Full Text of SB2033 95th General Assembly
SB2033ham002 95TH GENERAL ASSEMBLY
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Rep. David R. Leitch
Filed: 5/22/2008
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| AMENDMENT TO SENATE BILL 2033
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| AMENDMENT NO. ______. Amend Senate Bill 2033 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Illinois Rural Economic Development and Tourism Stimulus Act. | 6 |
| Section 10. Purpose. The express purpose of this | 7 |
| legislation is to establish a method of enabling the creation | 8 |
| of a locally customized program to utilize a palette of | 9 |
| economic development incentives already in wide use throughout | 10 |
| the State but organized in a unique, locally established | 11 |
| district to attract businesses and tourism-related activity to | 12 |
| provide stimulation of the local economies of the areas where | 13 |
| these districts are formed in order to increase economic | 14 |
| development, including jobs and tax revenues of every type, and | 15 |
| to improve the quality of life in the areas affected by the | 16 |
| unemployment, disinvestment, and population losses that |
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| characterize these areas and thereby increase the | 2 |
| opportunities for rural Illinois families to remain intact and | 3 |
| prosper. | 4 |
| Section 15. Definitions. | 5 |
| (a) "Special taxing district" means those districts | 6 |
| created pursuant to this Act, which are political subdivisions | 7 |
| of the State of Illinois. | 8 |
| (b) "Board of Directors" means the group of representatives | 9 |
| appointed pursuant to the requirements of this Act to serve as | 10 |
| a governing body for those districts created pursuant to this | 11 |
| Act. | 12 |
| Section 20. Enabling authority. The State of Illinois | 13 |
| hereby confers to counties the authority to, by majority vote | 14 |
| of the county board in which a proposed district would reside, | 15 |
| the authority to create certain special taxation districts, | 16 |
| which are designed to employ certain economic development | 17 |
| incentives currently allowed under State law to address | 18 |
| conditions of persistent lack of economic development, chronic | 19 |
| underemployment or unemployment, and poverty. | 20 |
| Section 25. Requirements. All special taxation districts | 21 |
| created pursuant to this Act shall first meet the following | 22 |
| economic and employment criteria before they are eligible for | 23 |
| consideration and approval by the county board of the county in |
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| which the district is proposed to be located: | 2 |
| (1) the median income or wage within the county is | 3 |
| equal to or less than 60% of the State median; | 4 |
| (2) unemployment levels within the county are equal to | 5 |
| or greater than 25% of the State median; | 6 |
| (3) the percentage of county population living below | 7 |
| the poverty level is more than 25% higher than the State | 8 |
| average; and | 9 |
| (4) the area consists of at least 1,000 acres within | 10 |
| the county seeking to institute such a district but lying | 11 |
| outside of the corporate limits of any municipality. | 12 |
| Notwithstanding any other law to the contrary, territory | 13 |
| within a special taxing district created by this Act may not be | 14 |
| annexed by another political subdivision of the State and is | 15 |
| not subject to extra-territorial applications of existing | 16 |
| municipal law. | 17 |
| Section 30. Board makeup. | 18 |
| (a) A District created by this Act shall be governed by a | 19 |
| Board of Directors consisting of 3 members appointed by the | 20 |
| county board of the county in which the district is situated. | 21 |
| Members must be residents of that county. Of the initial | 22 |
| members appointed pursuant to this Section, one shall serve for | 23 |
| a 2-year term, one shall serve for a 3-year term, and one shall | 24 |
| serve for a 4-year term. Their successors shall be appointed | 25 |
| for 4-year terms. Members shall serve without compensation, but |
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| may be reimbursed for necessary expenses. | 2 |
| (b) The Board of Directors shall: | 3 |
| (1) appoint from among its members a Chairman, a | 4 |
| Secretary and such other officers as may be necessary to | 5 |
| conduct its business; | 6 |
| (2) keep and maintain a complete and accurate record of | 7 |
| all of its proceedings; the Board is a public body, subject | 8 |
| to all laws governing political subdivisions of the State | 9 |
| of Illinois; | 10 |
| (3) enter into intergovernmental agreements with the | 11 |
| county within which it is located for administrative and | 12 |
| staff support and meeting accommodations for accomplishing | 13 |
| the purposes of the District; | 14 |
| (4) enter into contracts and other agreements in the | 15 |
| interest of the District or to carry out and accomplish the | 16 |
| purposes of this Act, including construction contracts; | 17 |
| and | 18 |
| (5) contract for consulting, legal, accounting, and | 19 |
| other outside professional services, including a contracts | 20 |
| with a professional facility management company. | 21 |
| Section 35. Powers. A county, by ordinance, may create a | 22 |
| special taxation district pursuant to this Act. The District | 23 |
| shall have the authority to: | 24 |
| (1) collect and provide for the expenditure of that | 25 |
| portion of all sales taxes due from licensed economic |
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| activities within the District, normally collected by and | 2 |
| allocated to the general revenue fund of the county in | 3 |
| which the District is located; | 4 |
| (2) enter into economic incentive agreements as | 5 |
| provided in Section 8-11-20 of the Illinois Municipal Code | 6 |
| to allocate utilization of the municipality's share of any | 7 |
| non-home rule retailers' occupation taxes generated within | 8 |
| the Redevelopment Project Area in accordance with Section | 9 |
| 8-11-20 of the Illinois Municipal Code; | 10 |
| (3) levy and allocate the use of a Municipal Use Tax | 11 |
| (infrastructure tax) under procedures described in Section | 12 |
| 8-11-1.5 of the Illinois Municipal Code; | 13 |
| (4) provide for the assessment of and the utilization | 14 |
| of a Hotel-Motel tax, not to exceed 5%, as is permitted in | 15 |
| Section 8-3-14 of the Illinois Municipal Code; | 16 |
| (5) enter into intergovernmental agreements by the | 17 |
| affirmative vote of its board of directors; | 18 |
| (6) provide for the use of Tax Increment Financing | 19 |
| (TIF) to collect property taxes for all real property | 20 |
| located within the District for the maximum period | 21 |
| allowable under State law; | 22 |
| (7) create an Illinois Business District pursuant to | 23 |
| the Business District Development and Redevelopment Act; | 24 |
| (8) levy and collect additional taxes including, but | 25 |
| not limited to, utility taxes and telecommunications taxes | 26 |
| on all property owners within the District. Any expenditure |
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| of funds collected pursuant to this Act shall only be | 2 |
| expended according to a budget approved by a majority vote | 3 |
| of the District's Board of Directors. Any subsequent | 4 |
| increase in the tax rate must be approved by a majority | 5 |
| vote of the District's Board of Directors; | 6 |
| (9) levy a special use tax on business activity in the | 7 |
| District that is subject to taxation under the law; the tax | 8 |
| shall be levied at a rate to be determined by majority vote | 9 |
| of the Board of Directors; | 10 |
| (10) adopt and use a corporate seal; | 11 |
| (11) sue and be sued; | 12 |
| (12) adopt administrative rules as necessary to | 13 |
| administer and operate the District and any property under | 14 |
| its jurisdiction; | 15 |
| (13) retain legal counsel and other consultants as | 16 |
| necessary to carry out the purposes of the District; and | 17 |
| (14) acquire by any lawful means and operate, maintain, | 18 |
| encumber and dispose of real and personal property and | 19 |
| interests in property. The district shall not have the | 20 |
| power of eminent domain. | 21 |
| Section 40. Financial provisions. On or before June 30 of | 22 |
| each year, the Board shall hold a public hearing to adopt a | 23 |
| budget for the following fiscal year that includes: | 24 |
| (1) District receipts during the preceding fiscal | 25 |
| year; |
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| (2) expenditures during the preceding fiscal year; | 2 |
| (3) estimates of amounts necessary for expenses during | 3 |
