Full Text of HB3998 96th General Assembly
HB3998enr 96TH GENERAL ASSEMBLY
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HB3998 Enrolled |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The County Economic Development Project Area | 5 |
| Property
Tax Allocation Act is amended by changing Sections 3, | 6 |
| 4, and 5 as follows: | 7 |
| (55 ILCS 85/3) (from Ch. 34, par. 7003) | 8 |
| Sec. 3. Definitions. In this Act, words or terms shall have | 9 |
| the
following meanings unless the context usage clearly | 10 |
| indicates that another
meaning is intended. | 11 |
| (a) "Department" means the Department of Commerce and | 12 |
| Economic Opportunity. | 13 |
| (b) "Economic development plan" means the written plan of a | 14 |
| county which
sets forth an economic development program for an | 15 |
| economic development
project area. Each economic development | 16 |
| plan shall include but not be
limited to (1) estimated economic | 17 |
| development project costs, (2) the
sources of funds to pay such | 18 |
| costs, (3) the nature and term of any
obligations to be issued | 19 |
| by the county to pay such costs, (4) the most
recent equalized | 20 |
| assessed valuation of the economic development project
area, | 21 |
| (5) an estimate of the equalized assessed valuation of the | 22 |
| economic
development project area after completion of the | 23 |
| economic development plan,
(6) the estimated date of completion |
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| of any economic development
project proposed to be undertaken, | 2 |
| (7) a general description of any
proposed developer, user, or | 3 |
| tenant of any property to be located or
improved within the | 4 |
| economic development project area, (8) a description of
the | 5 |
| type, structure and general character of the facilities to be | 6 |
| developed
or improved in the economic development project area, | 7 |
| (9) a description of
the general land uses to apply in the | 8 |
| economic development project area,
(10) a description of the | 9 |
| type, class and number of employees to be
employed in the | 10 |
| operation of the facilities to be developed or improved in
the | 11 |
| economic development project area and (11) a commitment by the | 12 |
| county
to fair employment practices and an affirmative action | 13 |
| plan with respect to
any economic development program to be | 14 |
| undertaken by the county. The economic development plan for an | 15 |
| economic development project area authorized by subsection | 16 |
| (a-15) of Section 4 of this Act must additionally include (1) | 17 |
| evidence indicating that the redevelopment project area on the | 18 |
| whole has not been subject to growth and development through | 19 |
| investment by private enterprise and is not reasonably expected | 20 |
| to be subject to such growth and development without the | 21 |
| assistance provided through the implementation of the economic | 22 |
| development plan and (2) evidence that portions of the economic | 23 |
| development project area have incurred Illinois Environmental | 24 |
| Protection Agency or United States Environmental Protection | 25 |
| Agency remediation costs for, or a study conducted by an | 26 |
| independent consultant recognized as having expertise in |
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| environmental remediation has determined a need for, the | 2 |
| clean-up of hazardous waste, hazardous substances, or | 3 |
| underground storage tanks required by State or federal law, | 4 |
| provided that the remediation costs constitute a material | 5 |
| impediment to the development or redevelopment of the project | 6 |
| area. | 7 |
| (c) "Economic development project" means any development | 8 |
| project in
furtherance of the objectives of this Act. | 9 |
| (d) "Economic development project area" means any improved | 10 |
| or vacant
area which is located within the corporate limits of | 11 |
| a county and which (1)
is within the unincorporated area of | 12 |
| such county, or, with the consent of
any affected municipality, | 13 |
| is located partially within the unincorporated
area of such | 14 |
| county and partially within one or more municipalities, (2) is
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| contiguous, (3) is not less in the aggregate than 100 acres | 16 |
| and, for an economic development project area authorized by | 17 |
| subsection (a-15) of Section 4 of this Act, not more than 2,000 | 18 |
| acres , (4) is
suitable for siting by any commercial, | 19 |
| manufacturing, industrial, research
or transportation | 20 |
| enterprise of facilities to include but not be limited to
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| commercial businesses, offices, factories, mills, processing | 22 |
| plants,
assembly plants, packing plants, fabricating plants, | 23 |
| industrial or
commercial distribution centers, warehouses, | 24 |
| repair overhaul or service
facilities, freight terminals, | 25 |
| research facilities, test facilities or
transportation | 26 |
| facilities, whether or not such area has been used at any
time |
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| for such facilities and whether or not the area has been used | 2 |
| or is
suitable for such facilities and whether or not the area | 3 |
| has been used or
is suitable for other uses, including | 4 |
| commercial agricultural purposes, and
(5) which has been | 5 |
| certified by the Department pursuant to this Act. | 6 |
| (e) "Economic development project costs" means and | 7 |
| includes the sum
total of all reasonable or necessary costs | 8 |
| incurred by a county incidental
to an economic development | 9 |
| project, including, without limitation, the
following: | 10 |
| (1) Costs of studies, surveys, development of plans and | 11 |
| specifications,
implementation and administration of an | 12 |
| economic development plan,
personnel and professional | 13 |
| service costs for architectural, engineering,
legal, | 14 |
| marketing, financial, planning, sheriff, fire, public | 15 |
| works or other
