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92_SB2227enr
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1 AN ACT concerning economic development.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The County Economic Development Project Area
5 Property Tax Allocation Act is amended by changing Sections 4
6 and 5 as 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 a County,
14 with more than 200,000 and less than 300,000 inhabitants and
15 which is adjacent to the Mississippi River, may by ordinance
16 propose the establishment of an economic development project
17 area and fix a time and place for a public hearing, and shall
18 submit a certified copy of the ordinance as adopted to the
19 Department.
20 (b) Any county which adopts an ordinance which fixes a
21 date, time and place for a public hearing shall convene a
22 joint review board as hereinafter provided. Not less than 45
23 days prior to the date fixed for the public hearing, the
24 county shall give notice by mailing to the chief executive
25 officer of each affected taxing district having taxable
26 property included in the proposed economic development
27 project area that such chief executive officer or his
28 designee is invited to participate in a joint review board.
29 The designee shall serve at the discretion of the chief
30 executive officer of the taxing district for a term not to
31 exceed 2 years. Such notice shall advise each chief executive
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1 officer of the date, time and place of the first meeting of
2 such joint review board, which shall occur not less than 30
3 days prior to the date of the public hearing. Such notice by
4 mail shall be given by depositing such notice in the United
5 States Postal Service by certified mail.
6 At or prior to the first meeting of such joint review
7 board the county shall furnish to any member of such joint
8 review board copies of the proposed economic development plan
9 and any related documents which such member shall reasonably
10 request. A majority of the members of such joint review
11 board present at any meeting shall constitute a quorum.
12 Additional meetings may be called by any member of a joint
13 review board upon the giving of notice not less than 72 hours
14 prior to the date of any additional meeting to all members of
15 the joint review board. The joint review board shall review
16 such information and material as its members reasonably deem
17 relevant to the county's proposals to approve economic
18 development plans and economic development projects and to
19 designate economic development project areas. The county
20 shall provide such information and material promptly upon the
21 request of the joint review board and may also provide
22 administrative support and facilities as the joint review
23 board may reasonably require.
24 Within 30 days of its first meeting, a joint review board
25 shall provide the county with a written report of its review
26 of any proposal to approve an economic development plan and
27 economic development project and to designate an economic
28 development project area. Such written report shall include
29 such information and advisory, nonbinding recommendations as
30 a majority of the members of the joint review board shall
31 deem relevant. Written reports of joint review boards may
32 include information and advisory, nonbinding recommendations
33 provided by a minority of the members thereof. Any joint
34 review board which does not provide such written report
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1 within such 30-day period shall be deemed to have recommended
2 that the county proceed with a proposal to approve an
3 economic development plan and economic development project
4 and to designate an economic development project area.
5 (c) Notice of the public hearing shall be given by
6 publication and mailing.
7 (1) Notice by publication shall be given by
8 publication at least twice, the first publication to be
9 not more than 30 nor less than 10 days prior to the
10 hearing in a newspaper of general circulation within the
11 taxing districts having property in the proposed economic
12 development project area. Notice by mailing shall be
13 given by depositing such notice together with a copy of
14 the proposed economic development plan in the United
15 States Postal Service by certified mail addressed to the
16 person or persons in whose name the general taxes for the
17 last preceding year were paid on each lot, block, tract,
18 or parcel of land lying within the proposed economic
19 development project area. The notice shall be mailed not
20 less than 10 days prior to the dates set for the public
21 hearing. In the event taxes for the last preceding year
22 were not paid, the notice shall also be sent to the
23 persons last listed on the tax rolls within the preceding
24 3 years as the owners of the property.
25 (2) The notices issued pursuant to this Section
26 shall include the following:
27 (A) The time and place of public hearing;
28 (B) The boundaries of the proposed economic
29 development project area by legal description and by
30 street location where possible;
31 (C) A notification that all interested persons
32 will be given an opportunity to be heard at the
33 public hearing;
34 (D) An invitation for any person to submit
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1 alternative proposals or bids for any proposed
2 conveyance, lease, mortgage or other disposition of
3 land within the proposed economic development
4 project area;
5 (E) A description of the economic development
6 plan or economic development project if a plan or
7 project is a subject matter of the hearing; and
8 (F) Such other matters as the county may deem
9 appropriate.
10 (3) Not less than 45 days prior to the date set for
11 hearing, the county shall give notice by mail as provided
12 in this subsection (c) to all taxing districts of which
13 taxable property is included in the economic development
14 project area, and to the Department. In addition to the
15 other requirements under this subsection (c), the notice
16 shall include an invitation to the Department and each
17 taxing district to submit comments to the county
18 concerning the subject matter of the hearing prior to the
19 date of the hearing.
