Full Text of HB2563 97th General Assembly
HB2563ham001 97TH GENERAL ASSEMBLY | Rep. Tom Cross Filed: 4/11/2011
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| 1 | | AMENDMENT TO HOUSE BILL 2563
| 2 | | AMENDMENT NO. ______. Amend House Bill 2563 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The County Economic Development Project Area | 5 | | Property
Tax Allocation Act is amended by changing Section 4 as | 6 | | follows: | 7 | | (55 ILCS 85/4) (from Ch. 34, par. 7004) | 8 | | Sec. 4. Establishment of economic development project | 9 | | area;
ordinance; joint review board; notice; hearing; changes | 10 | | in economic
development plan; annual reporting requirements. | 11 | | Economic development
project areas shall be established as | 12 | | follows: | 13 | | (a)
The corporate authorities of Whiteside County may by | 14 | | ordinance propose the establishment of an economic
development | 15 | | project area and fix a time and place for a public hearing, and
| 16 | | shall submit a certified copy of the ordinance as adopted to |
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| 1 | | the Department. | 2 | | (a-5) After the effective date of this amendatory Act of | 3 | | the 93rd General Assembly, the corporate authorities of | 4 | | Stephenson County may by ordinance propose the establishment of | 5 | | an economic development project area and fix a time and place | 6 | | for a public hearing, and shall submit a certified copy of the | 7 | | ordinance as adopted to the Department.
| 8 | | (a-10) The corporate authorities of Grundy County may, by | 9 | | ordinance, propose the establishment of an economic | 10 | | development project and fix a time and place for a public | 11 | | hearing. Upon passage of the ordinance, the corporate | 12 | | authorities of Grundy County shall submit a certified copy of | 13 | | the ordinance, as adopted, to the Department.
| 14 | | (a-15) For a period of 2 years beginning on the effective | 15 | | date of this amendatory Act of the 96th General Assembly, the | 16 | | corporate authorities of Grundy County may, by ordinance, | 17 | | propose the establishment of an economic development project | 18 | | and fix a time and place for a public hearing. Upon passage of | 19 | | the ordinance, the corporate authorities of Grundy County shall | 20 | | submit a certified copy of the ordinance, as adopted, to the | 21 | | Department. | 22 | | (a-20) After the effective date of this amendatory Act of | 23 | | the 97th General Assembly, the corporate authorities of Kendall | 24 | | County may, by ordinance, propose the establishment of an | 25 | | economic development project and fix a time and place for a | 26 | | public hearing. Upon passage of the ordinance, the corporate |
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| 1 | | authorities of Kendall County shall submit a certified copy of | 2 | | the ordinance, as adopted, to the Department. | 3 | | (b) Any county which adopts an ordinance which fixes a | 4 | | date, time and
place for a public hearing shall convene a joint | 5 | | review board as
hereinafter provided. Not less than 45 days | 6 | | prior to the date fixed for
the public hearing, the county | 7 | | shall give notice by mailing to the chief
executive officer of | 8 | | each affected taxing district having taxable property
included | 9 | | in the proposed economic development project area and, if the | 10 | | ordinance is adopted by Stephenson County, the chief executive | 11 | | officer of any municipality within Stephenson County having a | 12 | | population of more than 20,000 that such chief
executive | 13 | | officer or his designee is invited to participate in a joint
| 14 | | review board. The designee shall serve at the discretion of the | 15 | | chief
executive officer of the taxing district for a term not | 16 | | to exceed 2 years.