services, provided that no charges for | 16 |
| professional services may be based
on a percentage of | 17 |
| incremental tax revenue; | 18 |
| (2) Property assembly costs within an economic | 19 |
| development project area,
including but not limited to | 20 |
| acquisition of land and other real or personal
property or | 21 |
| rights or interests therein, and specifically including | 22 |
| payments
to developers or other non-governmental persons | 23 |
| as reimbursement for property
assembly costs incurred by | 24 |
| such developer or other non-governmental person; | 25 |
| (3) Site preparation costs, including but not limited | 26 |
| to clearance of
any area within an economic development |
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| project area by demolition or
removal of any existing | 2 |
| buildings, structures, fixtures, utilities and
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| improvements and clearing and grading; site improvement | 4 |
| addressing ground level or below ground environmental | 5 |
| contamination; and including installation, repair,
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| construction, reconstruction, or relocation of public | 7 |
| streets, public
utilities, and other public site | 8 |
| improvements within or without an economic
development | 9 |
| project area which are essential to the preparation of the
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| economic development project area for use in accordance | 11 |
| with an economic
development plan; and specifically | 12 |
| including payments to developers or
other non-governmental | 13 |
| persons as reimbursement for site preparation costs
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| incurred by such developer or non-governmental person; | 15 |
| (4) Costs of renovation, rehabilitation, | 16 |
| reconstruction, relocation,
repair or remodeling of any | 17 |
| existing buildings, improvements, and fixtures
within an | 18 |
| economic development project area, and specifically | 19 |
| including
payments to developers or other non-governmental | 20 |
| persons as reimbursement
for such costs incurred by such | 21 |
| developer or non-governmental person; | 22 |
| (5) Costs of construction within an economic | 23 |
| development project area of
public improvements, including | 24 |
| but not limited to, buildings, structures,
works, | 25 |
| improvements, utilities or fixtures; | 26 |
| (6) Financing costs, including but not limited to all |
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| necessary and
incidental expenses related to the issuance | 2 |
| of obligations, payment of any
interest on any obligations | 3 |
| issued hereunder which accrues during the
estimated period | 4 |
| of construction of any economic development project for
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| which such obligations are issued and for not exceeding 36 | 6 |
| months
thereafter, and any reasonable reserves related to | 7 |
| the issuance of such
obligations; | 8 |
| (7) All or a portion of a taxing district's capital | 9 |
| costs resulting from
an economic development project | 10 |
| necessarily incurred or estimated to be
incurred by a | 11 |
| taxing district in the furtherance of the objectives of an
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| economic development project, to the extent that the county | 13 |
| by written
agreement accepts, approves and agrees to incur | 14 |
| or to reimburse such costs; | 15 |
| (8) Relocation costs to the extent that a county | 16 |
| determines that
relocation costs shall be paid or is | 17 |
| required to make payment of relocation
costs by federal or | 18 |
| State law; | 19 |
| (9) The estimated tax revenues from real property in an | 20 |
| economic
development project area acquired by a county | 21 |
| which, according to the
economic development plan, is to be | 22 |
| used for a private use and which any
taxing district would | 23 |
| have received had the county not adopted property tax
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| allocation financing for an economic development project | 25 |
| area and
which would result from such taxing district's | 26 |
| levies made after the time
of the adoption by the county of |
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| property tax allocation financing to the
time the current | 2 |
| equalized assessed value of real property in the economic
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| development project area exceeds the total initial | 4 |
| equalized value of real
property in that area; | 5 |
| (10) Costs of rebating ad valorem taxes paid by any | 6 |
| developer or other
nongovernmental person in whose name the | 7 |
| general taxes were paid for the
last preceding year on any | 8 |
| lot, block, tract or parcel of land in the
economic | 9 |
| development project area, provided that: | 10 |
| (i) such economic development project area is | 11 |
| located in an enterprise
zone created pursuant to the | 12 |
| Illinois Enterprise Zone Act; | 13 |
| (ii) such ad valorem taxes shall be rebated only in | 14 |
| such amounts and for
such tax year or years as the | 15 |
| county and any one or more affected taxing
districts | 16 |
| shall have agreed by prior written agreement; | 17 |
| (iii) any amount of rebate of taxes shall not | 18 |
| exceed the portion, if
any, of taxes levied by the | 19 |
| county or such taxing district or districts
which is | 20 |
| attributable to the increase in the current equalized | 21 |
| assessed
valuation of each taxable lot, block, tract or | 22 |
| parcel of real property in
the economic development | 23 |
| project area over and above the initial equalized
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| assessed value of each property existing at the time | 25 |
| property tax allocation
financing was adopted for said | 26 |
| economic development project area; and |
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| (iv) costs of rebating ad valorem taxes shall be | 2 |
| paid by a county solely
