Revenue Committee
Filed: 3/4/2004
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1 | AMENDMENT TO HOUSE BILL 6583
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2 | AMENDMENT NO. ______. Amend House Bill 6583 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The County Economic Development Project Area | ||||||
5 | Tax Increment
Allocation Act of 1991 is amended by changing | ||||||
6 | Section 10 as follows:
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7 | (55 ILCS 90/10) (from Ch. 34, par. 8010)
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8 | Sec. 10. Definitions. In this Act , words or terms have the
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9 | following meanings :
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10 | (a) "Economic development plan" means the written plan of
a | ||||||
11 | county that sets forth an economic development program for an | ||||||
12 | economic
development project area. Each economic development | ||||||
13 | plan shall include but
not be limited to (i) estimated economic | ||||||
14 | development project costs, (ii)
the sources of funds to pay | ||||||
15 | those costs, (iii) the nature and term of any
obligations to be | ||||||
16 | issued by the county to pay those costs,
(iv) the most recent | ||||||
17 | equalized assessed valuation of the economic
development | ||||||
18 | project area, (v) an estimate of the equalized assessed
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19 | valuation of the economic development project area after | ||||||
20 | completion of an
economic development project, (vi) the | ||||||
21 | estimated date of completion of any
economic development | ||||||
22 | project proposed to be undertaken, (vii) a general
description | ||||||
23 | of any proposed developer, user, or tenant of any property to
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24 | be located or improved within the economic development project |
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1 | area, (viii)
a description of the type, structure, and general | ||||||
2 | character of the
facilities to be developed or improved, (ix) a | ||||||
3 | report, which may be in
preliminary form, of an independent | ||||||
4 | engineer, architect, or other
professional indicating that any | ||||||
5 | proposed manufacturing, industrial,
research, or similar | ||||||
6 | facility included in a proposed economic development
project | ||||||
7 | for a proposed economic development project area uses proven
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8 | technology or uses innovative technology for which there is | ||||||
9 | reasonable
evidence of technological feasibility, (x) a | ||||||
10 | description of the general land
uses to apply in the economic | ||||||
11 | development project area, (xi) a description
of the type, | ||||||
12 | class, and number of employees to be employed in the operation
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13 | of the facilities to be developed or improved, and (xii) a | ||||||
14 | commitment by the
county to fair employment practices and an | ||||||
15 | affirmative
action plan with respect to any economic | ||||||
16 | development program to be
undertaken by the county.
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17 | (b) "Economic development project" means any development | ||||||
18 | project in
furtherance of the objectives of this Act.
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19 | (c) "Economic development project area" means any improved | ||||||
20 | or vacant
area that (i) is located in a county of significant | ||||||
21 | unemployment as defined
in subsection (e) of this Section, (ii) | ||||||
22 | is contiguous, (iii) is not less in
the aggregate than 5000 | ||||||
23 | acres, (iv) is suitable for siting by a commercial,
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24 | manufacturing, industrial, research, or transportation | ||||||
25 | enterprise or
facilities to include but not be limited to | ||||||
26 | commercial businesses, offices,
factories, mills, processing | ||||||
27 | plants, industrial or commercial distribution
centers, | ||||||
28 | warehouses, repair overhaul or service facilities, freight
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29 | terminals, research facilities, test facilities, or | ||||||
30 | transportation
facilities, regardless of whether the area has | ||||||
31 | been used at any time for
those facilities and regardless of | ||||||
32 | whether the area has been used or is
suitable for other uses, | ||||||
33 | including commercial agricultural purposes, and
(v) has been | ||||||
34 | approved and certified by the corporate authorities of the
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1 | county pursuant to this Act.
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2 | (d) "Economic development project costs" means and | ||||||
3 | includes the total
of all reasonable or necessary costs | ||||||
4 | incurred or to be incurred by a
county or by a nongovernmental | ||||||
5 | person pursuant to an
economic development project, including, | ||||||
6 | without limitation, the following:
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7 | (1) Costs of studies, surveys, development of plans and
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8 | specifications, and implementation and administration of | ||||||
9 | an economic
development plan and personnel and | ||||||
10 | professional service costs for
architectural, engineering, | ||||||
11 | legal, marketing, financial, planning, police,
fire, | ||||||
12 | public works, or other services. No charges for | ||||||
13 | professional
services, however, may be based on a | ||||||
14 | percentage of incremental tax revenues.
