate amount of taxes paid by industrial or commercial facilities under  the Public Utilities Act, is the result of an industrial or commercial  facility initiating operations in the redevelopment project area with a  resulting termination of such operations by such industrial or commercial  facility at another location in Illinois, the Department of Revenue shall be  notified by such municipality that such industrial or commercial facility's  liability under the Public Utility Tax Act shall be included in the base  from which tax increments are calculated for purposes of State payments to  the affected municipality.After receipt of the calculations by the public utility as required by  subsection (4) of this Section, the Department of Revenue shall annually  budget and the Illinois General Assembly shall annually appropriate from  the General Revenue Fund through State Fiscal Year 1989, and thereafter from  the Illinois Tax Increment Fund, an amount sufficient to pay to each eligible  municipality the amount of incremental revenue attributable to State  electric and gas taxes as reflected by the charges imposed on persons in  the project area to which such municipality is entitled by comparing the  preceding calendar year with the base year as determined by this Section.  Beginning on January 1, 1993, each municipality's proportional share of  the Illinois Tax Increment Fund shall be determined by adding the annual Net  State Utility Tax Increment and the annual Net Utility Tax Increment to  determine the Annual Total Increment. The ratio of the Annual Total Increment  of each municipality to the Annual Total Increment for all municipalities, as  most recently calculated by the Department, shall determine the proportional  shares of the Illinois Tax Increment Fund to be distributed to each  municipality.A municipality shall not receive any share of the Illinois Tax  Increment Fund from the State unless such municipality imposes the maximum  municipal charges authorized pursuant to Section 9-221 of the  Public Utilities Act and deposits all municipal utility tax incremental  revenues as certified by the public utilities, and all local real estate  tax increments into such municipality's special tax allocation fund.(3) Within 30 days after the adoption of the ordinance required by either  subsection (1) or subsection (2) of this Section, the municipality shall  transmit to the Department of Commerce and Economic Opportunity and the  Department of Revenue the following:(a) if applicable, a certified copy of the ordinance     required by subsection (1) accompanied by a complete list of street names and the range of street numbers of each street located within the redevelopment project area for which payments are to be made under this Section in both the base year and in the year preceding the payment year; and the addresses of persons registered with the Department of Revenue; and, the name under which each such retailer or serviceman conducts business at that address, if different from the corporate name; and the Illinois Business Tax Number of each such person (The municipality shall update this list in the event of a revision of the redevelopment project area, or the opening or closing or name change of any street or part thereof in the redevelopment project area, or if the Department of Revenue informs the municipality of an addition or deletion pursuant to the monthly updates given by the Department.);(b) if applicable, a certified copy of the ordinance     required by subsection (2) accompanied by a complete list of street names and range of street numbers of each street located within the redevelopment project area, the utility customers in the project area, and the utilities serving the redevelopment project areas;(c) certified copies of the ordinances approving the     redevelopment plan and designating the redevelopment project area;(d) a copy of the redevelopment plan as approved by     the municipality;(e) an opinion of legal counsel that the municipality     had complied with the requirements of this Act; and(f) a certification by the chief executive officer of     the municipality that with regard to a redevelopment project area: (1) the municipality has committed all of the municipal tax increment created pursuant to this Act for deposit in the special tax allocation fund, (2) the redevelopment projects described in the redevelopment plan would not be completed without the use of State incremental revenues pursuant to this Act, (3) the municipality will pursue the implementation of the redevelopment plan in an expeditious manner, (4) the incremental revenues created pursuant to this Section will be exclusively utilized for the development of the redevelopment project area, and (5) the increased revenue created pursuant to this Section shall be used exclusively to pay redevelopment project costs as defined in this Act.(4) The Department of Revenue upon receipt of the information set forth  in paragraph (b) of subsection (3) shall immediately forward such  information to each public utility furnishing natural gas or electricity to  buildings within the redevelopment project area.  Upon receipt of such  information, each public utility shall promptly:(a) provide to the Department of Revenue and the     municipality separate lists of the names and addresses of persons within the redevelopment project area receiving natural gas or electricity from such public utility.  Such list shall be updated as necessary by the public utility. Each month thereafter the public utility shall furnish the Department of Revenue and the municipality with an itemized listing of charges imposed pursuant to Sections 9-221 and 9-222 of the Public Utilities Act on persons within the redevelopment project area.