Such notice shall advise each chief | 17 | | executive officer of the date, time and
place of the first | 18 | | meeting of such joint review board, which shall occur
not less | 19 | | than 30 days prior to the date of the public hearing. Such | 20 | | notice
by mail shall be given by depositing such notice in the | 21 | | United States
Postal Service by certified mail. | 22 | | At or prior to the first meeting of such joint review board | 23 | | the county
shall furnish to any member of such joint review | 24 | | board copies of the
proposed economic development plan and any | 25 | | related documents which such
member shall reasonably request. A | 26 | | majority of the members of such joint
review board present at |
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| 1 | | any meeting shall constitute a quorum. Additional
meetings may | 2 | | be called by any member of a joint review board upon the
giving | 3 | | of notice not less than 72 hours prior to the date of any | 4 | | additional
meeting to all members of the joint review board. | 5 | | The joint review board
shall review such information and | 6 | | material as its members reasonably deem
relevant to the | 7 | | county's proposals to approve economic development plans
and | 8 | | economic development projects and to designate economic | 9 | | development
project areas. The county shall provide such | 10 | | information and material
promptly upon the request of the joint | 11 | | review board and may also provide
administrative support and | 12 | | facilities as the joint review board may
reasonably require. | 13 | | Within 30 days of its first meeting, a joint review board | 14 | | shall provide
the county with a written report of its review of | 15 | | any proposal to approve
an economic development plan and | 16 | | economic development project and to
designate an economic | 17 | | development project area. Such written report shall
include | 18 | | such information and advisory, nonbinding recommendations as a
| 19 | | majority of the members of the joint review board shall deem | 20 | | relevant.
Written reports of joint review boards may include | 21 | | information and
advisory, nonbinding recommendations provided | 22 | | by a minority of the members
thereof. Any joint review board | 23 | | which does not provide such written report
within such 30-day | 24 | | period shall be deemed to have recommended that the
county | 25 | | proceed with a proposal to approve an economic development plan | 26 | | and
economic development project and to designate an economic |
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| 1 | | development
project area. | 2 | | (c) Notice of the public hearing shall be given by | 3 | | publication and
mailing. | 4 | | (1) Notice by publication shall be given by publication | 5 | | at least
twice, the first publication to be not more than | 6 | | 30 nor less than 10 days
prior to the hearing in a | 7 | | newspaper of general circulation within the
taxing | 8 | | districts having property in the proposed economic | 9 | | development
project area. Notice by mailing shall be given | 10 | | by depositing such notice
together with a copy of the | 11 | | proposed economic development plan in the
United States | 12 | | Postal Service by certified mail addressed to the person or
| 13 | | persons in whose name the general taxes for the last | 14 | | preceding year were
paid on each lot, block, tract, or | 15 | | parcel of land lying within the proposed
economic | 16 | | development project area. The notice shall be mailed not | 17 | | less
than 10 days prior to the dates set for the public | 18 | | hearing. In the event
taxes for the last preceding year | 19 | | were not paid, the notice shall also be
sent to the persons | 20 | | last listed on the tax rolls within the preceding 3
years | 21 | | as the owners of the property. | 22 | | (2) The notices issued pursuant to this Section shall | 23 | | include the
following: | 24 | | (A) The time and place of public hearing; | 25 | | (B) The boundaries of the proposed economic | 26 | | development project area
by legal description and by |
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| 1 | | street location where possible; | 2 | | (C) A notification that all interested persons | 3 | | will be given an
opportunity to be heard at the public | 4 | | hearing; | 5 | | (D) An invitation for any person to submit | 6 | | alternative proposals or bids
for any proposed | 7 | | conveyance, lease, mortgage or other disposition of | 8 | | land
within the proposed economic development project | 9 | | area; | 10 | | (E) A description of the economic development plan | 11 | | or economic
development project if a plan or project is | 12 | | a subject matter of the
hearing; and | 13 | | (F) Such other matters as the county may deem | 14 | | appropriate. | 15 | | (3) Not less than 45 days prior to the date set for | 16 | | hearing, the county
shall give notice by mail as provided | 17 | | in this subsection (c) to all taxing
districts of which | 18 | | taxable property is included in the economic development
| 19 | | project area, and to the Department. In addition to the | 20 | | other requirements
under this subsection (c), the notice | 21 | | shall include an invitation to the
Department and each | 22 | | taxing district to submit comments to the county
concerning | 23 | | the subject matter of the hearing prior to the date of the | 24 | | hearing. | 25 | | (d) At the public hearing any interested person, the | 26 | | Department or any
affected taxing district may file written |
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| 1 | | objections with the county clerk
and may be heard orally with | 2 | | respect to any issues embodied in the notice.
