Sen. Todd Sieben
Filed: 4/29/2004
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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 | Property
Tax Allocation Act is amended by changing Sections 4 | ||||||
6 | and 5 as follows:
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7 | (55 ILCS 85/4) (from Ch. 34, par. 7004)
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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:
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13 | (a) After the effective date of this amendatory Act of the | ||||||
14 | 93rd General Assembly, the
The corporate authorities of | ||||||
15 | Whiteside County may by ordinance propose the establishment of | ||||||
16 | an economic
development project area and fix a time and place | ||||||
17 | for a public hearing, and
shall submit a certified copy of the | ||||||
18 | ordinance as adopted to the Department.
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19 | (a-5) The corporate authorities of Stephenson County may by | ||||||
20 | ordinance propose the establishment of an economic development | ||||||
21 | project area and fix a time and place for a public hearing, and | ||||||
22 | shall submit a certified copy of the ordinance as adopted to | ||||||
23 | the Department.
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24 | (b) Any county which adopts an ordinance which fixes a |
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1 | date, time and
place for a public hearing shall convene a joint | ||||||
2 | review board as
hereinafter provided. Not less than 45 days | ||||||
3 | prior to the date fixed for
the public hearing, the county | ||||||
4 | shall give notice by mailing to the chief
executive officer of | ||||||
5 | each affected taxing district having taxable property
included | ||||||
6 | in the proposed economic development project area that such | ||||||
7 | chief
executive officer or his designee is invited to | ||||||
8 | participate in a joint
review board. The designee shall serve | ||||||
9 | at the discretion of the chief
executive officer of the taxing | ||||||
10 | district for a term not to exceed 2 years.
Such notice shall | ||||||
11 | advise each chief executive officer of the date, time and
place | ||||||
12 | of the first meeting of such joint review board, which shall | ||||||
13 | occur
not less than 30 days prior to the date of the public | ||||||
14 | hearing. Such notice
by mail shall be given by depositing such | ||||||
15 | notice in the United States
Postal Service by certified mail.
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16 | At or prior to the first meeting of such joint review board | ||||||
17 | the county
shall furnish to any member of such joint review | ||||||
18 | board copies of the
proposed economic development plan and any | ||||||
19 | related documents which such
member shall reasonably request. A | ||||||
20 | majority of the members of such joint
review board present at | ||||||
21 | any meeting shall constitute a quorum. Additional
meetings may | ||||||
22 | be called by any member of a joint review board upon the
giving | ||||||
23 | of notice not less than 72 hours prior to the date of any | ||||||
24 | additional
meeting to all members of the joint review board. | ||||||
25 | The joint review board
shall review such information and | ||||||
26 | material as its members reasonably deem
relevant to the | ||||||
27 | county's proposals to approve economic development plans
and | ||||||
28 | economic development projects and to designate economic | ||||||
29 | development
project areas. The county shall provide such | ||||||
30 | information and material
promptly upon the request of the joint | ||||||
31 | review board and may also provide
administrative support and | ||||||
32 | facilities as the joint review board may
reasonably require.
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33 | Within 30 days of its first meeting, a joint review board | ||||||
34 | shall provide
the county with a written report of its review of |
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1 | any proposal to approve
an economic development plan and | ||||||
2 | economic development project and to
designate an economic | ||||||
3 | development project area. Such written report shall
include | ||||||
4 | such information and advisory, nonbinding recommendations as a
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5 | majority of the members of the joint review board shall deem | ||||||
6 | relevant.
Written reports of joint review boards may include | ||||||
7 | information and
advisory, nonbinding recommendations provided | ||||||
8 | by a minority of the members
thereof. Any joint review board | ||||||
9 | which does not provide such written report
within such 30-day | ||||||
10 | period shall be deemed to have recommended that the
county | ||||||
11 | proceed with a proposal to approve an economic development plan | ||||||
12 | and
economic development project and to designate an economic | ||||||
13 | development
project area.
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14 | (c) Notice of the public hearing shall be given by | ||||||
15 | publication and
mailing.