from the special tax allocation | 3 |
| fund established pursuant to this Act and
shall be paid | 4 |
| from the proceeds of any obligations issued by a | 5 |
| county. | 6 |
| (11) Costs of job training, advanced vocational | 7 |
| education or career
education programs, including but not | 8 |
| limited to courses in occupational,
semi-technical or | 9 |
| technical fields leading directly to employment, incurred
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| by one or more taxing districts, provided that such costs | 11 |
| are related to
the establishment and maintenance of | 12 |
| additional job training, advanced
vocational education or | 13 |
| career education programs for persons employed or
to be | 14 |
| employed by employers located in an economic development | 15 |
| project
area, and further provided, that when such costs | 16 |
| are incurred by a taxing
district or taxing districts other | 17 |
| than the county, they shall be set forth
in a written | 18 |
| agreement by or among the county and the taxing district
or | 19 |
| taxing districts, which agreement describes the program to | 20 |
| be
undertaken, including, but not limited to, the number of | 21 |
| employees to be
trained, a description of the training and | 22 |
| services to be provided, the
number and type of positions | 23 |
| available or to be available, itemized costs
of the program | 24 |
| and sources of funds to pay the same, and the term of the
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| agreement. Such costs include, specifically, the payment | 26 |
| by community
college districts of costs pursuant to Section |
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HB3998 Enrolled |
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| 3-37, 3-38, 3-40 and 3-40.1
of the Public Community College | 2 |
| Act and by school districts of costs
pursuant to Sections | 3 |
| 10-22.20 and 10-23.3a of the School Code; | 4 |
| (12) Private financing costs incurred by developers or | 5 |
| other
non-governmental persons in connection with an | 6 |
| economic development
project, and specifically including | 7 |
| payments to developers or other
non-governmental persons | 8 |
| as reimbursement for such costs incurred by such
developer | 9 |
| or other non-governmental persons provided that: | 10 |
| (A) private financing costs shall be paid or | 11 |
| reimbursed by a county only
pursuant to the prior | 12 |
| official action of the county evidencing an intent to
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| pay such private financing costs; | 14 |
| (B) except as provided in subparagraph (D) of this | 15 |
| Section, the
aggregate amount of such costs paid or | 16 |
| reimbursed by a county in any one
year shall not exceed | 17 |
| 30% of such costs paid or incurred by such developer
or | 18 |
| other non-governmental person in that year; | 19 |
| (C) private financing costs shall be paid or | 20 |
| reimbursed by a county
solely from the special tax | 21 |
| allocation fund established pursuant to this
Act and | 22 |
| shall not be paid or reimbursed from the proceeds of | 23 |
| any
obligations issued by a county; | 24 |
| (D) if there are not sufficient funds available in | 25 |
| the special tax
allocation fund in any year to make | 26 |
| such payment or reimbursement in full,
any amount of |
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HB3998 Enrolled |
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| such private financing costs remaining to be paid or
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| reimbursed by a county shall accrue and be payable when | 3 |
| funds are available
in the special tax allocation fund | 4 |
| to make such payment; and | 5 |
| (E) in connection with its approval and | 6 |
| certification of an economic
development project | 7 |
| pursuant to Section 5 of this Act, the Department shall
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| review any agreement authorizing the payment or | 9 |
| reimbursement by a county
of private financing costs in | 10 |
| its consideration of the impact on the
revenues of the | 11 |
| county and the affected taxing districts of the use of
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| property tax allocation financing. | 13 |
| (f) "Obligations" means any instrument evidencing the | 14 |
| obligation of a
county to pay money, including without | 15 |
| limitation, bonds, notes,
installment or financing contracts, | 16 |
| certificates, tax anticipation warrants
or notes, vouchers, | 17 |
| and any other evidence of indebtedness. | 18 |
| (g) "Taxing districts" means municipalities, townships, | 19 |
| counties, and
school, road, park, sanitary, mosquito | 20 |
| abatement, forest preserve, public
health, fire protection, | 21 |
| river conservancy, tuberculosis sanitarium and any
other | 22 |
| county corporations or districts with the power to levy taxes | 23 |
| on
real property. | 24 |
| (Source: P.A. 94-793, eff. 5-19-06.) | 25 |
| (55 ILCS 85/4) (from Ch. 34, par. 7004) |
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| Sec. 4. Establishment of economic development project | 2 |
| area;
ordinance; joint review board; notice; hearing; changes | 3 |
| in economic
development plan; annual reporting requirements. | 4 |
| Economic development
project areas shall be established as | 5 |
| follows: | 6 |
| (a)
The corporate authorities of Whiteside County may by | 7 |
| ordinance propose the establishment of an economic
development | 8 |
| project area and fix a time and place for a public hearing, and
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| shall submit a certified copy of the ordinance as adopted to | 10 |
| the Department. | 11 |
| (a-5) After the effective date of this amendatory Act of | 12 |
| the 93rd General Assembly, the corporate authorities of | 13 |
| Stephenson County may by ordinance propose the establishment of | 14 |
| an economic development project area and fix a time and place | 15 |
| for a public hearing, and shall submit a certified copy of the | 16 |
| ordinance as adopted to the Department.