(b) determine the amount of charges imposed pursuant     to Sections 9-221 and 9-222 of the Public Utilities Act on persons in the redevelopment project area during the base year, both as a result of municipal taxes on electricity and gas and as a result of State taxes on electricity and gas and certify such amounts both to the municipality and the Department of Revenue; and(c) determine the amount of charges imposed pursuant     to Sections 9-221 and 9-222 of the Public Utilities Act on persons in the redevelopment project area on a monthly basis during the base year, both as a result of State and municipal taxes on electricity and gas and certify such separate amounts both to the municipality and the Department of Revenue.After the determinations are made in paragraphs (b) and (c), the public  utility shall monthly during the existence of the redevelopment project  area notify the Department of Revenue and the municipality of any increase  in charges over the base year determinations made pursuant to paragraphs  (b) and (c).(5) The payments authorized under this Section shall be deposited by the  municipal treasurer in the special tax allocation fund of the municipality,  which for accounting purposes shall identify the sources of each payment  as: municipal receipts from the State retailers occupation, service  occupation, use and service use taxes; and municipal public utility taxes  charged to customers under the Public Utilities Act and State public  utility taxes charged to customers under the Public Utilities Act.(6) Before the effective date of this amendatory Act of the 91st General  Assembly, any  municipality receiving payments authorized under this Section  for any redevelopment project area or area within a State Sales Tax  Boundary within the municipality shall submit to the Department of Revenue  and to the taxing  districts which are sent the notice required by Section  6 of this Act annually within 180 days after the close of each municipal  fiscal year the following information for the immediately preceding fiscal  year:(a) Any amendments to the redevelopment plan, the     redevelopment project area, or the State Sales Tax Boundary.(b) Audited financial statements of the special tax     allocation fund.(c) Certification of the Chief Executive Officer of     the municipality that the municipality has complied with all of the requirements of this Act during the preceding fiscal year.(d) An opinion of legal counsel that the municipality     is in compliance with this Act.(e) An analysis of the special tax allocation fund     which sets forth:(1) the balance in the special tax allocation         fund at the beginning of the fiscal year;(2) all amounts deposited in the special tax         allocation fund by source;(3) all expenditures from the special tax         allocation fund by category of permissible redevelopment project cost; and(4) the balance in the special tax allocation         fund at the end of the fiscal year including a breakdown of that balance by source. Such ending balance shall be designated as surplus if it is not required for anticipated redevelopment project costs or to pay debt service on bonds issued to finance redevelopment project costs, as set forth in Section 11-74.4-7 hereof.(f) A description of all property purchased by the     municipality within the redevelopment project area including:1. Street address2. Approximate size or description of property3. Purchase price4. Seller of property.(g) A statement setting forth all activities     undertaken in furtherance of the objectives of the redevelopment plan, including:1. Any project implemented in the preceding         fiscal year2. A description of the redevelopment activities         undertaken3. A description of any agreements entered into         by the municipality with regard to the disposition or redevelopment of any property within the redevelopment project area or the area within the State Sales Tax Boundary.(h) With regard to any obligations issued by the     municipality:1. copies of bond ordinances or resolutions2. copies of any official statements3. an analysis prepared by financial advisor or         underwriter setting forth: (a) nature and term of obligation; and (b) projected debt service including required reserves and debt coverage.(i) A certified audit report reviewing compliance     with this statute performed by an independent public accountant certified and licensed by the authority of the State of Illinois.  The financial portion of the audit must be conducted in accordance with Standards for Audits of Governmental Organizations, Programs, Activities, and Functions adopted by the Comptroller General of the United States (1981), as amended.  The audit report shall contain a letter from the independent certified public accountant indicating compliance or noncompliance with the requirements of subsection (q) of Section 11-74.4-3.  If the audit indicates that expenditures are not in compliance with the law, the Department of Revenue shall withhold State sales and utility tax increment payments to the municipality until compliance has been reached, and an amount equal to the ineligible expenditures has been returned to the Special Tax Allocation Fund.(6.1) After July 29, 1988 and before the effective date of this amendatory  Act of the 91st General Assembly,  any funds which have not been designated for  use in a specific development project in the annual report shall be  designated as surplus.  No funds may be held in the Special Tax Allocation Fund for more than 36 months  from the date of receipt unless the money is required for payment of  contractual obligations for specific development project costs.  If held for  more than 36 months in violation of the preceding sentence, such funds shall be  designated as surplus.  Any funds  designated as surplus must first be used for early redemption of any bond  obligations.  Any funds designated as surplus which are not disposed of as  otherwise provided in this paragraph, shall be distributed as  surplus as  provided in Section 11-74.4-7.(7) Any appropriation made pursuant to this Section for the 1987 State  fiscal year shall not exceed the amount of $7 million and for the 1988  State fiscal year the amount of $10 million.  