| the following fiscal year, including amounts proposed for: | 4 |
| (i) costs of planning, constructing, financing, | 5 |
| and maintaining the District's facilities; and | 6 |
| (ii) administrative costs of the District; | 7 |
| (4) anticipated revenue to the District from each | 8 |
| source in the following fiscal year; | 9 |
| (5) a complete asset and liability statement; | 10 |
| (6) a statement of profit or loss; | 11 |
| (7) cash on hand as of the date the budget is adopted | 12 |
| and the anticipated balance at the end of the current | 13 |
| fiscal year; and | 14 |
| (8) a description of the amount and nature of private | 15 |
| funding and financing committed to the operation of the | 16 |
| District. | 17 |
| Section 45. General fund; investments. Each District | 18 |
| established pursuant to this Act shall maintain a general fund | 19 |
| and may establish accounts and subaccounts within the general | 20 |
| fund as necessary and convenient. All revenues and moneys | 21 |
| received by the District shall be deposited in the general | 22 |
| fund. The District may invest any unexpended moneys in the fund | 23 |
| as provided by State law governing investments by public | 24 |
| entities. Interest and other income from investments of monies | 25 |
| in any account shall be credited to that account except as |
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| otherwise provided by law. | 2 |
| The District's investments must mature when the fund assets | 3 |
| will be required for the purposes of this Section. If the | 4 |
| liquid assets in the fund become insufficient to meet the | 5 |
| District's obligations, the Board shall direct the fiscal agent | 6 |
| to liquidate sufficient securities to meet all of the current | 7 |
| obligations and immediately notify the Auditor General of the | 8 |
| insufficiency. The Auditor General shall investigate and audit | 9 |
| the circumstances surrounding the depletion of the fund and | 10 |
| report the findings to the Board. | 11 |
| Section 50. Audit. The Board shall cause an annual audit to | 12 |
| be conducted of the District's funds, accounts, and subaccounts | 13 |
| by an independent certified public accountant within 120 days | 14 |
| after the end of the fiscal year. The Board shall immediately | 15 |
| file a certified copy of the audit with the Auditor General and | 16 |
| the county board. The Auditor General may make such further | 17 |
| audits and examinations as necessary and may take appropriate | 18 |
| action relating to the audit or examination pursuant to the | 19 |
| Illinois State Auditing Act. If the Auditor General takes no | 20 |
| further action within 30 days after the audit is filed, the | 21 |
| audit is considered to be sufficient. The Board shall pay | 22 |
| negotiated and approved fees and costs of the Certified Public | 23 |
| Accountant and Auditor General under this Section. | 24 |
| Section 55. Annexation. A district formed under this Act |
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| may not be annexed by any other unit of local government | 2 |
| without the express approval of the board of commissioners of | 3 |
| the district. | 4 |
| Section 57. No rulemaking authority. Notwithstanding any | 5 |
| other rulemaking authority that may exist, neither the Governor | 6 |
| nor any agency or agency head under the jurisdiction of the | 7 |
| Governor has any authority to make or promulgate rules to | 8 |
| implement or enforce the provisions of this Act. If, however, | 9 |
| the Governor believes that rules are necessary to implement or | 10 |
| enforce the provisions of this Act, the Governor may suggest | 11 |
| rules to the General Assembly by filing them with the Clerk of | 12 |
| the House and Secretary of the Senate and by requesting that | 13 |
| the General Assembly authorize such rulemaking by law, enact | 14 |
| those suggested rules into law, or take any other appropriate | 15 |
| action in the General Assembly's discretion. Nothing contained | 16 |
| in this Act shall be interpreted to grant rulemaking authority | 17 |
| under any other Illinois statute where such authority is not | 18 |
| otherwise explicitly given. For the purposes of this Act, | 19 |
| "rules" is given the meaning contained in Section 1-70 of the | 20 |
| Illinois Administrative Procedure Act, and "agency" and | 21 |
| "agency head" are given the meanings contained in Sections 1-20 | 22 |
| and 1-25 of the Illinois Administrative Procedure Act to the | 23 |
| extent that such definitions apply to agencies or agency heads | 24 |
| under the jurisdiction of the Governor. |
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| Section 60. The Counties Code is amended by changing | 2 |
| Section 5-1062.3 as follows: | 3 |
| (55 ILCS 5/5-1062.3 new) | 4 |
| Sec. 5-1062.3. Stormwater management; Peoria. | 5 |
| (a) The purpose of this Section is to allow management and | 6 |
| mitigation of the effects of urbanization on stormwater | 7 |
| drainage in Peoria County and references to "county" in this | 8 |
| Section apply only to that county. The purpose of this Section | 9 |
| shall be achieved by: | 10 |
| (1) Consolidating the existing stormwater management
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| framework into a united, countywide structure. | 12 |
| (2) Setting minimum standards for floodplain and
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| stormwater management. | 14 |
| (3) Preparing a countywide plan for the management
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| stormwater runoff, including the management of natural and | 16 |
| man-made drainageways. The countywide plan may incorporate | 17 |
| watershed plans. | 18 |
| (b) A stormwater management planning committee may be | 19 |
| established by county board resolution, with its membership | 20 |
| consisting of equal numbers of county board and municipal | 21 |
| representatives from each county board district, and such other | 22 |
| members as may be determined by the county and municipal | 23 |
| members. The county board may by ordinance divide the county | 24 |
| into not less than 6 areas of approximately equal population, | 25 |
| to be used instead of county board districts for the purpose of |
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| determining representation on the stormwater management | 2 |
| planning committee. | 3 |
| The county board members shall be appointed by the chairman | 4 |
| of the county board. Municipal members from each county board | 5 |
| district or other represented area shall be appointed by a | 6 |
| majority vote of the mayors of those municipalities that have | 7 |
| the greatest percentage of their respective populations | 8 |
| residing in that county board district or other represented | 9 |
| area. All municipal and county board representatives shall be | 10 |
| entitled to a vote; the other members shall be nonvoting | 11 |
| members, unless authorized to vote by the unanimous consent of | 12 |
| the municipal and county board representatives. A municipality | 13 |
| that is located in more than one county may choose, at the time | 14 |
| of formation of the stormwater management planning committee | 15 |
| and based on watershed boundaries, to participate in the | 16 |
| stormwater management planning program of either or both of the | 17 |
| counties. Subcommittees of the stormwater management planning | 18 |
| committee may be established to serve a portion of the county | 19 |
| or a particular drainage basin that has similar stormwater | 20 |
| management needs. The stormwater management planning committee | 21 |
| shall adopt bylaws, by a majority vote of the county and | 22 |
| municipal members, to govern the functions of the committee and | 23 |
| its subcommittees. Officers of the committee shall include a | 24 |
| chair and vice chair, one of whom shall be a county | 25 |
| representative and one a municipal representative. | 26 |
| The principal duties of the committee shall be to develop a |
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| stormwater management plan for presentation to and approval by | 2 |
| the county board, and to direct the plan's implementation and | 3 |
| revision. The committee may retain engineering, legal, and | 4 |
| financial advisors and inspection personnel. The committee | 5 |
| shall meet at least quarterly and shall hold at least one | 6 |
| public meeting during the preparation of the plan and prior to | 7 |
| its submittal to the county board. The committee may make | 8 |
| grants to units of local government that have adopted an | 9 |
| ordinance requiring actions consistent with the stormwater | 10 |
| management plan and to landowners for the purposes of | 11 |
| stormwater management, including special projects; use of the | 12 |