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| (a-10) The corporate authorities of Grundy County may, by | 18 |
| ordinance, propose the establishment of an economic | 19 |
| development project and fix a time and place for a public | 20 |
| hearing. Upon passage of the ordinance, the corporate | 21 |
| authorities of Grundy County shall submit a certified copy of | 22 |
| the ordinance, as adopted, to the Department.
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| (a-15) For a period of 2 years beginning on the effective | 24 |
| date of this amendatory Act of the 96th General Assembly, the | 25 |
| corporate authorities of Grundy County may, by ordinance, | 26 |
| propose the establishment of an economic development project |
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| and fix a time and place for a public hearing. Upon passage of | 2 |
| the ordinance, the corporate authorities of Grundy County shall | 3 |
| submit a certified copy of the ordinance, as adopted, to the | 4 |
| Department. | 5 |
| (b) Any county which adopts an ordinance which fixes a | 6 |
| date, time and
place for a public hearing shall convene a joint | 7 |
| review board as
hereinafter provided. Not less than 45 days | 8 |
| prior to the date fixed for
the public hearing, the county | 9 |
| shall give notice by mailing to the chief
executive officer of | 10 |
| each affected taxing district having taxable property
included | 11 |
| in the proposed economic development project area and, if the | 12 |
| ordinance is adopted by Stephenson County, the chief executive | 13 |
| officer of any municipality within Stephenson County having a | 14 |
| population of more than 20,000 that such chief
executive | 15 |
| officer or his designee is invited to participate in a joint
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| review board. The designee shall serve at the discretion of the | 17 |
| chief
executive officer of the taxing district for a term not | 18 |
| to exceed 2 years.
Such notice shall advise each chief | 19 |
| executive officer of the date, time and
place of the first | 20 |
| meeting of such joint review board, which shall occur
not less | 21 |
| than 30 days prior to the date of the public hearing. Such | 22 |
| notice
by mail shall be given by depositing such notice in the | 23 |
| United States
Postal Service by certified mail. | 24 |
| At or prior to the first meeting of such joint review board | 25 |
| the county
shall furnish to any member of such joint review | 26 |
| board copies of the
proposed economic development plan and any |
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| related documents which such
member shall reasonably request. A | 2 |
| majority of the members of such joint
review board present at | 3 |
| any meeting shall constitute a quorum. Additional
meetings may | 4 |
| be called by any member of a joint review board upon the
giving | 5 |
| of notice not less than 72 hours prior to the date of any | 6 |
| additional
meeting to all members of the joint review board. | 7 |
| The joint review board
shall review such information and | 8 |
| material as its members reasonably deem
relevant to the | 9 |
| county's proposals to approve economic development plans
and | 10 |
| economic development projects and to designate economic | 11 |
| development
project areas. The county shall provide such | 12 |
| information and material
promptly upon the request of the joint | 13 |
| review board and may also provide
administrative support and | 14 |
| facilities as the joint review board may
reasonably require. | 15 |
| Within 30 days of its first meeting, a joint review board | 16 |
| shall provide
the county with a written report of its review of | 17 |
| any proposal to approve
an economic development plan and | 18 |
| economic development project and to
designate an economic | 19 |
| development project area. Such written report shall
include | 20 |
| such information and advisory, nonbinding recommendations as a
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| majority of the members of the joint review board shall deem | 22 |
| relevant.