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15 | (2) Property assembly costs within an economic | ||||||
16 | development project
area, including but not limited to | ||||||
17 | acquisition of land and other real or
personal property or | ||||||
18 | rights or interests in property.
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19 | (3) Site preparation costs, including but not limited | ||||||
20 | to clearance of
any area within an economic development | ||||||
21 | project area by demolition or
removal of any existing | ||||||
22 | buildings, structures, fixtures, utilities, and
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23 | improvements and clearing and grading; and including | ||||||
24 | installation, repair,
construction, reconstruction, or | ||||||
25 | relocation of public streets, public
utilities, and other | ||||||
26 | public site improvements located outside the boundaries
of | ||||||
27 | an economic development project area that are essential to | ||||||
28 | the
preparation of the economic development project area | ||||||
29 | for use in accordance
with an economic development plan.
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30 | (4) Costs of renovation, rehabilitation, | ||||||
31 | reconstruction, relocation,
repair, or remodeling of any | ||||||
32 | existing buildings, improvements, and fixtures
within an | ||||||
33 | economic development project area.
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34 | (5) Costs of installation or construction within an |
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1 | economic
development project area of any buildings, | ||||||
2 | structures, works, streets,
improvements, utilities, or | ||||||
3 | fixtures, whether publicly or privately owned
or operated.
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4 | (6) Financing costs, including but not limited to all | ||||||
5 | necessary and
incidental expenses related to the issuance | ||||||
6 | of obligations, payment of any
interest on any obligations | ||||||
7 | issued under this Act that accrues during the
estimated | ||||||
8 | period of construction of any economic development project | ||||||
9 | for
which the obligations are issued and for not more than | ||||||
10 | 36 months
after that period, and any reasonable reserves | ||||||
11 | related to the issuance
of the obligations.
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12 | (7) All or a portion of a taxing district's capital | ||||||
13 | costs resulting
from an economic development project | ||||||
14 | necessarily incurred or estimated to
be incurred by a | ||||||
15 | taxing district in the furtherance of the objectives of an
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16 | economic development project, to the extent that the county | ||||||
17 | by written
agreement accepts and approves those costs.
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18 | (8) Relocation costs to the extent that a county
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19 | determines that relocation costs shall be paid or is | ||||||
20 | required to pay
relocation costs by federal or State law.
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21 | (9) The estimated tax revenues from real property in an | ||||||
22 | economic
development project area acquired by a county | ||||||
23 | that, according to the
economic development plan, is to be | ||||||
24 | used for a private use (i) that any
taxing district would | ||||||
25 | have received had the county not adopted tax
increment | ||||||
26 | allocation financing for an economic development project | ||||||
27 | area and
(ii) that would result from the taxing district's | ||||||
28 | levies made after the
time of the adoption by the county of | ||||||
29 | tax increment allocation financing to
the time the current | ||||||
30 | equalized assessed value of real property in the
economic | ||||||
31 | development project area exceeds the total initial | ||||||
32 | equalized value
of real property.
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33 | (10) Costs of rebating ad valorem taxes paid by any | ||||||
34 | developer or other
nongovernmental person in whose name the |
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1 | general taxes were paid for the
last preceding year on any | ||||||
2 | lot, block, tract, or parcel of land in the
economic | ||||||
3 | development project area, provided that:
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4 | (A) the economic development project area is | ||||||
5 | located in an
enterprise zone created under the | ||||||
6 | Illinois Enterprise Zone Act;
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7 | (B) the ad valorem taxes shall be rebated only in | ||||||
8 | amounts and
for a tax year or years as the county and | ||||||
9 | any one or more affected taxing
districts have agreed | ||||||
10 | by prior written agreement;
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11 | (C) any amount of rebate of taxes shall not exceed | ||||||
12 | the portion, if
any, of taxes levied by the county or | ||||||
13 | taxing district or districts that is
attributable to | ||||||
14 | the increase in the current equalized assessed | ||||||
15 | valuation of
each taxable lot, block, tract, or parcel | ||||||
16 | of real property in the economic
development project | ||||||
17 | area over and above the initial equalized assessed
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18 | value of each property existing at the time property | ||||||
19 | tax allocation
financing was adopted for the economic | ||||||
20 | development project area; and
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21 | (D) costs of rebating ad valorem taxes shall be | ||||||
22 | paid by a county
solely from the special tax allocation | ||||||
23 | fund established under this Act and
shall not be paid | ||||||
24 | from the proceeds of any obligations issued by a | ||||||
25 | county.