| grant money must be consistent with the stormwater management | 13 |
| plan. | 14 |
| The committee shall not have or exercise any power of | 15 |
| eminent domain. | 16 |
| (c) In the preparation of a stormwater management plan, a | 17 |
| county stormwater management planning committee shall | 18 |
| coordinate the planning process with each adjoining county to | 19 |
| ensure that recommended stormwater projects will have no | 20 |
| significant impact on the levels or flows of stormwaters in | 21 |
| inter-county watersheds or on the capacity of existing and | 22 |
| planned stormwater retention facilities. An adopted stormwater | 23 |
| management plan shall identify steps taken by the county to | 24 |
| coordinate the development of plan recommendations with | 25 |
| adjoining counties. | 26 |
| (d) The stormwater management committee may not enforce any |
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| rules or regulations that would interfere with (i) any power | 2 |
| granted by the Illinois Drainage Code (70 ILCS 605/) to | 3 |
| operate, construct, maintain, or improve drainage systems or | 4 |
| (ii) the ability to operate, maintain, or improve the drainage | 5 |
| systems used on or by land or a facility used for production | 6 |
| agriculture purposes, as defined in the Use Tax Act (35 ILCS | 7 |
| 105/), except newly constructed buildings and newly installed | 8 |
| impervious paved surfaces. Disputes regarding an exception | 9 |
| shall be determined by a mutually agreed upon arbitrator paid | 10 |
| by the disputing party or parties. | 11 |
| (e) Before the stormwater management planning committee | 12 |
| recommends to the county board a stormwater management plan for | 13 |
| the county or a portion thereof, it shall submit the plan to | 14 |
| the Office of Water Resources of the Department of Natural | 15 |
| Resources for review and recommendations. The Office, in | 16 |
| reviewing the plan, shall consider such factors as impacts on | 17 |
| the levels or flows in rivers and streams and the cumulative | 18 |
| effects of stormwater discharges on flood levels. The Office of | 19 |
| Water Resources shall determine whether the plan or ordinances | 20 |
| enacted to implement the plan complies with the requirements of | 21 |
| subsection (f). Within a period not to exceed 60 days, the | 22 |
| review comments and recommendations shall be submitted to the | 23 |
| stormwater management planning committee for consideration. | 24 |
| Any amendments to the plan shall be submitted to the Office for | 25 |
| review. | 26 |
| (f) Prior to recommending the plan to the county board, the |
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| stormwater management planning committee shall hold at least | 2 |
| one public hearing thereon and shall afford interested persons | 3 |
| an opportunity to be heard. The hearing shall be held in the | 4 |
| county seat. Notice of the hearing shall be published at least | 5 |
| once no less than 15 days in advance of the hearing in a | 6 |
| newspaper of general circulation published in the county. The | 7 |
| notice shall state the time and place of the hearing and the | 8 |
| place where copies of the proposed plan will be accessible for | 9 |
| examination by interested parties. If an affected municipality | 10 |
| having a stormwater management plan adopted by ordinance wishes | 11 |
| to protest the proposed county plan provisions, it shall appear | 12 |
| at the hearing and submit in writing specific proposals to the | 13 |
| stormwater management planning committee. After consideration | 14 |
| of the matters raised at the hearing, the committee may amend | 15 |
| or approve the plan and recommend it to the county board for | 16 |
| adoption. | 17 |
| The county board may enact the proposed plan by ordinance. | 18 |
| If the proposals for modification of the plan made by an | 19 |
| affected municipality having a stormwater management plan are | 20 |
| not included in the proposed county plan, and the municipality | 21 |
| affected by the plan opposes adoption of the county plan by | 22 |
| resolution of its corporate authorities, approval of the county | 23 |
| plan shall require an affirmative vote of at least two-thirds | 24 |
| of the county board members present and voting. If the county | 25 |
| board wishes to amend the county plan, it shall submit in | 26 |
| writing specific proposals to the stormwater management |
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| planning committee. If the proposals are not approved by the | 2 |
| committee, or are opposed by resolution of the corporate | 3 |
| authorities of an affected municipality having a municipal | 4 |
| stormwater management plan, amendment of the plan shall require | 5 |
| an affirmative vote of at least two-thirds of the county board | 6 |
| members present and voting. | 7 |
| (g) The county board may prescribe by ordinance reasonable | 8 |
| rules and regulations for floodplain management and for | 9 |
| governing the location, width, course, and release rate of all | 10 |
| stormwater runoff channels, streams, and basins in the county, | 11 |
| in accordance with the adopted stormwater management plan. | 12 |
| Land, facilities, and drainage district facilities used for | 13 |
| production agriculture as defined in subsection (d) shall not | 14 |
| be subjected to regulation by the county board or stormwater | 15 |
| management committee under this Section for floodplain | 16 |
| management and for governing location, width, course, | 17 |
| maintenance, and release rate of stormwater runoff channels, | 18 |
| streams and basins, or water discharged from a drainage | 19 |
| district. These rules and regulations shall, at a minimum, meet | 20 |
| the standards for floodplain management established by the | 21 |
| Office of Water Resources and the requirements of the Federal | 22 |
| Emergency Management Agency for participation in the National | 23 |
| Flood Insurance Program. The Commission may not impose more | 24 |
| stringent regulations regarding water quality on entities | 25 |
| discharging in accordance with a valid National Pollution | 26 |
| Discharge Elimination System permit issued under the |
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| Environmental Protection Act. | 2 |
| (h) In accordance with, and if recommended in, the adopted | 3 |
| stormwater management plan, the county board may adopt a | 4 |
| schedule of fees as may be necessary to mitigate the effects of | 5 |
| stormwater runoff based on actual costs. The fees shall not | 6 |
| exceed the cost of satisfying the onsite stormwater retention | 7 |
| or detention requirements of the adopted stormwater management | 8 |
| plan. The fees shall be used to finance activities undertaken | 9 |
| by the county or its included municipalities to mitigate the | 10 |
| effects of urban stormwater runoff by providing regional | 11 |
| stormwater retention or detention facilities, as identified in | 12 |
| the county plan. The county board shall provide for a credit or | 13 |
| reduction in fees for any onsite retention, detention, drainage | 14 |
| district assessments, or other similar stormwater facility | 15 |
| consistent with the stormwater management ordinance. | 16 |
| Developers are exempt from any fees under this Section if the | 17 |
| new development satisfies onsite retention or detention | 18 |
| pursuant to any other local ordinance addressing erosion, | 19 |
| sediment, or stormwater control and Illinois Environmental | 20 |
| Protection Agency regulations that place the development into | 21 |
| compliance with the National Pollutant Discharge Elimination | 22 |
| System (NPDES) permit program at the time of the dedication of | 23 |
| public infrastructure. All these fees collected by the county | 24 |
| shall be held in a separate fund, and shall be expended only in | 25 |
| the watershed within which they were collected. | 26 |
| (i) For the purpose of implementing this Section and for |
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| the development, design, planning, construction, operation, | 2 |
| and maintenance of stormwater facilities provided for in the | 3 |
| stormwater management plan, a county board that has established | 4 |
| a stormwater management planning committee pursuant to this | 5 |
| Section may cause an annual tax of not to exceed 0.20% of the | 6 |
| value, as equalized or assessed by the Department of Revenue, | 7 |
| of all taxable property in the county to be levied upon all the | 8 |
| taxable property in the county or occupation and use taxes of | 9 |
| 1/10 of one cent. The property tax shall be in addition to all | 10 |
| other taxes authorized by law to be levied and collected in the | 11 |
| county and shall be in addition to the maximum tax rate | 12 |
