State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Senate Amendment 002 ]


92_SB2301sam001











                                          SRS92SB2301ABspam01

 1                    AMENDMENT TO SENATE BILL 2301

 2        AMENDMENT NO.     .  Amend Senate Bill 2301 by  replacing
 3    the title with the following:
 4        "AN ACT to create the Banking Development District Act.";
 5    and

 6    by  replacing  everything  after the enacting clause with the
 7    following:

 8        "Section 1.  Short title.  This Act may be cited  as  the
 9    Banking Development District Act.

10        Section 5.  Banking development district programs.  There
11    is hereby created a banking development district program, the
12    purpose  of  which  is  to  encourage  the  establishment  of
13    branches   in   geographic   locations   where   there  is  a
14    demonstrated need for banking services. The  State  Treasurer
15    shall,  in  consultation  with  the  Office of Banks and Real
16    Estate, promulgate rules, after public hearing  and  comment,
17    that  set forth the criteria for the establishment of banking
18    development districts. The criteria shall include, but not be
19    limited to, the following:
20             (1)  the location, number, and  proximity  of  sites
21        where banking services are available within the district;
 
                            -2-           SRS92SB2301ABspam01
 1             (2)  the   identification   of  consumer  needs  for
 2        banking services within the district;
 3             (3)  the economic viability and local  credit  needs
 4        of the community within the district;
 5             (4)  the  existing commercial development within the
 6        district;
 7             (5)  the impact additional  banking  services  would
 8        have  on  potential economic development in the district;
 9        and
10             (6)  any other criteria  that  the  State  Treasurer
11        deems appropriate.

12        Section  10.  Definitions.  For the purposes of this Act,
13    the  term  "local  government"  means  a  county  if  in   an
14    unincorporated  area  or a municipality if in an incorporated
15    area.
16        The terms "alteration",  "construction",  "installation",
17    and  "improvement"  do  not  include ordinary maintenance and
18    repairs.
19        For the purpose of this Act,  the  term  "bank"  means  a
20    state  bank,  national    bank, savings bank, federal savings
21    bank, savings and loan association, federal savings and  loan
22    association, or trust company.

23        Section   15.  Application.    A   local  government,  in
24    conjunction with a bank, may submit  an  application  to  the
25    State  Treasurer for the designation of a banking development
26    district. The State Treasurer shall issue a determination  on
27    the   application   within   60   days  after  receiving  the
28    application.  If  an  application  is  approved,  the   State
29    Treasurer  shall transmit notification of the approval to the
30    applicants, the Commissioner of the Office of Banks and  Real
31    Estate,  the Governor, the State Comptroller, the Director of
32    Commerce and Community Affairs, the President of the  Senate,
 
                            -3-           SRS92SB2301ABspam01
 1    and the Speaker of the House of Representatives.

 2        Section  20.  Existing  facilities.   Notwithstanding any
 3    other provision of law, an application may be submitted by  a
 4    local  government in conjunction with a bank that has already
 5    opened a branch within the area of the proposed district.  In
 6    considering  the  criteria  authorized  under  Section 5, the
 7    Treasurer must also take  into  account  the  importance  and
 8    benefits  of  preserving  the banking services offered by the
 9    existing branch.

10        Section 25. Banking development districts.
11        (a)  The general taxes and  special  assessments  of  the
12    local   government   on   real   property  that  is  altered,
13    constructed, or improved for use as a branch of a bank in  an
14    area  designated  as  a  banking  development district by the
15    Treasurer, in accordance with this Act, shall be abated for a
16    period of 10 years  as  provided  in  this  Section,  if  the
17    governing board of the local government imposing the taxes or
18    special  assessments,  after  a  public  hearing,  adopts  an
19    ordinance or resolution providing for the abatement.
20        (b)  Where  the ordinance or resolution has been adopted,
21    the general  taxes  and  special  assessments  of  the  local
22    government  on  real  property  that  is  used to establish a
23    branch of a bank in a banking development district  shall  be
24    abated  for  a period of one year in the amount of 50% of the
25    "abatement base", determined under  subsection  (c)  of  this
26    Section, and the abatement shall be decreased by 5% each year
27    during  the  additional  period.  A  copy of the ordinance or
28    resolution shall be filed with the State  Treasurer  and  the
29    county clerk.
30        (c)  The  "abatement  base"  is  the  increase in general
31    taxes and special assessments resulting from an  increase  in
32    any   assessed   value   attributable   to   the  alteration,
 
                            -4-           SRS92SB2301ABspam01
 1    construction, installation, or improvement as  determined  in
 2    the  initial  year for which an application for the abatement
 3    is made.  The  following  table  sets  forth  the  method  of
 4    computing the abatement:
 5          Year of abatement          Percentage of abatement
 6                  1                             50
 7                  2                             45
 8                  3                             40
 9                  4                             35
10                  5                             30
11                  6                             25
12                  7                             20
13                  8                             15
14                  9                             10
15                 10                             5
16        (d)  No  abatement  may  be  granted  under this Section,
17    unless:
18             (1)  the alteration, construction, installation,  or
19        improvement  commenced  on  or  after either the date the
20        banking development district was designated by the  State
21        Treasurer or, if specified in the ordinance or resolution
22        adopted   under  subsection  (a)  of  this  Section,  the
23        effective date of the resolution or ordinance; and
24             (2)  the  property   is   located   in   a   banking
25        development district designated by the State Treasurer.
26        (e)  The  abatement  may  be  granted only upon a written
27    application of the owner of  the  real  property  on  a  form
28    prescribed  by  the  Treasurer. The application must be filed
29    with the governing board of the  local  government  no  later
30    than one year after the date of completion of the alteration,
31    construction, installation, or improvement.
32        (f)  If  the  governing  board of the local government is
33    satisfied that the applicant  is  entitled  to  an  abatement
34    under  this  Section,  the board must approve the application
 
                            -5-           SRS92SB2301ABspam01
 1    and the general taxes and special  assessments  on  the  real
 2    property shall be abated as provided in this Act.

 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.".

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