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16 | (1) Notice by publication shall be given by publication | ||||||
17 | at least
twice, the first publication to be not more than | ||||||
18 | 30 nor less than 10 days
prior to the hearing in a | ||||||
19 | newspaper of general circulation within the
taxing | ||||||
20 | districts having property in the proposed economic | ||||||
21 | development
project area. Notice by mailing shall be given | ||||||
22 | by depositing such notice
together with a copy of the | ||||||
23 | proposed economic development plan in the
United States | ||||||
24 | Postal Service by certified mail addressed to the person or
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25 | persons in whose name the general taxes for the last | ||||||
26 | preceding year were
paid on each lot, block, tract, or | ||||||
27 | parcel of land lying within the proposed
economic | ||||||
28 | development project area. The notice shall be mailed not | ||||||
29 | less
than 10 days prior to the dates set for the public | ||||||
30 | hearing. In the event
taxes for the last preceding year | ||||||
31 | were not paid, the notice shall also be
sent to the persons | ||||||
32 | last listed on the tax rolls within the preceding 3
years | ||||||
33 | as the owners of the property.
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34 | (2) The notices issued pursuant to this Section shall |
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1 | include the
following:
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2 | (A) The time and place of public hearing;
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3 | (B) The boundaries of the proposed economic | ||||||
4 | development project area
by legal description and by | ||||||
5 | street location where possible;
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6 | (C) A notification that all interested persons | ||||||
7 | will be given an
opportunity to be heard at the public | ||||||
8 | hearing;
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9 | (D) An invitation for any person to submit | ||||||
10 | alternative proposals or bids
for any proposed | ||||||
11 | conveyance, lease, mortgage or other disposition of | ||||||
12 | land
within the proposed economic development project | ||||||
13 | area;
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14 | (E) A description of the economic development plan | ||||||
15 | or economic
development project if a plan or project is | ||||||
16 | a subject matter of the
hearing; and
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17 | (F) Such other matters as the county may deem | ||||||
18 | appropriate.
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19 | (3) Not less than 45 days prior to the date set for | ||||||
20 | hearing, the county
shall give notice by mail as provided | ||||||
21 | in this subsection (c) to all taxing
districts of which | ||||||
22 | taxable property is included in the economic development
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23 | project area, and to the Department. In addition to the | ||||||
24 | other requirements
under this subsection (c), the notice | ||||||
25 | shall include an invitation to the
Department and each | ||||||
26 | taxing district to submit comments to the county
concerning | ||||||
27 | the subject matter of the hearing prior to the date of the | ||||||
28 | hearing.
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29 | (d) At the public hearing any interested person, the | ||||||
30 | Department or any
affected taxing district may file written | ||||||
31 | objections with the county clerk
and may be heard orally with | ||||||
32 | respect to any issues embodied in the notice.
The county shall | ||||||
33 | hear and determine all alternate proposals or bids for any
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34 | proposed conveyance, lease, mortgage or other disposition of |
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1 | land and all
protests and objections at the hearing, and the | ||||||
2 | hearing may be adjourned to
another date without further notice | ||||||
3 | other than a motion to be entered upon
the minutes fixing the | ||||||
4 | time and place of the adjourned hearing. Public
hearings with | ||||||
5 | regard to an economic development plan, economic development
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6 | project area, or economic development project may be held | ||||||
7 | simultaneously.
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8 | (e) At the public hearing, or at any time prior to the | ||||||
9 | adoption by the
county of an ordinance approving an economic | ||||||
10 | development plan, the county
may make changes in the economic | ||||||
11 | development plan. Changes which (1) alter
the exterior | ||||||
12 | boundaries of the proposed economic development project area,
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13 | (2) substantially affect the general land uses established in | ||||||
14 | the proposed
economic development plan, (3) substantially | ||||||
15 | change the nature of the
proposed economic development plan, | ||||||
16 | (4) change the general description
of any proposed developer, | ||||||
17 | user or tenant of any property to be located or
improved within | ||||||
18 | the economic development project area, or (5) change the
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19 | description of the type, class and number of employees to be | ||||||
20 | employed in
the operation of the facilities to be developed or | ||||||
21 | improved within the
economic development project area shall be | ||||||
22 | made only after review by joint
review board, notice and | ||||||
23 | hearing pursuant to the procedures set forth in
this Section. | ||||||
24 | Changes which do not (1) alter the exterior boundaries of a
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25 | proposed economic development project area, (2) substantially | ||||||
26 | affect the
general land uses established in the proposed plan, | ||||||
27 | (3) substantially
change the nature of the proposed economic | ||||||
28 | development plan, (4) change the
general description of any | ||||||
29 | proposed developer, user or tenant of any
property to be | ||||||
30 | located or improved within the economic development project
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31 | area, or (5) change the description of the type, class and | ||||||
32 | number of
employees to be employed in the operation of the | ||||||
33 | facilities to be developed
or improved within the economic | ||||||
34 | development project area may be made
without further notice or |
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1 | hearing, provided that the county shall give
notice of its | ||||||
2 | changes by mail to the Department and to each affected taxing
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3 | district and by publication in a newspaper or newspapers of | ||||||
4 | general
circulation with the affected taxing districts. Such | ||||||
5 | notice by mail and by
publication shall each occur not later | ||||||
6 | than 10 days following the adoption
by ordinance of such | ||||||
7 | changes.