| authorized by law for general county purposes. The 0.20% | 13 |
| limitation provided in this Section may be increased or | 14 |
| decreased by referendum in accordance with the provisions of | 15 |
| Sections 18-120, 18-125, and 18-130 of the Property Tax Code | 16 |
| (35 ILCS 200/). | 17 |
| Any revenues generated as a result of ownership or | 18 |
| operation of facilities or land acquired with the tax funds | 19 |
| collected pursuant to this subsection shall be held in a | 20 |
| separate fund and be used either to abate such property tax or | 21 |
| for implementing this Section. | 22 |
| However, the tax authorized by this subsection shall not be | 23 |
| levied until the question of its adoption, either for a | 24 |
| specified period or indefinitely, has been submitted to the | 25 |
| electors thereof and approved by a majority of those voting on | 26 |
| the question. This question may be submitted at any election |
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| held in the county after the adoption of a resolution by the | 2 |
| county board providing for the submission of the question to | 3 |
| the electors of the county. The county board shall certify the | 4 |
| resolution and proposition to the proper election officials, | 5 |
| who shall submit the proposition at an election in accordance | 6 |
| with the general election law. If a majority of the votes cast | 7 |
| on the question is in favor of the levy of the tax, it may | 8 |
| thereafter be levied in the county for the specified period or | 9 |
| indefinitely, as provided in the proposition. The question | 10 |
| shall be put in substantially the following form: | 11 |
| Shall an annual tax be levied
for stormwater management | 12 |
| purposes (for a period of not more than ..... years) at a | 13 |
| rate not exceeding
.....% of the equalized assessed
value | 14 |
| of the taxable property of Peoria County? | 15 |
| Or this question may be submitted at any election held in the | 16 |
| county after the adoption of a resolution by the county board | 17 |
| providing for the submission of the question to the electors of | 18 |
| the county to authorize use and occupation taxes of 1/10 of one | 19 |
| cent: | 20 |
| Shall use and occupation taxes be raised for stormwater | 21 |
| management purposes (for a period of not more than ..... | 22 |
| years) at a rate of 1/10 of one cent for taxable goods in | 23 |
| Peoria County? | 24 |
| Votes shall be recorded as Yes or No. | 25 |
| (j) If the county adopts a property tax in accordance with | 26 |
| the provisions in this Section, the stormwater management |
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| committee shall offer property tax abatements or incentive | 2 |
| payments to property owners who construct, maintain, and use | 3 |
| approved stormwater management devices. If the county adopts | 4 |
| use and occupation taxes in accordance with the provisions of | 5 |
| this Section, the stormwater management committee may offer tax | 6 |
| rebates or incentive payments to property owners who construct, | 7 |
| maintain, and use approved stormwater management devices.
The | 8 |
| stormwater management committee is authorized to offer credits | 9 |
| to the property tax, if applicable, based on authorized | 10 |
| practices consistent with the stormwater management plan and | 11 |
| approved by the committee. Expenses of staff of a stormwater | 12 |
| management committee that are expended on regulatory project | 13 |
| review may be no more than 20% of the annual budget of the | 14 |
| committee, including funds raised under subsections (h) and | 15 |
| (i). | 16 |
| (k) If the county has adopted a county stormwater | 17 |
| management plan under this Section it may, after 10 days | 18 |
| written notice receiving consent of the owner or occupant, | 19 |
| enter upon any lands or waters within the county for the | 20 |
| purpose of inspecting stormwater facilities or causing the | 21 |
| removal of any obstruction to an affected watercourse. If | 22 |
| consent is denied or cannot be reasonably obtained, the county | 23 |
| ordinance shall provide a process or procedure for an | 24 |
| administrative warrant to be obtained. The county shall be | 25 |
| responsible for any damages occasioned thereby. | 26 |
| (l) Upon petition of the municipality, and based on a |
|
|
|
09500SB2033ham002 |
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| finding of the stormwater management planning committee, the | 2 |
| county shall not enforce rules and regulations adopted by the | 3 |
| county in any municipality located wholly or partly within the | 4 |
| county that has a municipal stormwater management ordinance | 5 |
| that is consistent with and at least as stringent as the county | 6 |
| plan and ordinance, and is being enforced by the municipal | 7 |
| authorities. On issues that the county ordinance is more | 8 |
| stringent as deemed by the committee, the county shall only | 9 |
| enforce rules and regulations adopted by the county on the more | 10 |
| stringent issues and accept municipal permits. The county shall | 11 |
| have no more than 60 days to review permits or the permits | 12 |
| shall be deemed approved. | 13 |
| (m) The county may issue general obligation bonds for | 14 |
| implementing any stormwater plan adopted under this Section in | 15 |
| the manner prescribed in Section 5-1012; except that the | 16 |
| referendum requirement of Section 5-1012 does not apply to | 17 |
| bonds issued pursuant to this Section on which the principal | 18 |
| and interest are to be paid entirely out of funds generated by | 19 |
| the taxes and fees authorized by this Section. | 20 |
| (n) The powers authorized by this Section may be | 21 |
| implemented by the county board for a portion of the county | 22 |
| subject to similar stormwater management needs. | 23 |
| (o) The powers and taxes authorized by this Section are in | 24 |
| addition to the powers and taxes authorized by Division 5-15; | 25 |
| in exercising its powers under this Section, a county shall not | 26 |
| be subject to the restrictions and requirements of that |
|
|
|
09500SB2033ham002 |
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| Division. | 2 |
| (p) A home rule municipality may opt out of this Section by | 3 |
| a majority vote of that municipality's governing body. | 4 |
| (q) Notwithstanding any other rulemaking authority that | 5 |
| may exist, neither the Governor nor any agency or agency head | 6 |
| under the jurisdiction of the Governor has any authority to | 7 |
| make or promulgate rules to implement or enforce the provisions | 8 |
| of this amendatory Act of the 95th General Assembly. If, | 9 |
| however, the Governor believes that rules are necessary to | 10 |
| implement or enforce the provisions of this amendatory Act of | 11 |
| the 95th General Assembly, the Governor may suggest rules to | 12 |
| the General Assembly by filing them with the Clerk of the House | 13 |
| and Secretary of the Senate and by requesting that the General | 14 |
| Assembly authorize such rulemaking by law, enact those | 15 |
| suggested rules into law, or take any other appropriate action | 16 |
| in the General Assembly's discretion. Nothing contained in this | 17 |
| amendatory Act of the 95th General Assembly shall be | 18 |
| interpreted to grant rulemaking authority under any other | 19 |
| Illinois statute where such authority is not otherwise | 20 |
| explicitly given. For the purposes of this amendatory Act of | 21 |
| the 95th General Assembly, "rules" is given the meaning | 22 |
| contained in Section 1-70 of the Illinois Administrative | 23 |
| Procedure Act, and "agency" and "agency head" are given the | 24 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 25 |
| Administrative Procedure Act to the extent that such | 26 |
| definitions apply to agencies or agency heads under the |
|
|
|
09500SB2033ham002 |
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| jurisdiction of the Governor. | 2 |
| Section 65. The County Economic Development Project Area | 3 |
| Property Tax Allocation Act is amended by changing Sections 4 | 4 |
| and 5 as follows:
| 5 |
| (55 ILCS 85/4) (from Ch. 34, par. 7004)
| 6 |
| Sec. 4. Establishment of economic development project | 7 |
| area;
ordinance; joint review board; notice; hearing; changes | 8 |
| in economic
development plan; annual reporting requirements. | 9 |
| Economic development
project areas shall be established as | 10 |
| follows:
| 11 |
| (a)
The corporate authorities of Whiteside County may by | 12 |
| ordinance propose the establishment of an economic
development | 13 |
| project area and fix a time and place for a public hearing, and
| 14 |
| shall submit a certified copy of the ordinance as adopted to | 15 |
| the Department.