Written reports of joint review boards may include | 23 |
| information and
advisory, nonbinding recommendations provided | 24 |
| by a minority of the members
thereof. Any joint review board | 25 |
| which does not provide such written report
within such 30-day | 26 |
| period shall be deemed to have recommended that the
county |
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| proceed with a proposal to approve an economic development plan | 2 |
| and
economic development project and to designate an economic | 3 |
| development
project area. | 4 |
| (c) Notice of the public hearing shall be given by | 5 |
| publication and
mailing. | 6 |
| (1) Notice by publication shall be given by publication | 7 |
| at least
twice, the first publication to be not more than | 8 |
| 30 nor less than 10 days
prior to the hearing in a | 9 |
| newspaper of general circulation within the
taxing | 10 |
| districts having property in the proposed economic | 11 |
| development
project area. Notice by mailing shall be given | 12 |
| by depositing such notice
together with a copy of the | 13 |
| proposed economic development plan in the
United States | 14 |
| Postal Service by certified mail addressed to the person or
| 15 |
| persons in whose name the general taxes for the last | 16 |
| preceding year were
paid on each lot, block, tract, or | 17 |
| parcel of land lying within the proposed
economic | 18 |
| development project area. The notice shall be mailed not | 19 |
| less
than 10 days prior to the dates set for the public | 20 |
| hearing. In the event
taxes for the last preceding year | 21 |
| were not paid, the notice shall also be
sent to the persons | 22 |
| last listed on the tax rolls within the preceding 3
years | 23 |
| as the owners of the property. | 24 |
| (2) The notices issued pursuant to this Section shall | 25 |
| include the
following: | 26 |
| (A) The time and place of public hearing; |
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| (B) The boundaries of the proposed economic | 2 |
| development project area
by legal description and by | 3 |
| street location where possible; | 4 |
| (C) A notification that all interested persons | 5 |
| will be given an
opportunity to be heard at the public | 6 |
| hearing; | 7 |
| (D) An invitation for any person to submit | 8 |
| alternative proposals or bids
for any proposed | 9 |
| conveyance, lease, mortgage or other disposition of | 10 |
| land
within the proposed economic development project | 11 |
| area; | 12 |
| (E) A description of the economic development plan | 13 |
| or economic
development project if a plan or project is | 14 |
| a subject matter of the
hearing; and | 15 |
| (F) Such other matters as the county may deem | 16 |
| appropriate. | 17 |
| (3) Not less than 45 days prior to the date set for | 18 |
| hearing, the county
shall give notice by mail as provided | 19 |
| in this subsection (c) to all taxing
districts of which | 20 |
| taxable property is included in the economic development
| 21 |
| project area, and to the Department. In addition to the | 22 |
| other requirements
under this subsection (c), the notice | 23 |
| shall include an invitation to the
Department and each | 24 |
| taxing district to submit comments to the county
concerning | 25 |
| the subject matter of the hearing prior to the date of the | 26 |
| hearing. |
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| (d) At the public hearing any interested person, the | 2 |
| Department or any
affected taxing district may file written | 3 |
| objections with the county clerk
and may be heard orally with | 4 |
| respect to any issues embodied in the notice.
The county shall | 5 |
| hear and determine all alternate proposals or bids for any
| 6 |
| proposed conveyance, lease, mortgage or other disposition of | 7 |
| land and all
protests and objections at the hearing, and the | 8 |
| hearing may be adjourned to
another date without further notice | 9 |
| other than a motion to be entered upon
the minutes fixing the | 10 |
| time and place of the adjourned hearing. Public
hearings with | 11 |
| regard to an economic development plan, economic development
| 12 |
| project area, or economic development project may be held | 13 |
| simultaneously. | 14 |
| (e) At the public hearing, or at any time prior to the | 15 |
| adoption by the
county of an ordinance approving an economic | 16 |
| development plan, the county
may make changes in the economic | 17 |
| development plan. Changes which (1) alter
the exterior | 18 |
| boundaries of the proposed economic development project area,
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| (2) substantially affect the general land uses established in | 20 |
| the proposed
economic development plan, (3) substantially | 21 |
| change the nature of the
proposed economic development plan, | 22 |
| (4) change the general description
of any proposed developer, | 23 |
| user or tenant of any property to be located or
improved within | 24 |
| the economic development project area, or (5) change the
| 25 |
| description of the type, class and number of employees to be | 26 |
| employed in
the operation of the facilities to be developed or |
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LRB096 10062 RLJ 20227 b |
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| improved within the
economic development project area shall be | 2 |
| made only after review by joint
review board, notice and | 3 |
| hearing pursuant to the procedures set forth in
this Section. | 4 |
| Changes which do not (1) alter the exterior boundaries of a
| 5 |
| proposed economic development project area, (2) substantially | 6 |
| affect the
general land uses established in the proposed plan, | 7 |
| (3) substantially
change the nature of the proposed economic | 8 |
| development plan, (4) change the
general description of any | 9 |
| proposed developer, user or tenant of any
property to be | 10 |
| located or improved within the economic development project
| 11 |
| area, or (5) change the description of the type, class and | 12 |
| number of
employees to be employed in the operation of the | 13 |
| facilities to be developed
or improved within the economic | 14 |
| development project area may be made
without further notice or | 15 |
| hearing, provided that the county shall give
notice of its | 16 |
| changes by mail to the Department and to each affected taxing
| 17 |
| district and by publication in a newspaper or newspapers of | 18 |
| general
circulation with the affected taxing districts. Such | 19 |
| notice by mail and by
publication shall each occur not later | 20 |
| than 10 days following the adoption
by ordinance of such | 21 |
| changes. | 22 |
| (f) At any time within 90 days of the final adjournment
of | 23 |
| the public hearing, a county may, by ordinance, approve the | 24 |
| economic
development plan, establish the economic development | 25 |
| project area, and
authorize property tax allocation financing | 26 |
| for such economic development
project area. |
|
|
|
HB3998 Enrolled |
- 18 - |
LRB096 10062 RLJ 20227 b |
|
| 1 |
| Any ordinance adopted by Whiteside County which approves | 2 |
| the economic
development plan shall contain findings that the | 3 |
| economic development
project is reasonably expected to create | 4 |
| or retain not less than 500
full-time equivalent jobs, that | 5 |
| private investment in an amount not less
than $25,000,000 is | 6 |
| reasonably expected to occur in the
economic
development | 7 |
| project area, that the economic development project will
| 8 |
| encourage the increase of commerce and industry within the | 9 |
| State, thereby
reducing the evils attendant upon unemployment | 10 |
| and increasing opportunities
for personal income, and that the | 11 |
| economic development project will
increase or maintain the | 12 |
| property, sales and income tax bases of the county
and of the | 13 |
| State.