The amount which shall be  distributed to each municipality shall be the incremental revenue to which  each municipality is entitled as calculated by the Department of Revenue,  unless the requests of the municipality exceed the appropriation,  then the amount to which each municipality shall be entitled shall be  prorated among the municipalities in the same proportion as the increment to  which the municipality would be entitled bears to the total increment which all  municipalities would receive in the absence of this limitation, provided that  no municipality may receive an amount in excess of 15% of the appropriation.  For the 1987 Net State Sales Tax Increment payable in Fiscal Year 1989, no  municipality shall receive more than 7.5% of the total appropriation; provided,  however, that any of the appropriation remaining after such distribution shall  be prorated among municipalities on the basis of their pro rata share of the  total increment. Beginning on January 1, 1993, each municipality's proportional  share of the Illinois Tax Increment Fund shall be determined by adding the  annual Net State Sales Tax Increment and the annual Net Utility Tax Increment  to determine the Annual Total Increment. The ratio of the Annual Total  Increment of each municipality to the Annual Total Increment for all  municipalities, as most recently calculated by the Department, shall determine  the proportional shares of the Illinois Tax Increment Fund to be distributed to  each municipality.(7.1) No distribution of Net State Sales Tax Increment  to a municipality for an area within a State Sales Tax Boundary shall  exceed in any State Fiscal Year an amount equal  to 3 times the sum of the Municipal Sales Tax Increment, the real  property tax increment and deposits of funds from other sources, excluding  state and federal funds, as certified by the city treasurer to the  Department of Revenue for an area within a State Sales Tax Boundary. After  July 29, 1988, for those municipalities which issue bonds between June 1,  1988 and 3 years from July 29, 1988 to finance redevelopment projects  within the area in a State Sales Tax Boundary, the distribution of Net  State Sales Tax Increment during the 16th through 20th years from the date  of issuance of the bonds shall not exceed in any State Fiscal Year an  amount equal to 2 times the sum of the Municipal Sales Tax Increment, the  real property tax increment and deposits of funds from other sources,  excluding State and federal funds.(8) Any person who knowingly files or causes to be filed false  information for the purpose of increasing the amount of any State tax  incremental revenue commits a Class A misdemeanor.(9) The following procedures shall be followed to determine whether  municipalities have complied with the Act for the purpose of receiving  distributions after July 1, 1989 pursuant to subsection (1) of this  Section 11-74.4-8a.(a) The Department of Revenue shall conduct a     preliminary review of the redevelopment project areas and redevelopment plans pertaining to those municipalities receiving payments from the State pursuant to subsection (1) of Section 8a of this Act for the purpose of determining compliance with the following standards:(1) For any municipality with a population of         more than 12,000 as determined by the 1980 U.S. Census:  (a) the redevelopment project area, or in the case of a municipality which has more than one redevelopment project area, each such area, must be contiguous and the total of all such areas shall not comprise more than 25% of the area within the municipal boundaries nor more than 20% of the equalized assessed value of the municipality; (b) the aggregate amount of 1985 taxes in the redevelopment project area, or in the case of a municipality which has more than one redevelopment project area, the total of all such areas, shall be not more than 25% of the total base year taxes paid by retailers and servicemen on transactions at places of business located within the municipality under the Retailers' Occupation Tax Act, the Use Tax Act, the Service Use Tax Act, and the Service Occupation Tax Act. Redevelopment project areas created prior to 1986 are not subject to the above standards if their boundaries were not amended in 1986.(2) For any municipality with a population of         12,000 or less as determined by the 1980 U.S. Census:  (a) the redevelopment project area, or in the case of a municipality which has more than one redevelopment project area, each such area, must be contiguous and the total of all such areas shall not comprise more than 35% of the area within the municipal boundaries nor more than 30% of the equalized assessed value of the municipality; (b) the aggregate amount of 1985 taxes in the redevelopment project area, or in the case of a municipality which has more than one redevelopment project area, the total of all such areas, shall not be more than 35% of the total base year taxes paid by retailers and servicemen on transactions at places of business located within the municipality under the Retailers' Occupation Tax Act, the Use Tax Act, the Service Use Tax Act, and the Service Occupation Tax Act.  Redevelopment project areas created prior to 1986 are not subject to the above standards if their boundaries were not amended in 1986.(3) Such preliminary review of the redevelopment         project areas applying the above standards shall be completed by November 1, 1988, and on or before November 1, 1988, the Department shall notify each municipality by certified mail, return receipt requested that either (1) the Department requires additional time in which to complete its preliminary review; or (2) the Department is issuing either (a) a Certificate of Eligibility or (b) a Notice of Review. If the Department notifies a municipality that it requires additional time to complete its preliminary investigation, it shall complete its preliminary investigation no later than February 1, 1989, and by February 1, 1989 shall issue to each municipality either (a) a Certificate of Eligibility or (b) a Notice of Review. A redevelopment project area for which a Certificate of Eligibility has been issued shall be deemed a "State Sales Tax Boundary."