The county shall | 3 | | hear and determine all alternate proposals or bids for any
| 4 | | proposed conveyance, lease, mortgage or other disposition of | 5 | | land and all
protests and objections at the hearing, and the | 6 | | hearing may be adjourned to
another date without further notice | 7 | | other than a motion to be entered upon
the minutes fixing the | 8 | | time and place of the adjourned hearing. Public
hearings with | 9 | | regard to an economic development plan, economic development
| 10 | | project area, or economic development project may be held | 11 | | simultaneously. | 12 | | (e) At the public hearing, or at any time prior to the | 13 | | adoption by the
county of an ordinance approving an economic | 14 | | development plan, the county
may make changes in the economic | 15 | | development plan. Changes which (1) alter
the exterior | 16 | | boundaries of the proposed economic development project area,
| 17 | | (2) substantially affect the general land uses established in | 18 | | the proposed
economic development plan, (3) substantially | 19 | | change the nature of the
proposed economic development plan, | 20 | | (4) change the general description
of any proposed developer, | 21 | | user or tenant of any property to be located or
improved within | 22 | | the economic development project area, or (5) change the
| 23 | | description of the type, class and number of employees to be | 24 | | employed in
the operation of the facilities to be developed or | 25 | | improved within the
economic development project area shall be | 26 | | made only after review by joint
review board, notice and |
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| 1 | | hearing pursuant to the procedures set forth in
this Section. | 2 | | Changes which do not (1) alter the exterior boundaries of a
| 3 | | proposed economic development project area, (2) substantially | 4 | | affect the
general land uses established in the proposed plan, | 5 | | (3) substantially
change the nature of the proposed economic | 6 | | development plan, (4) change the
general description of any | 7 | | proposed developer, user or tenant of any
property to be | 8 | | located or improved within the economic development project
| 9 | | area, or (5) change the description of the type, class and | 10 | | number of
employees to be employed in the operation of the | 11 | | facilities to be developed
or improved within the economic | 12 | | development project area may be made
without further notice or | 13 | | hearing, provided that the county shall give
notice of its | 14 | | changes by mail to the Department and to each affected taxing
| 15 | | district and by publication in a newspaper or newspapers of | 16 | | general
circulation with the affected taxing districts. Such | 17 | | notice by mail and by
publication shall each occur not later | 18 | | than 10 days following the adoption
by ordinance of such | 19 | | changes. | 20 | | (f) At any time within 90 days of the final adjournment
of | 21 | | the public hearing, a county may, by ordinance, approve the | 22 | | economic
development plan, establish the economic development | 23 | | project area, and
authorize property tax allocation financing | 24 | | for such economic development
project area. | 25 | | Any ordinance adopted by Whiteside County which approves | 26 | | the economic
development plan shall contain findings that the |
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| 1 | | economic development
project is reasonably expected to create | 2 | | or retain not less than 500
full-time equivalent jobs, that | 3 | | private investment in an amount not less
than $25,000,000 is | 4 | | reasonably expected to occur in the
economic
development | 5 | | project area, that the economic development project will
| 6 | | encourage the increase of commerce and industry within the | 7 | | State, thereby
reducing the evils attendant upon unemployment | 8 | | and increasing opportunities
for personal income, and that the | 9 | | economic development project will
increase or maintain the | 10 | | property, sales and income tax bases of the county
and of the | 11 | | State.
| 12 | | Any ordinance adopted by Grundy County that approves an | 13 | | economic
development plan shall contain findings that the | 14 | | economic development
project is reasonably expected to create | 15 | | or retain not less than 250
full-time equivalent jobs, that | 16 | | private investment in an amount not less
than $50,000,000 is | 17 | | reasonably expected to occur in the
economic
development | 18 | | project area, that the economic development project will
| 19 | | encourage the increase of commerce and industry within the | 20 | | State, thereby
reducing the evils attendant upon unemployment | 21 | | and increasing opportunities
for personal income, and that the | 22 | | economic development project will
increase or maintain the | 23 | | property, sales, and income tax bases of the county
and of the | 24 | | State.