| 16 |
| (a-5) After the effective date of this amendatory Act of | 17 |
| the 93rd General Assembly, the corporate authorities of | 18 |
| Stephenson County may by ordinance propose the establishment of | 19 |
| an economic development project area and fix a time and place | 20 |
| for a public hearing, and shall submit a certified copy of the | 21 |
| ordinance as adopted to the Department.
| 22 |
| (a-10) The corporate authorities of Grundy County may, by | 23 |
| ordinance, propose the establishment of an economic | 24 |
| development project and fix a time and place for a public |
|
|
|
09500SB2033ham002 |
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| hearing. Upon passage of the ordinance, the corporate | 2 |
| authorities of Grundy County shall submit a certified copy of | 3 |
| the ordinance, as adopted, to the Department.
| 4 |
| (a-15) The corporate authorities of Peoria County may, by | 5 |
| ordinance, propose the establishment of an economic | 6 |
| development project and fix a time and place for a public | 7 |
| hearing. Upon passage of the ordinance, the corporate | 8 |
| authorities of Peoria County shall submit a certified copy of | 9 |
| the ordinance, as adopted, to the Department. | 10 |
| (b) Any county which adopts an ordinance which fixes a | 11 |
| date, time and
place for a public hearing shall convene a joint | 12 |
| review board as
hereinafter provided. Not less than 45 days | 13 |
| prior to the date fixed for
the public hearing, the county | 14 |
| shall give notice by mailing to the chief
executive officer of | 15 |
| each affected taxing district having taxable property
included | 16 |
| in the proposed economic development project area and, if the | 17 |
| ordinance is adopted by Stephenson County, the chief executive | 18 |
| officer of any municipality within Stephenson County having a | 19 |
| population of more than 20,000 that such chief
executive | 20 |
| officer or his designee is invited to participate in a joint
| 21 |
| review board. The designee shall serve at the discretion of the | 22 |
| chief
executive officer of the taxing district for a term not | 23 |
| to exceed 2 years.
Such notice shall advise each chief | 24 |
| executive officer of the date, time and
place of the first | 25 |
| meeting of such joint review board, which shall occur
not less | 26 |
| than 30 days prior to the date of the public hearing. Such |
|
|
|
09500SB2033ham002 |
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| notice
by mail shall be given by depositing such notice in the | 2 |
| United States
Postal Service by certified mail.
| 3 |
| At or prior to the first meeting of such joint review board | 4 |
| the county
shall furnish to any member of such joint review | 5 |
| board copies of the
proposed economic development plan and any | 6 |
| related documents which such
member shall reasonably request. A | 7 |
| majority of the members of such joint
review board present at | 8 |
| any meeting shall constitute a quorum. Additional
meetings may | 9 |
| be called by any member of a joint review board upon the
giving | 10 |
| of notice not less than 72 hours prior to the date of any | 11 |
| additional
meeting to all members of the joint review board. | 12 |
| The joint review board
shall review such information and | 13 |
| material as its members reasonably deem
relevant to the | 14 |
| county's proposals to approve economic development plans
and | 15 |
| economic development projects and to designate economic | 16 |
| development
project areas. The county shall provide such | 17 |
| information and material
promptly upon the request of the joint | 18 |
| review board and may also provide
administrative support and | 19 |
| facilities as the joint review board may
reasonably require.
| 20 |
| Within 30 days of its first meeting, a joint review board | 21 |
| shall provide
the county with a written report of its review of | 22 |
| any proposal to approve
an economic development plan and | 23 |
| economic development project and to
designate an economic | 24 |
| development project area. Such written report shall
include | 25 |
| such information and advisory, nonbinding recommendations as a
| 26 |
| majority of the members of the joint review board shall deem |
|
|
|
09500SB2033ham002 |
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| relevant.
Written reports of joint review boards may include | 2 |
| information and
advisory, nonbinding recommendations provided | 3 |
| by a minority of the members
thereof. Any joint review board | 4 |
| which does not provide such written report
within such 30-day | 5 |
| period shall be deemed to have recommended that the
county | 6 |
| proceed with a proposal to approve an economic development plan | 7 |
| and
economic development project and to designate an economic | 8 |
| development
project area.
| 9 |
| (c) Notice of the public hearing shall be given by | 10 |
| publication and
mailing.
| 11 |
| (1) Notice by publication shall be given by publication | 12 |
| at least
twice, the first publication to be not more than | 13 |
| 30 nor less than 10 days
prior to the hearing in a | 14 |
| newspaper of general circulation within the
taxing | 15 |
| districts having property in the proposed economic | 16 |
| development
project area. Notice by mailing shall be given | 17 |
| by depositing such notice
together with a copy of the | 18 |
| proposed economic development plan in the
United States | 19 |
| Postal Service by certified mail addressed to the person or
| 20 |
| persons in whose name the general taxes for the last | 21 |
| preceding year were
paid on each lot, block, tract, or | 22 |
| parcel of land lying within the proposed
economic | 23 |
| development project area. The notice shall be mailed not | 24 |
| less
than 10 days prior to the dates set for the public | 25 |
| hearing. In the event
taxes for the last preceding year | 26 |
| were not paid, the notice shall also be
sent to the persons |
|
|
|
09500SB2033ham002 |
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| last listed on the tax rolls within the preceding 3
years | 2 |
| as the owners of the property.