20 (d) At the public hearing any interested person, the
21 Department or any affected taxing district may file written
22 objections with the county clerk and may be heard orally with
23 respect to any issues embodied in the notice. The county
24 shall hear and determine all alternate proposals or bids for
25 any proposed conveyance, lease, mortgage or other disposition
26 of land and all protests and objections at the hearing, and
27 the hearing may be adjourned to another date without further
28 notice other than a motion to be entered upon the minutes
29 fixing the time and place of the adjourned hearing. Public
30 hearings with regard to an economic development plan,
31 economic development project area, or economic development
32 project may be held simultaneously.
33 (e) At the public hearing, or at any time prior to the
34 adoption by the county of an ordinance approving an economic
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1 development plan, the county may make changes in the economic
2 development plan. Changes which (1) alter the exterior
3 boundaries of the proposed economic development project area,
4 (2) substantially affect the general land uses established in
5 the proposed economic development plan, (3) substantially
6 change the nature of the proposed economic development plan,
7 (4) change the general description of any proposed developer,
8 user or tenant of any property to be located or improved
9 within the economic development project area, or (5) change
10 the description of the type, class and number of employees to
11 be employed in the operation of the facilities to be
12 developed or improved within the economic development project
13 area shall be made only after review by joint review board,
14 notice and hearing pursuant to the procedures set forth in
15 this Section. Changes which do not (1) alter the exterior
16 boundaries of a proposed economic development project area,
17 (2) substantially affect the general land uses established in
18 the proposed plan, (3) substantially change the nature of the
19 proposed economic development plan, (4) change the general
20 description of any proposed developer, user or tenant of any
21 property to be located or improved within the economic
22 development project area, or (5) change the description of
23 the type, class and number of employees to be employed in the
24 operation of the facilities to be developed or improved
25 within the economic development project area may be made
26 without further notice or hearing, provided that the county
27 shall give notice of its changes by mail to the Department
28 and to each affected taxing district and by publication in a
29 newspaper or newspapers of general circulation with the
30 affected taxing districts. Such notice by mail and by
31 publication shall each occur not later than 10 days following
32 the adoption by ordinance of such changes.
33 (f) At any time within 90 days of the final adjournment
34 of the public hearing, a county may, by ordinance, approve
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1 the economic development plan, establish the economic
2 development project area, and authorize property tax
3 allocation financing for such economic development project
4 area. Any ordinance adopted which approves the economic
5 development plan shall contain findings that the economic
6 development project is reasonably expected to create or
7 retain not less than 500 1,000 full-time equivalent jobs,
8 that private investment in an amount not less than
9 $25,000,000 $50,000,000 is reasonably expected to occur in
10 the economic development project area, that the economic
11 development project will encourage the increase of commerce
12 and industry within the State, thereby reducing the evils
13 attendant upon unemployment and increasing opportunities for
14 personal income, and that the economic development project
15 will increase or maintain the property, sales and income tax
16 bases of the county and of the State. The ordinance shall
17 also state that the economic development project area shall
18 not include parcels to be used for purposes of residential
19 development. Any ordinance adopted which establishes an
20 economic development project area shall contain the
21 boundaries of such area by legal description and, where
22 possible, by street location. Any ordinance adopted which
23 authorizes property tax allocation financing shall provide
24 that the ad valorem taxes, if any, arising from the levies
25 upon taxable real property in such economic development
26 project area by taxing districts and tax rates determined in
27 the manner provided in subsection (b) of Section 6 of this
28 Act each year after the effective date of the ordinance until
29 economic development project costs and all county obligations
30 financing economic development project costs incurred under
31 this Act have been paid shall be divided as follows:
32 (1) That portion of taxes levied upon each taxable
33 lot, block, tract or parcel of real property which is
34 attributable to the lower of the current equalized
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1 assessed value or the initial equalized assessed value of
2 each such taxable lot, block, tract or parcel of real
3 property in the economic development project area shall
4 be allocated to, and when collected, shall be paid by the
5 county collector to the respective affected taxing
6 districts in the manner required by law in the absence of
7 the adoption of property tax allocation financing.
8 (2) That portion, if any, of such taxes which is
9 attributable to the increase in the current equalized
10 assessed valuation of each taxable lot, block, tract or
11 parcel of real property in the economic development
12 project area over and above the initial equalized
13 assessed value of each property in the economic
14 development project area shall be allocated to and when
15 collected shall be paid to the county treasurer who shall
16 deposit those taxes into a special fund called the
17 special tax allocation fund of the county for the purpose
18 of paying economic development project costs and
19 obligations incurred in the payment thereof.
20 (g) After a county has by ordinance approved an economic
21 development plan and established an economic development
22 project area, the plan may be amended and the boundaries of
23 the area may be altered only as herein provided. Amendments
24 which (1) alter the exterior boundaries of an economic
25 development project area, (2) substantially affect the
26 general land uses established pursuant to the economic
27 development plan, (3) substantially change the nature of the
28 economic development plan, (4) change the general description
29 of any proposed developer, user, or tenant of any property to
30 be located or improved within the economic development
31 project area, or (5) change the description of the type,
32 class and number of employees to be employed in the
33 operation of the facilities to be developed or improved shall
34 be made only after review by a joint review board, notice and
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1 hearing pursuant to the procedures set forth in this Section.