| 25 | | Any ordinance adopted by Stephenson County that approves an | 26 | | economic development plan shall contain findings that (i) the |
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| 1 | | economic development project is reasonably expected to create | 2 | | or retain not less than 500 full-time equivalent jobs; (ii) | 3 | | private investment in an amount not less than $10,000,000 is | 4 | | reasonably expected to occur in the economic development area; | 5 | | (iii) the economic development project will encourage the | 6 | | increase of commerce and industry within the State, thereby | 7 | | reducing the evils attendant upon unemployment and increasing | 8 | | opportunities for personal income; and (iv) the economic | 9 | | development project will increase or maintain the property, | 10 | | sales, and income tax bases of the county and of the State. | 11 | | Before the economic development project area is established by | 12 | | Stephenson County, the following additional conditions must be | 13 | | included in an intergovernmental agreement approved by both the | 14 | | Stephenson County Board and the corporate authorities of the | 15 | | City of Freeport: (i) the corporate authorities of the City of | 16 | | Freeport must concur by resolution with the findings of | 17 | | Stephenson County; (ii) both the corporate authorities of the | 18 | | City of Freeport and the Stephenson County Board shall approve | 19 | | any and all economic or redevelopment agreements and incentives | 20 | | for any economic development project within the economic | 21 | | development area; (iii) any economic development project that | 22 | | receives funds under this Act, except for any economic | 23 | | development project specifically excluded from annexation in | 24 | | the provisions of the intergovernmental agreement, shall agree | 25 | | to and must enter into an annexation agreement with the City of | 26 | | Freeport to annex property included in the economic development |
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| 1 | | project area to the City of Freeport at the first point in time | 2 | | that the property becomes contiguous to the City of Freeport; | 3 | | (iv) the local share of all State occupation and use taxes | 4 | | allocable to the City of Freeport and Stephenson County and | 5 | | derived from commercial projects within the economic | 6 | | development project area shall be equally shared by and between | 7 | | the City of Freeport and Stephenson County for the duration of | 8 | | the economic development project; and (v) any development in | 9 | | the economic development project area shall be built in | 10 | | accordance with the building and related codes of both the City | 11 | | of Freeport and Stephenson County and the City of Freeport | 12 | | shall approve all provisions for water and sewer service.
| 13 | | Any ordinance adopted by Kendall County that approves an | 14 | | economic
development plan shall contain findings that the | 15 | | economic development
project is reasonably expected to create | 16 | | or retain not less than 250
full-time equivalent jobs, that | 17 | | private investment in an amount not less
than $50,000,000 is | 18 | | reasonably expected to occur in the
economic
development | 19 | | project area, that the economic development project will
| 20 | | encourage the increase of commerce and industry within the | 21 | | State, thereby
reducing the evils attendant upon unemployment | 22 | | and increasing opportunities
for personal income, and that the | 23 | | economic development project will
increase or maintain the | 24 | | property, sales, and income tax bases of the county
and of the | 25 | | State. | 26 | | The ordinance shall also state that the economic |
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| 1 | | development project area
shall not include parcels to be used | 2 | | for purposes of residential
development.