| 3 |
| (2) The notices issued pursuant to this Section shall | 4 |
| include the
following:
| 5 |
| (A) The time and place of public hearing;
| 6 |
| (B) The boundaries of the proposed economic | 7 |
| development project area
by legal description and by | 8 |
| street location where possible;
| 9 |
| (C) A notification that all interested persons | 10 |
| will be given an
opportunity to be heard at the public | 11 |
| hearing;
| 12 |
| (D) An invitation for any person to submit | 13 |
| alternative proposals or bids
for any proposed | 14 |
| conveyance, lease, mortgage or other disposition of | 15 |
| land
within the proposed economic development project | 16 |
| area;
| 17 |
| (E) A description of the economic development plan | 18 |
| or economic
development project if a plan or project is | 19 |
| a subject matter of the
hearing; and
| 20 |
| (F) Such other matters as the county may deem | 21 |
| appropriate.
| 22 |
| (3) Not less than 45 days prior to the date set for | 23 |
| hearing, the county
shall give notice by mail as provided | 24 |
| in this subsection (c) to all taxing
districts of which | 25 |
| taxable property is included in the economic development
| 26 |
| project area, and to the Department. In addition to the |
|
|
|
09500SB2033ham002 |
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| other requirements
under this subsection (c), the notice | 2 |
| shall include an invitation to the
Department and each | 3 |
| taxing district to submit comments to the county
concerning | 4 |
| the subject matter of the hearing prior to the date of the | 5 |
| hearing.
| 6 |
| (d) At the public hearing any interested person, the | 7 |
| Department or any
affected taxing district may file written | 8 |
| objections with the county clerk
and may be heard orally with | 9 |
| respect to any issues embodied in the notice.
The county shall | 10 |
| hear and determine all alternate proposals or bids for any
| 11 |
| proposed conveyance, lease, mortgage or other disposition of | 12 |
| land and all
protests and objections at the hearing, and the | 13 |
| hearing may be adjourned to
another date without further notice | 14 |
| other than a motion to be entered upon
the minutes fixing the | 15 |
| time and place of the adjourned hearing. Public
hearings with | 16 |
| regard to an economic development plan, economic development
| 17 |
| project area, or economic development project may be held | 18 |
| simultaneously.
| 19 |
| (e) At the public hearing, or at any time prior to the | 20 |
| adoption by the
county of an ordinance approving an economic | 21 |
| development plan, the county
may make changes in the economic | 22 |
| development plan. Changes which (1) alter
the exterior | 23 |
| boundaries of the proposed economic development project area,
| 24 |
| (2) substantially affect the general land uses established in | 25 |
| the proposed
economic development plan, (3) substantially | 26 |
| change the nature of the
proposed economic development plan, |
|
|
|
09500SB2033ham002 |
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| (4) change the general description
of any proposed developer, | 2 |
| user or tenant of any property to be located or
improved within | 3 |
| the economic development project area, or (5) change the
| 4 |
| description of the type, class and number of employees to be | 5 |
| employed in
the operation of the facilities to be developed or | 6 |
| improved within the
economic development project area shall be | 7 |
| made only after review by joint
review board, notice and | 8 |
| hearing pursuant to the procedures set forth in
this Section. | 9 |
| Changes which do not (1) alter the exterior boundaries of a
| 10 |
| proposed economic development project area, (2) substantially | 11 |
| affect the
general land uses established in the proposed plan, | 12 |
| (3) substantially
change the nature of the proposed economic | 13 |
| development plan, (4) change the
general description of any | 14 |
| proposed developer, user or tenant of any
property to be | 15 |
| located or improved within the economic development project
| 16 |
| area, or (5) change the description of the type, class and | 17 |
| number of
employees to be employed in the operation of the | 18 |
| facilities to be developed
or improved within the economic | 19 |
| development project area may be made
without further notice or | 20 |
| hearing, provided that the county shall give
notice of its | 21 |
| changes by mail to the Department and to each affected taxing
| 22 |
| district and by publication in a newspaper or newspapers of | 23 |
| general
circulation with the affected taxing districts. Such | 24 |
| notice by mail and by
publication shall each occur not later | 25 |
| than 10 days following the adoption
by ordinance of such | 26 |
| changes.
|
|
|
|
09500SB2033ham002 |
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| (f) At any time within 90 days of the final adjournment
of | 2 |
| the public hearing, a county may, by ordinance, approve the | 3 |
| economic
development plan, establish the economic development | 4 |
| project area, and
authorize property tax allocation financing | 5 |
| for such economic development
project area. | 6 |
| Any ordinance adopted by Whiteside County which approves | 7 |
| the economic
development plan shall contain findings that the | 8 |
| economic development
project is reasonably expected to create | 9 |
| or retain not less than 500
full-time equivalent jobs, that | 10 |
| private investment in an amount not less
than $25,000,000 is | 11 |
| reasonably expected to occur in the
economic
development | 12 |
| project area, that the economic development project will
| 13 |
| encourage the increase of commerce and industry within the | 14 |
| State, thereby
reducing the evils attendant upon unemployment | 15 |
| and increasing opportunities
for personal income, and that the | 16 |
| economic development project will
increase or maintain the | 17 |
| property, sales and income tax bases of the county
and of the | 18 |
| State.
| 19 |
| Any ordinance adopted by Grundy County that approves the | 20 |
| economic
development plan shall contain findings that the | 21 |
| economic development
project is reasonably expected to create | 22 |
| or retain not less than 250
full-time equivalent jobs, that | 23 |
| private investment in an amount not less
than $50,000,000 is | 24 |
| reasonably expected to occur in the
economic
development | 25 |
| project area, that the economic development project will
| 26 |
| encourage the increase of commerce and industry within the |
|
|
|
09500SB2033ham002 |
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| State, thereby
reducing the evils attendant upon unemployment | 2 |
| and increasing opportunities
for personal income, and that the | 3 |
| economic development project will
increase or maintain the | 4 |
| property, sales, and income tax bases of the county
and of the | 5 |
| State.
| 6 |
| Any ordinance adopted by Stephenson County that approves an | 7 |
| economic development plan shall contain findings that (i) the | 8 |
| economic development project is reasonably expected to create | 9 |
| or retain not less than 500 full-time equivalent jobs; (ii) | 10 |
| private investment in an amount not less than $10,000,000 is | 11 |
| reasonably expected to occur in the economic development area; | 12 |
| (iii) the economic development project will encourage the | 13 |
| increase of commerce and industry within the State, thereby | 14 |
| reducing the evils attendant upon unemployment and increasing | 15 |
| opportunities for personal income; and (iv) the economic | 16 |
| development project will increase or maintain the property, | 17 |
| sales, and income tax bases of the county and of the State. | 18 |
| Before the economic development project area is established by | 19 |
| Stephenson County, the following additional conditions must be | 20 |
| included in an intergovernmental agreement approved by both the | 21 |
| Stephenson County Board and the corporate authorities of the | 22 |
| City of Freeport: (i) the corporate authorities of the City of | 23 |
| Freeport must concur by resolution with the findings of | 24 |
| Stephenson County; (ii) both the corporate authorities of the | 25 |
| City of Freeport and the Stephenson County Board shall approve | 26 |
| any and all economic or redevelopment agreements and incentives |
|
|
|
09500SB2033ham002 |
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| for any economic development project within the economic | 2 |
| development area; (iii) any economic development project that | 3 |
| receives funds under this Act, except for any economic | 4 |
| development project specifically excluded from annexation in | 5 |
| the provisions of the intergovernmental agreement, shall agree | 6 |
| to and must enter into an annexation agreement with the City of | 7 |
| Freeport to annex property included in the economic development | 8 |
| project area to the City of Freeport at the first point in time | 9 |
| that the property becomes contiguous to the City of Freeport; | 10 |
| (iv) the local share of all State occupation and use taxes | 11 |
| allocable to the City of Freeport and Stephenson County and | 12 |
| derived from commercial projects within the economic | 13 |
| development project area shall be equally shared by and between | 14 |
| the City of Freeport and Stephenson County for the duration of | 15 |
| the economic development project; and (v) any development in | 16 |
| the economic development project area shall be built in | 17 |
| accordance with the building and related codes of both the City | 18 |
| of Freeport and Stephenson County and the City of Freeport | 19 |
| shall approve all provisions for water and sewer service.