2 Amendments which do not (1) alter the exterior boundaries of
3 an economic development project area, (2) substantially
4 affect the general land uses established in the economic
5 development plan, (3) substantially change the nature of the
6 economic development plan, (4) change the 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 hearing
13 or notice, provided that the county shall give notice of any
14 amendment by mail to the Department and to each taxing
15 district and by publication in a newspaper or newspapers of
16 general circulation within the affected taxing districts.
17 Such notices by mail and by publication shall each occur not
18 later than 10 days following the adoption by ordinance of
19 such amendments.
20 (h) After the adoption of an ordinance adopting property
21 tax allocation financing for an economic development project
22 area, the county shall annually report to each taxing
23 district having taxable property within such economic
24 development project area (i) any increase or decrease in the
25 equalized assessed value of the real property located within
26 such economic development project area above or below the
27 initial equalized assessed value of such real property, (ii)
28 that portion, if any, of the ad valorem taxes arising from
29 the levies upon taxable real property in such economic
30 development project area by the taxing districts which is
31 attributable to the increase in the current equalized
32 assessed valuation of each lot, block, tract or parcel of
33 real property in the economic development project area over
34 and above the initial equalized value of each property and
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1 which has been allocated to the county in the current year,
2 and (iii) such other information as the county may deem
3 relevant.
4 (i) The county shall give notice by mail as provided in
5 this Section and shall reconvene the joint review board not
6 less than annually for each of the 2 years following its
7 adoption of an ordinance adopting property tax allocation
8 financing for an economic development project area and not
9 less than once in each 3-year period thereafter. The county
10 shall provide such information, and may provide
11 administrative support and facilities as the joint review
12 board may reasonably require for each of such meetings.
13 (Source: P.A. 86-1388.)
14 (55 ILCS 85/5) (from Ch. 34, par. 7005)
15 Sec. 5. Submission to Department; certification by
16 Department.
17 (a) The county shall submit certified copies of any
18 ordinances adopted approving a proposed economic development
19 plan, establishing an economic development project area, and
20 authorizing tax increment allocation financing to the
21 Department, together with (1) a map of the economic
22 development project area, (2) a copy of the economic
23 development plan as approved, (3) an analysis, and any
24 supporting documents and statistics, demonstrating that the
25 economic development project is reasonably expected to create
26 or retain not less than 500 1,000 full-time equivalent jobs
27 and that private investment in the amount of not less than
28 $25,000,000 $50,000,000 is reasonably expected to occur in
29 the economic development project area, (4) an estimate of the
30 economic impact of the economic development plan and the use
31 of property tax allocation financing upon the revenues of the
32 county and the affected taxing districts, (5) a record of all
33 public hearings held in connection with the establishment of
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1 the economic development project area, and (6) such other
2 information as the Department by regulation may require.
3 (b) Upon receipt of an application from a county the
4 Department shall review the application to determine whether
5 the economic development project area qualifies as an
6 economic development project area under this Act. At its
7 discretion, the Department may accept or reject the
8 application or may request such additional information as it
9 deems necessary or advisable to aid its review. If any such
10 area is found to be qualified to be an economic development
11 project area, the Department shall approve and certify such
12 economic development project area and shall provide written
13 notice of its approval and certification to the county and to
14 the county clerk. In determining whether an economic
15 development project area shall be approved and certified, the
16 Department shall consider (1) whether, without public
17 intervention, the State would suffer substantial economic
18 dislocation, such as relocation of a commercial business or
19 industrial or manufacturing facility to another state,
20 territory or country, or would not otherwise benefit from
21 private investment offering substantial employment
22 opportunities and economic growth, and (2) the impact on the
23 revenues of the county and the affected taxing districts of
24 the use of tax increment allocation financing in connection
25 with the economic development project.
26 (c) On or before July 1, 2006 1994, the Department shall
27 submit to the General Assembly a report detailing the number
28 of economic development project areas it has approved and
29 certified, the number and type of jobs created or retained
30 therein, the aggregate amount of private investment therein,
31 the impact in the revenues of counties and affected taxing
32 districts of the use of property tax allocation financing
33 therein, and such additional information as the Department
34 may determine to be relevant. On July 1, 2008 1996 the
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1 authority granted hereunder to counties to establish economic
2 development project areas and to adopt property tax
3 allocation financing in connection therewith and to the
4 Department to approve and certify economic development
5 project areas shall expire unless the General Assembly shall
6 have authorized counties and the Department to continue to
7 exercise the powers granted to them under this Act.
8 (Source: P.A. 87-18; 88-688, eff. 1-24-95.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.
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