Any ordinance adopted | 3 | | which establishes an economic
development project area shall | 4 | | contain the boundaries of such area by legal
description and, | 5 | | where possible, by street location. Any ordinance adopted
which | 6 | | authorizes property tax allocation financing shall provide | 7 | | that the
ad valorem taxes, if any, arising from the levies upon | 8 | | taxable real
property in such economic development project area | 9 | | by taxing districts and
tax rates determined in the manner | 10 | | provided in subsection (b) of Section 6
of this Act each year | 11 | | after the effective date of the ordinance until
economic | 12 | | development project costs and all county obligations financing
| 13 | | economic development project costs incurred under this Act have | 14 | | been paid
shall be divided as follows: | 15 | | (1) That portion of taxes levied upon each taxable lot, | 16 | | block, tract or
parcel of real property which is | 17 | | attributable to the lower of the current
equalized assessed | 18 | | value or the initial equalized assessed value of each
such | 19 | | taxable lot, block, tract or parcel of real property in the | 20 | | economic
development project area shall be allocated to, | 21 | | and when collected, shall
be paid by the county collector | 22 | | to the respective affected taxing districts
in the manner | 23 | | required by law in the absence of the adoption of property | 24 | | tax
allocation financing. | 25 | | (2) That portion, if any, of such taxes which is | 26 | | attributable to the
increase in the current equalized |
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| 1 | | assessed valuation of each taxable lot,
block, tract or | 2 | | parcel of real property in the economic development project
| 3 | | area over and above the initial equalized assessed value of | 4 | | each property
in the economic development project area | 5 | | shall be allocated to and when
collected shall be paid to | 6 | | the county treasurer who shall deposit those
taxes into a | 7 | | special fund called the special tax allocation fund of the
| 8 | | county for the purpose of paying economic development | 9 | | project costs and
obligations incurred in the payment | 10 | | thereof. | 11 | | (g) After a county has by ordinance approved an economic | 12 | | development plan
and established an economic development | 13 | | project area, the plan may be
amended and the boundaries of the | 14 | | area may be altered only as herein
provided. Amendments which | 15 | | (1) alter the exterior boundaries of an
economic development | 16 | | project area, (2) substantially affect the general
land uses | 17 | | established pursuant to the economic development plan, (3)
| 18 | | substantially change the nature of the economic development | 19 | | plan, (4)
change the general description of any proposed | 20 | | developer, user, or tenant
of any property to be located or | 21 | | improved within the economic development
project area, or (5) | 22 | | change the description of the type, class and number
of | 23 | | employees to be employed in the operation of the facilities to | 24 | | be
developed or improved shall be made only after review by a | 25 | | joint review
board, notice and hearing pursuant to the | 26 | | procedures set forth in this
Section. Amendments which do not |
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| 1 | | (1) alter the exterior boundaries of an
economic development | 2 | | project area, (2) substantially affect the general
land uses | 3 | | established in the economic development plan, (3) | 4 | | substantially
change the nature of the economic development | 5 | | plan, (4) change the
description of any proposed developer, | 6 | | user, or tenant of any property to
be located or improved | 7 | | within the economic development project area, or (5)
change the | 8 | | description of the type, class and number of employees to be
| 9 | | employed in the operation of the facilities to be developed or | 10 | | improved
within the economic development project area may be | 11 | | made without further
hearing or notice, provided that the | 12 | | county shall give notice of any
amendment by mail to the | 13 | | Department and to each taxing district and by
publication in a | 14 | | newspaper or newspapers of general circulation within the
| 15 | | affected taxing districts. Such notices by mail and by | 16 | | publication shall
each occur not later than 10 days following | 17 | | the adoption by ordinance of
such amendments. | 18 | | (h) After the adoption of an ordinance adopting property | 19 | | tax allocation
financing for an economic development project | 20 | | area, the county
shall annually report to each taxing district | 21 | | having taxable property
within such economic development | 22 | | project area (i) any increase or decrease
in the equalized | 23 | | assessed value of the real property located within such
| 24 | | economic development project area above or below the initial | 25 | | equalized
assessed value of such real property, (ii) that | 26 | | portion, if any, of the ad
valorem taxes arising from the |
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| 1 | | levies upon taxable real property in such
economic development | 2 | | project area by the taxing districts which is
attributable to | 3 | | the increase in the current equalized assessed valuation of
| 4 | | each lot, block, tract or parcel of real property in the | 5 | | economic
development project area over and above the initial | 6 | | equalized value of each
property and which has been allocated | 7 | | to the county in the current year,
and (iii) such other | 8 | | information as the county may deem relevant. | 9 | | (i) The county shall give notice by mail as provided in | 10 | | this Section and
shall reconvene the joint review board not | 11 | | less than annually for each of
the 2 years following its | 12 | | adoption of an ordinance adopting property tax
allocation | 13 | | financing for an economic development project area and not less
| 14 | | than once in each 3-year period thereafter. The county shall | 15 | | provide such
information, and may provide administrative | 16 | | support and facilities as the
joint review board may reasonably | 17 | | require for each of such meetings. | 18 | | (Source: P.A. 96-1262, eff. 7-26-10.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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