| 20 |
| Any ordinance adopted by Peoria County that approves an | 21 |
| economic development plan shall contain findings that (i) the | 22 |
| economic development project is reasonably expected to create | 23 |
| or retain not less than 250 full-time equivalent jobs; (ii) | 24 |
| private investment in an amount not less than $15,000,000 is | 25 |
| reasonably expected to occur in the economic development | 26 |
| project area; (iii) the economic development project will |
|
|
|
09500SB2033ham002 |
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| encourage the increase of commerce and industry within the | 2 |
| State, thereby reducing the evils attendant upon unemployment | 3 |
| and increasing opportunities for personal income; and (iv) the | 4 |
| economic development project will increase or maintain the | 5 |
| property, sales, and income tax bases of the county and of the | 6 |
| State. | 7 |
| The ordinance shall also state that the economic | 8 |
| development project area
shall not include parcels to be used | 9 |
| for purposes of residential
development.
Any ordinance adopted | 10 |
| which establishes an economic
development project area shall | 11 |
| contain the boundaries of such area by legal
description and, | 12 |
| where possible, by street location. Any ordinance adopted
which | 13 |
| authorizes property tax allocation financing shall provide | 14 |
| that the
ad valorem taxes, if any, arising from the levies upon | 15 |
| taxable real
property in such economic development project area | 16 |
| by taxing districts and
tax rates determined in the manner | 17 |
| provided in subsection (b) of Section 6
of this Act each year | 18 |
| after the effective date of the ordinance until
economic | 19 |
| development project costs and all county obligations financing
| 20 |
| economic development project costs incurred under this Act have | 21 |
| been paid
shall be divided as follows:
| 22 |
| (1) That portion of taxes levied upon each taxable lot, | 23 |
| block, tract or
parcel of real property which is | 24 |
| attributable to the lower of the current
equalized assessed | 25 |
| value or the initial equalized assessed value of each
such | 26 |
| taxable lot, block, tract or parcel of real property in the |
|
|
|
09500SB2033ham002 |
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| economic
development project area shall be allocated to, | 2 |
| and when collected, shall
be paid by the county collector | 3 |
| to the respective affected taxing districts
in the manner | 4 |
| required by law in the absence of the adoption of property | 5 |
| tax
allocation financing.
| 6 |
| (2) That portion, if any, of such taxes which is | 7 |
| attributable to the
increase in the current equalized | 8 |
| assessed valuation of each taxable lot,
block, tract or | 9 |
| parcel of real property in the economic development project
| 10 |
| area over and above the initial equalized assessed value of | 11 |
| each property
in the economic development project area | 12 |
| shall be allocated to and when
collected shall be paid to | 13 |
| the county treasurer who shall deposit those
taxes into a | 14 |
| special fund called the special tax allocation fund of the
| 15 |
| county for the purpose of paying economic development | 16 |
| project costs and
obligations incurred in the payment | 17 |
| thereof.
| 18 |
| (g) After a county has by ordinance approved an economic | 19 |
| development plan
and established an economic development | 20 |
| project area, the plan may be
amended and the boundaries of the | 21 |
| area may be altered only as herein
provided. Amendments which | 22 |
| (1) alter the exterior boundaries of an
economic development | 23 |
| project area, (2) substantially affect the general
land uses | 24 |
| established pursuant to the economic development plan, (3)
| 25 |
| substantially change the nature of the economic development | 26 |
| plan, (4)
change the general description of any proposed |
|
|
|
09500SB2033ham002 |
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| developer, user, or tenant
of any property to be located or | 2 |
| improved within the economic development
project area, or (5) | 3 |
| change the description of the type, class and number
of | 4 |
| employees to be employed in the operation of the facilities to | 5 |
| be
developed or improved shall be made only after review by a | 6 |
| joint review
board, notice and hearing pursuant to the | 7 |
| procedures set forth in this
Section. Amendments which do not | 8 |
| (1) alter the exterior boundaries of an
economic development | 9 |
| project area, (2) substantially affect the general
land uses | 10 |
| established in the economic development plan, (3) | 11 |
| substantially
change the nature of the economic development | 12 |
| plan, (4) change the
description of any proposed developer, | 13 |
| user, or tenant of any property to
be located or improved | 14 |
| within the economic development project area, or (5)
change the | 15 |
| description of the type, class and number of employees to be
| 16 |
| employed in the operation of the facilities to be developed or | 17 |
| improved
within the economic development project area may be | 18 |
| made without further
hearing or notice, provided that the | 19 |
| county shall give notice of any
amendment by mail to the | 20 |
| Department and to each taxing district and by
publication in a | 21 |
| newspaper or newspapers of general circulation within the
| 22 |
| affected taxing districts. Such notices by mail and by | 23 |
| publication shall
each occur not later than 10 days following | 24 |
| the adoption by ordinance of
such amendments.
| 25 |
| (h) After the adoption of an ordinance adopting property | 26 |
| tax allocation
financing for an economic development project |
|
|
|
09500SB2033ham002 |
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| area, the county
shall annually report to each taxing district | 2 |
| having taxable property
within such economic development | 3 |
| project area (i) any increase or decrease
in the equalized | 4 |
| assessed value of the real property located within such
| 5 |
| economic development project area above or below the initial | 6 |
| equalized
assessed value of such real property, (ii) that | 7 |
| portion, if any, of the ad
valorem taxes arising from the | 8 |
| levies upon taxable real property in such
economic development | 9 |
| project area by the taxing districts which is
attributable to | 10 |
| the increase in the current equalized assessed valuation of
| 11 |
| each lot, block, tract or parcel of real property in the | 12 |
| economic
development project area over and above the initial | 13 |
| equalized value of each
property and which has been allocated | 14 |
| to the county in the current year,
and (iii) such other | 15 |
| information as the county may deem relevant.