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26 | (11) Costs of job training or advanced vocational or | ||||||
27 | career education,
including but not limited to courses in | ||||||
28 | occupational, semi-technical, or
technical fields leading | ||||||
29 | directly to employment, incurred by one or more
taxing | ||||||
30 | districts, but only if the costs are related to the | ||||||
31 | establishment
and maintenance of additional job training, | ||||||
32 | advanced vocational education,
or career education | ||||||
33 | programs for persons employed or to be employed by
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34 | employers located in the economic development project area |
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1 | and only if,
when the costs are incurred by a taxing | ||||||
2 | district or taxing districts other
than the county, they | ||||||
3 | shall be set forth in a written agreement by or among
the | ||||||
4 | county and the taxing district or taxing districts that | ||||||
5 | describes the
program to be undertaken, including without | ||||||
6 | limitation the number of
employees to be trained, a | ||||||
7 | description of the training and services to be
provided, | ||||||
8 | the number and type of positions available or to be | ||||||
9 | available,
itemized costs of the program and sources of | ||||||
10 | funds to pay the costs, and
the term of the agreement. | ||||||
11 | These costs include, specifically, the payment
by | ||||||
12 | community college districts of costs pursuant to Sections | ||||||
13 | 3-37, 3-38,
3-40 and 3-40.1 of the Public Community College | ||||||
14 | Act and by school districts
of costs pursuant to Sections | ||||||
15 | 10-22.20 and 10-23.3a of the School Code.
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16 | (12) Private financing costs incurred by a developer or | ||||||
17 | other
nongovernmental person in connection with an | ||||||
18 | economic development
project, provided that:
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19 | (A) private financing costs shall be paid or | ||||||
20 | reimbursed by a
county only pursuant to the prior | ||||||
21 | official action of the county evidencing
an intent to | ||||||
22 | pay or reimburse such private financing costs;
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23 | (B) except as provided in subparagraph (D), the | ||||||
24 | aggregate amount of
the costs paid or reimbursed by a | ||||||
25 | county in any one year shall
not exceed 30% of the | ||||||
26 | costs paid or incurred by the developer or other
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27 | nongovernmental person in that year;
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28 | (C) private financing costs shall be paid or | ||||||
29 | reimbursed by a
county solely from the special tax | ||||||
30 | allocation fund established under this
Act and shall | ||||||
31 | not be paid from the proceeds of any obligations issued | ||||||
32 | by
a county; and
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33 | (D) if there are not sufficient funds available in | ||||||
34 | the special tax
allocation fund in any year to make the |
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1 | payment or reimbursement in full,
any amount of the | ||||||
2 | interest costs remaining to be paid or reimbursed by a
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3 | county shall accrue and be payable when funds are | ||||||
4 | available
in the special tax allocation fund to make | ||||||
5 | the payment.
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6 | (e) "A county with significant unemployment" means a county
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7 | in which the average annual unemployment rate for the previous | ||||||
8 | calendar
year equaled or exceeded 12%. For purposes of this | ||||||
9 | subsection, the
unemployment rate of a county shall be the rate | ||||||
10 | as certified by the
Illinois Department of Employment Security.
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11 | (f) "Obligations" means any instrument evidencing the | ||||||
12 | obligation of a
county to pay money, including without | ||||||
13 | limitation bonds, notes, installment
or financing contracts, | ||||||
14 | certificates, tax anticipation warrants or notes,
vouchers, | ||||||
15 | and any other evidence of indebtedness.
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16 | (g) "Taxing districts" means counties, townships, and | ||||||
17 | school, road,
park, sanitary, mosquito abatement, forest | ||||||
18 | preserve, public health, fire
protection, river conservancy, | ||||||
19 | tuberculosis sanitarium, and any other
districts or other | ||||||
20 | municipal corporations with the power to levy taxes.
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21 | (Source: P.A. 87-1.)".
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