State of Illinois
92nd General Assembly
Legislation

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92_SB1675

 
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 1        AN ACT to create the Banking Development District Act.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.   This Act may be cited as the
 5    Banking Development District Act.

 6        Section 5.  Banking development district programs.  There
 7    is hereby created a banking development district program, the
 8    purpose  of  which  is  to  encourage  the  establishment  of
 9    branches  in  geographic   locations   where   there   is   a
10    demonstrated  need  for banking services. The State Treasurer
11    shall, in consultation with the  Office  of  Banks  and  Real
12    Estate,  promulgate  rules, after public hearing and comment,
13    that set forth the criteria for the establishment of  banking
14    development districts. The criteria shall include, but not be
15    limited to, the following:
16             (1)  the  location,  number,  and proximity of sites
17        where banking services are available within the district;
18             (2)  the  identification  of  consumer   needs   for
19        banking services within the district;
20             (3)  the  economic  viability and local credit needs
21        of the community within the district;
22             (4)  the existing commercial development within  the
23        district;
24             (5)  the  impact  additional  banking services would
25        have on potential economic development in  the  district;
26        and
27             (6)  any  other  criteria  that  the State Treasurer
28        deems appropriate.

29        Section 10.  Definitions.  For the purposes of this  Act,
30    the  term  "local  government" means a county, town, city, or
 
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 1    village.
 2        The terms "alteration",  "construction",  "installation",
 3    and  "improvement"  do  not  include ordinary maintenance and
 4    repairs.

 5        Section  15.  Application.   A   local   government,   in
 6    conjunction with a bank, trust company, or national bank, may
 7    submit   an  application  to  the  State  Treasurer  for  the
 8    designation of a  banking  development  district.  The  State
 9    Treasurer  shall  issue  a  determination  on the application
10    within  60  days  after  receiving  the  application.  If  an
11    application is approved, the State Treasurer  shall  transmit
12    notification   of   the   approval  to  the  applicants,  the
13    Commissioner of the Office of  Banks  and  Real  Estate,  the
14    Governor, the State Comptroller, the Director of Commerce and
15    Community  Affairs,  the  President  of  the  Senate, and the
16    Speaker of the House of Representatives.

17        Section 20.  Existing  facilities.   Notwithstanding  any
18    other  provision of law, an application may be submitted by a
19    local government in conjunction with a bank,  trust  company,
20    or  national bank that has already opened a branch within the
21    area of the proposed district. In  considering  the  criteria
22    authorized under Section 5, the Treasurer must also take into
23    account the importance and benefits of preserving the banking
24    services offered by the existing branch.

25        Section 25. Banking development districts.
26        (a)  Real  property  that  is  altered,  constructed,  or
27    improved  for  use  as  a branch of a bank, trust company, or
28    national bank in an area designated as a banking  development
29    district by the Treasurer, in accordance with this Act, shall
30    be  exempt from  general taxes and special assessments by any
31    local government for a period of 10 years as provided in this
 
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 1    Section, if the governing  board  of  the  local  government,
 2    after  a  public  hearing,  adopts an ordinance or resolution
 3    providing for the exemption.
 4        (b)  Where the ordinance or resolution has been  adopted,
 5    the  real  property  that  is used to establish a branch of a
 6    bank,  trust  company,  or  national  bank   in   a   banking
 7    development district shall be exempt for a period of one year
 8    of  50%  of the "exemption base", determined under subsection
 9    (c) of this Section, and the exemption shall be decreased  by
10    5%  each  year  during  the  additional period. A copy of the
11    ordinance  or  resolution  shall  be  filed  with  the  State
12    Treasurer and  the  assessor  of  the  local  government  who
13    prepares  the  assessment  roll  on  which  the  taxes of the
14    county, city, town, village, or school district are levied.
15        (c)  The "exemption base" is  the  increase  in  assessed
16    value   attributable   to   the   alteration,   construction,
17    installation,  or  improvement  as  determined in the initial
18    year  for  which  application  for  exemption  is  made.  The
19    following table sets forth the method of  computing  the  tax
20    exemption:
21          Year of exemption          Percentage of exemption
22                  1                             50
23                  2                             45
24                  3                             40
25                  4                             35
26                  5                             30
27                  6                             25
28                  7                             20
29                  8                             15
30                  9                             10
31                 10                             5
32        (d)  No  exemption  may  be  granted  under this Section,
33    unless:
34             (1)  the alteration, construction, installation,  or
 
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 1        improvement  commenced  on  or  after either the date the
 2        banking development district was designated by the  State
 3        Treasurer or, if specified in the ordinance or resolution
 4        adopted   under  subsection  (a)  of  this  Section,  the
 5        effective date of the resolution or ordinance; and
 6             (2)  the  property   is   located   in   a   banking
 7        development district designated by the State Treasurer.
 8        (e)  The  exemption  may  be  granted only upon a written
 9    application of the owner of  the  real  property  on  a  form
10    prescribed  by  the  Treasurer. The application must be filed
11    with the assessor of the local government having the power to
12    assess property for taxation on  or  before  the  appropriate
13    taxable status date of the local government and no later than
14    one  year  after  the  date  of completion of the alteration,
15    construction, installation, or improvement.
16        (f)  If the assessor is satisfied that the  applicant  is
17    entitled  to  an  exemption  under this Section, the assessor
18    must approve the application and the real property  shall  be
19    exempt from general taxes and special assessments as provided
20    in  this  Act  commencing  with  the assessment roll prepared
21    after the taxable status date referred to in  subsection  (d)
22    of  this Section.  The assessor must enter the assessed value
23    of  any  exemption  granted  under  this  Section  onto   the
24    assessment  roll  containing the real property that is exempt
25    and place the amount of the exemption in a separate column

26        Section 99.  Effective date.  This Act takes effect  upon
27    becoming law.

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