| 14 |
| Any ordinance adopted by Grundy County that approves an the | 15 |
| economic
development plan shall contain findings that the | 16 |
| economic development
project is reasonably expected to create | 17 |
| or retain not less than 250
full-time equivalent jobs, that | 18 |
| private investment in an amount not less
than $50,000,000 is | 19 |
| reasonably expected to occur in the
economic
development | 20 |
| project area, that the economic development project will
| 21 |
| encourage the increase of commerce and industry within the | 22 |
| State, thereby
reducing the evils attendant upon unemployment | 23 |
| and increasing opportunities
for personal income, and that the | 24 |
| economic development project will
increase or maintain the | 25 |
| property, sales, and income tax bases of the county
and of the | 26 |
| State.
|
|
|
|
HB3998 Enrolled |
- 19 - |
LRB096 10062 RLJ 20227 b |
|
| 1 |
| Any ordinance adopted by Stephenson County that approves an | 2 |
| economic development plan shall contain findings that (i) the | 3 |
| economic development project is reasonably expected to create | 4 |
| or retain not less than 500 full-time equivalent jobs; (ii) | 5 |
| private investment in an amount not less than $10,000,000 is | 6 |
| reasonably expected to occur in the economic development area; | 7 |
| (iii) the economic development project will encourage the | 8 |
| increase of commerce and industry within the State, thereby | 9 |
| reducing the evils attendant upon unemployment and increasing | 10 |
| opportunities for personal income; and (iv) the economic | 11 |
| development project will increase or maintain the property, | 12 |
| sales, and income tax bases of the county and of the State. | 13 |
| Before the economic development project area is established by | 14 |
| Stephenson County, the following additional conditions must be | 15 |
| included in an intergovernmental agreement approved by both the | 16 |
| Stephenson County Board and the corporate authorities of the | 17 |
| City of Freeport: (i) the corporate authorities of the City of | 18 |
| Freeport must concur by resolution with the findings of | 19 |
| Stephenson County; (ii) both the corporate authorities of the | 20 |
| City of Freeport and the Stephenson County Board shall approve | 21 |
| any and all economic or redevelopment agreements and incentives | 22 |
| for any economic development project within the economic | 23 |
| development area; (iii) any economic development project that | 24 |
| receives funds under this Act, except for any economic | 25 |
| development project specifically excluded from annexation in | 26 |
| the provisions of the intergovernmental agreement, shall agree |
|
|
|
HB3998 Enrolled |
- 20 - |
LRB096 10062 RLJ 20227 b |
|
| 1 |
| to and must enter into an annexation agreement with the City of | 2 |
| Freeport to annex property included in the economic development | 3 |
| project area to the City of Freeport at the first point in time | 4 |
| that the property becomes contiguous to the City of Freeport; | 5 |
| (iv) the local share of all State occupation and use taxes | 6 |
| allocable to the City of Freeport and Stephenson County and | 7 |
| derived from commercial projects within the economic | 8 |
| development project area shall be equally shared by and between | 9 |
| the City of Freeport and Stephenson County for the duration of | 10 |
| the economic development project; and (v) any development in | 11 |
| the economic development project area shall be built in | 12 |
| accordance with the building and related codes of both the City | 13 |
| of Freeport and Stephenson County and the City of Freeport | 14 |
| shall approve all provisions for water and sewer service.
| 15 |
| The ordinance shall also state that the economic | 16 |
| development project area
shall not include parcels to be used | 17 |
| for purposes of residential
development.