(4) The Department of Revenue shall also issue a         Notice of Review if the Department has received a request by November 1, 1988 to conduct such a review from taxpayers in the municipality, local taxing districts located in the municipality or the State of Illinois, or if the redevelopment project area has more than 5 retailers and has had growth in State sales tax revenue of more than 15% from calendar year 1985 to 1986.(b) For those municipalities receiving a Notice of     Review, the Department will conduct a secondary review consisting of: (i) application of the above standards contained in subsection (9)(a)(1)(a) and (b) or (9)(a)(2)(a) and (b), and (ii) the definitions of blighted and conservation area provided for in Section 11-74.4-3.  Such secondary review shall be completed by July 1, 1989.Upon completion of the secondary review, the     Department will issue (a) a Certificate of Eligibility or (b) a Preliminary Notice of Deficiency.  Any municipality receiving a Preliminary Notice of Deficiency may amend its redevelopment project area to meet the standards and definitions set forth in this paragraph (b). This amended redevelopment project area shall become the "State Sales Tax Boundary" for purposes of determining the State Sales Tax Increment.(c) If the municipality advises the Department of its     intent to comply with the requirements of paragraph (b) of this subsection outlined in the Preliminary Notice of Deficiency, within 120 days of receiving such notice from the Department, the municipality shall submit documentation to the Department of the actions it has taken to cure any deficiencies. Thereafter, within 30 days of the receipt of the documentation, the Department shall either issue a Certificate of Eligibility or a Final Notice of Deficiency.  If the municipality fails to advise the Department of its intent to comply or fails to submit adequate documentation of such cure of deficiencies the Department shall issue a Final Notice of Deficiency that provides that the municipality is ineligible for payment of the Net State Sales Tax Increment.(d) If the Department issues a final determination of     ineligibility, the municipality shall have 30 days from the receipt of determination to protest and request a hearing. Such hearing shall be conducted in accordance with Sections 10-25, 10-35, 10-40, and 10-50 of the Illinois Administrative Procedure Act. The decision following the hearing shall be subject to review under the Administrative Review Law.(e) Any Certificate of Eligibility issued pursuant to     this subsection 9 shall be binding only on the State for the purposes of establishing municipal eligibility to receive revenue pursuant to subsection (1) of this Section 11-74.4-8a.(f) It is the intent of this subsection that the     periods of time to cure deficiencies shall be in addition to all other periods of time permitted by this Section, regardless of the date by which plans were originally required to be adopted.  To cure said deficiencies, however, the municipality shall be required to follow the procedures and requirements pertaining to amendments, as provided in Sections 11-74.4-5 and 11-74.4-6 of this Act.(10) If a municipality adopts a State Sales Tax Boundary in accordance  with the provisions of subsection (9) of this Section, such boundaries  shall subsequently be utilized to determine Revised Initial Sales Tax  Amounts and the Net State Sales Tax Increment; provided, however, that such  revised State Sales Tax Boundary shall not have any effect upon the boundary of  the redevelopment project area established for the purposes of determining the  ad valorem taxes on real property pursuant to Sections 11-74.4-7 and 11-74.4-8  of this Act nor upon the municipality's authority to implement  the redevelopment plan for that redevelopment project area.  For any  redevelopment project area with a smaller State Sales Tax Boundary within  its area, the municipality may annually elect to deposit the Municipal  Sales Tax Increment for the redevelopment project area in the special tax  allocation fund and shall certify the amount to the Department prior to  receipt of the Net State Sales Tax Increment.  Any municipality required by  subsection (9) to establish a State Sales Tax Boundary for one or more of  its redevelopment project areas shall submit all necessary information  required by the Department concerning such boundary and the retailers  therein, by October 1, 1989, after complying with the procedures for  amendment set forth in Sections 11-74.4-5 and 11-74.4-6 of this Act.  Net  State Sales Tax Increment produced within the State Sales Tax Boundary  shall be spent only within that area. However expenditures of all municipal  property tax increment and municipal sales tax increment in a redevelopment  project area are not required to be spent within the smaller State Sales  Tax Boundary within such redevelopment project area.(11) The Department of Revenue shall have the authority to issue rules  and regulations for purposes of this Section.(12) If, under Section 5.4.1 of the Illinois Enterprise Zone Act, a  municipality determines that property that lies within a State Sales Tax  Boundary has an improvement, rehabilitation, or renovation that is entitled to  a property tax abatement, then that property along with any improvements,  rehabilitation, or renovations shall be immediately removed from any State  Sales Tax Boundary.  The municipality that made the determination shall notify  the Department of Revenue within 30 days after the determination.  Once a  property is removed from the State Sales Tax Boundary because of the existence  of a property tax abatement resulting from an enterprise  zone, then that property shall not be permitted to  be amended into a State Sales Tax Boundary.  (Source: P.A. 100-201, eff. 8-18-17.)