| 16 |
| (i) The county shall give notice by mail as provided in | 17 |
| this Section and
shall reconvene the joint review board not | 18 |
| less than annually for each of
the 2 years following its | 19 |
| adoption of an ordinance adopting property tax
allocation | 20 |
| financing for an economic development project area and not less
| 21 |
| than once in each 3-year period thereafter. The county shall | 22 |
| provide such
information, and may provide administrative | 23 |
| support and facilities as the
joint review board may reasonably | 24 |
| require for each of such meetings. | 25 |
| (j) Notwithstanding any other rulemaking authority that | 26 |
| may exist, neither the Governor nor any agency or agency head |
|
|
|
09500SB2033ham002 |
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| under the jurisdiction of the Governor has any authority to | 2 |
| make or promulgate rules to implement or enforce the provisions | 3 |
| of this amendatory Act of the 95th General Assembly. If, | 4 |
| however, the Governor believes that rules are necessary to | 5 |
| implement or enforce the provisions of this amendatory Act of | 6 |
| the 95th General Assembly, the Governor may suggest rules to | 7 |
| the General Assembly by filing them with the Clerk of the House | 8 |
| and Secretary of the Senate and by requesting that the General | 9 |
| Assembly authorize such rulemaking by law, enact those | 10 |
| suggested rules into law, or take any other appropriate action | 11 |
| in the General Assembly's discretion. Nothing contained in this | 12 |
| amendatory Act of the 95th General Assembly shall be | 13 |
| interpreted to grant rulemaking authority under any other | 14 |
| Illinois statute where such authority is not otherwise | 15 |
| explicitly given. For the purposes of this amendatory Act of | 16 |
| the 95th General Assembly, "rules" is given the meaning | 17 |
| contained in Section 1-70 of the Illinois Administrative | 18 |
| Procedure Act, and "agency" and "agency head" are given the | 19 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 20 |
| Administrative Procedure Act to the extent that such | 21 |
| definitions apply to agencies or agency heads under the | 22 |
| jurisdiction of the Governor.
| 23 |
| (Source: P.A. 93-959, eff. 8-20-04; 94-259, eff. 1-1-06.)
| 24 |
| (55 ILCS 85/5) (from Ch. 34, par. 7005)
| 25 |
| Sec. 5. Submission to Department; certification by |
|
|
|
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| Department.
| 2 |
| (a) The county shall submit certified copies of any | 3 |
| ordinances adopted
approving a proposed economic development | 4 |
| plan, establishing an economic
development project area, and | 5 |
| authorizing tax increment allocation
financing to the | 6 |
| Department, together with (1) a map of the economic
development | 7 |
| project area, (2) a copy of the economic development plan as
| 8 |
| approved, (3) an analysis, and any supporting documents and | 9 |
| statistics,
demonstrating (i) that the economic development | 10 |
| project is reasonably expected
to create or retain not less | 11 |
| than 500 full-time equivalent jobs
and (ii) that
private | 12 |
| investment in the amount of not less than $25,000,000 for all | 13 |
| ordinances adopted by Whiteside County , and in the amount of | 14 |
| not less than $10,000,000 for any ordinance adopted by | 15 |
| Stephenson County , and in the amount of not less than | 16 |
| $15,000,000 for any ordinance adopted by Peoria County is | 17 |
| reasonably
expected to occur in the economic development | 18 |
| project area, (4) an estimate
of the economic impact of the | 19 |
| economic development plan and the use of
property tax | 20 |
| allocation financing upon the revenues of the county and the
| 21 |
| affected taxing districts, (5) a record of all public hearings | 22 |
| held in
connection with the establishment of the economic | 23 |
| development project area,
and (6) such other information as the | 24 |
| Department by regulation may require.
| 25 |
| (b) Upon receipt of an application from a county the | 26 |
| Department shall
review the application to determine whether |
|
|
|
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LRB095 18793 RLJ 51355 a |
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| 1 |
| the economic development
project area qualifies as an economic | 2 |
| development project area under this
Act. At its discretion, the | 3 |
| Department may accept or reject the application
or may request | 4 |
| such additional information as it deems necessary or
advisable | 5 |
| to aid its review. If any such area is found to be qualified to
| 6 |
| be an economic development project area, the Department shall | 7 |
| approve and
certify such economic development project area and | 8 |
| shall provide written
notice of its approval and certification | 9 |
| to the county and to the county
clerk. In determining whether | 10 |
| an economic development project area shall be
approved and | 11 |
| certified, the Department shall consider (1) whether, without
| 12 |
| public intervention, the State would suffer substantial | 13 |
| economic
dislocation, such as relocation of a commercial | 14 |
| business or industrial or
manufacturing facility to another | 15 |
| state, territory or country, or would not
otherwise benefit | 16 |
| from private investment offering substantial employment
| 17 |
| opportunities and economic growth, and (2) the impact on the | 18 |
| revenues of
the county and the affected taxing districts of the | 19 |
| use of tax increment
allocation financing in connection with | 20 |
| the economic development project.
| 21 |
| (c) On or before July 1, 2007, the Department shall submit | 22 |
| to
the
General Assembly a report detailing the number of | 23 |
| economic development
project areas it has approved and | 24 |
| certified, the number and type of jobs
created or retained | 25 |
| therein, the aggregate amount of private investment
therein, | 26 |
| the impact in the revenues of counties and affected taxing
|
|
|
|
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| districts of the use of property tax allocation financing | 2 |
| therein, and such
additional information as the Department may | 3 |
| determine to be relevant. On
July 1, 2009 2008 the authority | 4 |
| granted hereunder to counties to
establish
economic | 5 |
| development project areas and to adopt property tax allocation
| 6 |
| financing in connection therewith and to the Department to | 7 |
| approve and
certify economic development project areas shall | 8 |
| expire unless the General
Assembly shall have authorized | 9 |
| counties and the Department to continue to
exercise the powers | 10 |
| granted to them under this Act. | 11 |
| (d) Notwithstanding any other rulemaking authority that | 12 |
| may exist, neither the Governor nor any agency or agency head | 13 |
| under the jurisdiction of the Governor has any authority to | 14 |
| make or promulgate rules to implement or enforce the provisions | 15 |
| of this amendatory Act of the 95th General Assembly. If, | 16 |
| however, the Governor believes that rules are necessary to | 17 |
| implement or enforce the provisions of this amendatory Act of | 18 |
| the 95th General Assembly, the Governor may suggest rules to | 19 |
| the General Assembly by filing them with the Clerk of the House | 20 |
| and Secretary of the Senate and by requesting that the General | 21 |
| Assembly authorize such rulemaking by law, enact those | 22 |
| suggested rules into law, or take any other appropriate action | 23 |
| in the General Assembly's discretion. Nothing contained in this | 24 |
| amendatory Act of the 95th General Assembly shall be | 25 |
| interpreted to grant rulemaking authority under any other | 26 |
| Illinois statute where such authority is not otherwise |
|
|
|
09500SB2033ham002 |
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LRB095 18793 RLJ 51355 a |
|
| 1 |
| explicitly given. For the purposes of this amendatory Act of | 2 |
| the 95th General Assembly, "rules" is given the meaning | 3 |
| contained in Section 1-70 of the Illinois Administrative | 4 |
| Procedure Act, and "agency" and "agency head" are given the | 5 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 6 |
| Administrative Procedure Act to the extent that such | 7 |
| definitions apply to agencies or agency heads under the | 8 |
| jurisdiction of the Governor.
| 9 |
| (Source: P.A. 92-791, eff. 8-6-02; 93-959, eff. 8-20-04.)
| 10 |
| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.".
|
|