Any ordinance adopted | 18 |
| which establishes an economic
development project area shall | 19 |
| contain the boundaries of such area by legal
description and, | 20 |
| where possible, by street location. Any ordinance adopted
which | 21 |
| authorizes property tax allocation financing shall provide | 22 |
| that the
ad valorem taxes, if any, arising from the levies upon | 23 |
| taxable real
property in such economic development project area | 24 |
| by taxing districts and
tax rates determined in the manner | 25 |
| provided in subsection (b) of Section 6
of this Act each year | 26 |
| after the effective date of the ordinance until
economic |
|
|
|
HB3998 Enrolled |
- 21 - |
LRB096 10062 RLJ 20227 b |
|
| 1 |
| development project costs and all county obligations financing
| 2 |
| economic development project costs incurred under this Act have | 3 |
| been paid
shall be divided as follows: | 4 |
| (1) That portion of taxes levied upon each taxable lot, | 5 |
| block, tract or
parcel of real property which is | 6 |
| attributable to the lower of the current
equalized assessed | 7 |
| value or the initial equalized assessed value of each
such | 8 |
| taxable lot, block, tract or parcel of real property in the | 9 |
| economic
development project area shall be allocated to, | 10 |
| and when collected, shall
be paid by the county collector | 11 |
| to the respective affected taxing districts
in the manner | 12 |
| required by law in the absence of the adoption of property | 13 |
| tax
allocation financing. | 14 |
| (2) That portion, if any, of such taxes which is | 15 |
| attributable to the
increase in the current equalized | 16 |
| assessed valuation of each taxable lot,
block, tract or | 17 |
| parcel of real property in the economic development project
| 18 |
| area over and above the initial equalized assessed value of | 19 |
| each property
in the economic development project area | 20 |
| shall be allocated to and when
collected shall be paid to | 21 |
| the county treasurer who shall deposit those
taxes into a | 22 |
| special fund called the special tax allocation fund of the
| 23 |
| county for the purpose of paying economic development | 24 |
| project costs and
obligations incurred in the payment | 25 |
| thereof. | 26 |
| (g) After a county has by ordinance approved an economic |
|
|
|
HB3998 Enrolled |
- 22 - |
LRB096 10062 RLJ 20227 b |
|
| 1 |
| development plan
and established an economic development | 2 |
| project area, the plan may be
amended and the boundaries of the | 3 |
| area may be altered only as herein
provided. Amendments which | 4 |
| (1) alter the exterior boundaries of an
economic development | 5 |
| project area, (2) substantially affect the general
land uses | 6 |
| established pursuant to the economic development plan, (3)
| 7 |
| substantially change the nature of the economic development | 8 |
| plan, (4)
change the general description of any proposed | 9 |
| developer, user, or tenant
of any property to be located or | 10 |
| improved within the economic development
project area, or (5) | 11 |
| change the description of the type, class and number
of | 12 |
| employees to be employed in the operation of the facilities to | 13 |
| be
developed or improved shall be made only after review by a | 14 |
| joint review
board, notice and hearing pursuant to the | 15 |
| procedures set forth in this
Section. Amendments which do not | 16 |
| (1) alter the exterior boundaries of an
economic development | 17 |
| project area, (2) substantially affect the general
land uses | 18 |
| established in the economic development plan, (3) | 19 |
| substantially
change the nature of the economic development | 20 |
| plan, (4) change the
description of any proposed developer, | 21 |
| user, or tenant of any property to
be located or improved | 22 |
| within 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 may be | 26 |
| made without further
hearing or notice, provided that the |
|
|
|
HB3998 Enrolled |
- 23 - |
LRB096 10062 RLJ 20227 b |
|
| 1 |
| county shall give notice of any
amendment by mail to the | 2 |
| Department and to each taxing district and by
publication in a | 3 |
| newspaper or newspapers of general circulation within the
| 4 |
| affected taxing districts. Such notices by mail and by | 5 |
| publication shall
each occur not later than 10 days following | 6 |
| the adoption by ordinance of
such amendments. | 7 |
| (h) After the adoption of an ordinance adopting property | 8 |
| tax allocation
financing for an economic development project | 9 |
| area, the county
shall annually report to each taxing district | 10 |
| having taxable property
within such economic development | 11 |
| project area (i) any increase or decrease
in the equalized | 12 |
| assessed value of the real property located within such
| 13 |
| economic development project area above or below the initial | 14 |
| equalized
assessed value of such real property, (ii) that | 15 |
| portion, if any, of the ad
valorem taxes arising from the | 16 |
| levies upon taxable real property in such
economic development | 17 |
| project area by the taxing districts which is
attributable to | 18 |
| the increase in the current equalized assessed valuation of
| 19 |
| each lot, block, tract or parcel of real property in the | 20 |
| economic
development project area over and above the initial | 21 |
| equalized value of each
property and which has been allocated | 22 |
| to the county in the current year,
and (iii) such other | 23 |
| information as the county may deem relevant. | 24 |
| (i) The county shall give notice by mail as provided in | 25 |
| this Section and
shall reconvene the joint review board not | 26 |
| less than annually for each of
the 2 years following its |
|
|
|
HB3998 Enrolled |
- 24 - |
LRB096 10062 RLJ 20227 b |
|
| 1 |
| adoption of an ordinance adopting property tax
allocation | 2 |
| financing for an economic development project area and not less
| 3 |
| than once in each 3-year period thereafter. The county shall | 4 |
| provide such
information, and may provide administrative | 5 |
| support and facilities as the
joint review board may reasonably | 6 |
| require for each of such meetings. | 7 |
| (Source: P.A. 93-959, eff. 8-20-04; 94-259, eff. 1-1-06.) | 8 |
| (55 ILCS 85/5) (from Ch. 34, par. 7005) | 9 |
| Sec. 5. Submission to Department; certification by | 10 |
| Department. | 11 |
| (a) The county shall submit certified copies of any | 12 |
| ordinances adopted
approving a proposed economic development | 13 |
| plan, establishing an economic
development project area, and | 14 |
| authorizing tax increment allocation
financing to the | 15 |
| Department, together with (1) a map of the economic
development | 16 |
| project area, (2) a copy of the economic development plan as
| 17 |
| approved, (3) an analysis, and any supporting documents and | 18 |
| statistics,
demonstrating (i) that the economic development | 19 |
| project is reasonably expected
to create or retain not less | 20 |
| than 500 full-time equivalent jobs
and (ii) that
private | 21 |
| investment in the amount of not less than $25,000,000 for all | 22 |
| ordinances adopted by Whiteside County and in the amount of not | 23 |
| less than $10,000,000 for any ordinance adopted by Stephenson | 24 |
| County is reasonably
expected to occur in the economic | 25 |
| development project area, (4) an estimate
of the economic |
|
|
|
HB3998 Enrolled |
- 25 - |
LRB096 10062 RLJ 20227 b |
|
| 1 |
| impact of the economic development plan and the use of
property | 2 |
| tax allocation financing upon the revenues of the county and | 3 |
| the
affected taxing districts, (5) a record of all public | 4 |
| hearings held in
connection with the establishment of the | 5 |
| economic development project area,
and (6) such other | 6 |
| information as the Department by regulation may require. | 7 |
| (b) Upon receipt of an application from a county the | 8 |
| Department shall
review the application to determine whether | 9 |
| the economic development
project area qualifies as an economic | 10 |
| development project area under this
Act. At its discretion, the | 11 |
| Department may accept or reject the application
or may request | 12 |
| such additional information as it deems necessary or
advisable | 13 |
| to aid its review. If any such area is found to be qualified to
| 14 |
| be an economic development project area, the Department shall | 15 |
| approve and
certify such economic development project area and | 16 |
| shall provide written
notice of its approval and certification | 17 |
| to the county and to the county
clerk. In determining whether | 18 |
| an economic development project area shall be
approved and | 19 |
| certified, the Department shall consider (1) whether, without
| 20 |
| public intervention, the State would suffer substantial | 21 |
| economic
dislocation, such as relocation of a commercial | 22 |
| business or industrial or
manufacturing facility to another | 23 |
| state, territory or country, or would not
otherwise benefit | 24 |
| from private investment offering substantial employment
| 25 |
| opportunities and economic growth, and (2) the impact on the | 26 |
| revenues of
the county and the affected taxing districts of the |
|
|
|
HB3998 Enrolled |
- 26 - |
LRB096 10062 RLJ 20227 b |
|
| 1 |
| use of tax increment
allocation financing in connection with | 2 |
| the economic development project. | 3 |
| (c) On or before July 1, 2007, and again on or before July | 4 |
| 1, 2012, the Department shall submit to
the
General Assembly a | 5 |
| report detailing the number of economic development
project | 6 |
| areas it has approved and certified, the number and type of | 7 |
| jobs
created or retained therein, the aggregate amount of | 8 |
| private investment
therein, the impact in the revenues of | 9 |
| counties and affected taxing
districts of the use of property | 10 |
| tax allocation financing therein, and such
additional | 11 |
| information as the Department may determine to be relevant. On
| 12 |
| July 1, 2008 the authority granted hereunder to counties to
| 13 |
| establish
economic development project areas under subsections | 14 |
| (a), (a-5), and (a-10) of Section 4 of this Act and to adopt | 15 |
| property tax allocation
financing in connection therewith and | 16 |
| to the Department to approve and
certify economic development | 17 |
| project areas shall expire unless the General
Assembly shall | 18 |
| have authorized counties and the Department to continue to
| 19 |
| exercise the powers granted to them under this Act. Two years | 20 |
| after the effective date of this amendatory Act of the 96th | 21 |
| General Assembly, the authority granted to Grundy County to | 22 |
| establish an economic development project under subsection | 23 |
| (a-15) of Section 4 of this Act and to adopt property tax | 24 |
| allocation financing in connection therewith shall expire. | 25 |
| (Source: P.A. 92-791, eff. 8-6-02; 93-959, eff. 8-20-04.)
| 26 |
| Section 99. Effective date. This Act takes effect upon |
|
|
|
HB3998 Enrolled |
- 27 - |
LRB096 10062 RLJ 20227 b |
|
| 1 |
| becoming law.
|
|