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8 | (f) At any time within 90 days of the final adjournment
of | ||||||
9 | the public hearing, a county may, by ordinance, approve the | ||||||
10 | economic
development plan, establish the economic development | ||||||
11 | project area, and
authorize property tax allocation financing | ||||||
12 | for such economic development
project area. Any ordinance | ||||||
13 | adopted by Whiteside County which approves the economic
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14 | development plan shall contain findings that the economic | ||||||
15 | development
project is reasonably expected to create or retain | ||||||
16 | not less than 500
full-time equivalent jobs, that private | ||||||
17 | investment in an amount not less
than $25,000,000 is reasonably | ||||||
18 | expected to occur in the
economic
development project area, | ||||||
19 | that the economic development project will
encourage the | ||||||
20 | increase of commerce and industry within the State, thereby
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21 | reducing the evils attendant upon unemployment and increasing | ||||||
22 | opportunities
for personal income, and that the economic | ||||||
23 | development project will
increase or maintain the property, | ||||||
24 | sales and income tax bases of the county
and of the State.
Any | ||||||
25 | ordinance adopted by Stephenson County on or after January 1, | ||||||
26 | 2005 that approves the economic development plan shall contain | ||||||
27 | findings that (i) the economic development project is | ||||||
28 | reasonably expected to create or retain not less than 500 | ||||||
29 | full-time equivalent jobs; (ii) private investment in an amount | ||||||
30 | not less than $10,000,000 is reasonably expected to occur in | ||||||
31 | the economic development area; (iii) the economic development | ||||||
32 | project will encourage the increase of commerce and industry | ||||||
33 | within the State, thereby reducing the evils attendant upon | ||||||
34 | unemployment and increasing opportunities for personal income; |
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1 | and (iv) the economic development project will increase or | ||||||
2 | maintain the property, sales, and income tax bases of the | ||||||
3 | county and of the State. The ordinance shall also state that | ||||||
4 | the economic development project area
shall not include parcels | ||||||
5 | to be used for purposes of residential
development.
Any | ||||||
6 | ordinance adopted which establishes an economic
development | ||||||
7 | project area shall contain the boundaries of such area by legal
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8 | description and, where possible, by street location. Any | ||||||
9 | ordinance adopted
which authorizes property tax allocation | ||||||
10 | financing shall provide that the
ad valorem taxes, if any, | ||||||
11 | arising from the levies upon taxable real
property in such | ||||||
12 | economic development project area by taxing districts and
tax | ||||||
13 | rates determined in the manner provided in subsection (b) of | ||||||
14 | Section 6
of this Act each year after the effective date of the | ||||||
15 | ordinance until
economic development project costs and all | ||||||
16 | county obligations financing
economic development project | ||||||
17 | costs incurred under this Act have been paid
shall be divided | ||||||
18 | as follows:
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19 | (1) That portion of taxes levied upon each taxable lot, | ||||||
20 | block, tract or
parcel of real property which is | ||||||
21 | attributable to the lower of the current
equalized assessed | ||||||
22 | value or the initial equalized assessed value of each
such | ||||||
23 | taxable lot, block, tract or parcel of real property in the | ||||||
24 | economic
development project area shall be allocated to, | ||||||
25 | and when collected, shall
be paid by the county collector | ||||||
26 | to the respective affected taxing districts
in the manner | ||||||
27 | required by law in the absence of the adoption of property | ||||||
28 | tax
allocation financing.
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29 | (2) That portion, if any, of such taxes which is | ||||||
30 | attributable to the
increase in the current equalized | ||||||
31 | assessed valuation of each taxable lot,
block, tract or | ||||||
32 | parcel of real property in the economic development project
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33 | area over and above the initial equalized assessed value of | ||||||
34 | each property
in the economic development project area |
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1 | shall be allocated to and when
collected shall be paid to | ||||||
2 | the county treasurer who shall deposit those
taxes into a | ||||||
3 | special fund called the special tax allocation fund of the
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4 | county for the purpose of paying economic development | ||||||
5 | project costs and
obligations incurred in the payment | ||||||
6 | thereof.
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7 | (g) After a county has by ordinance approved an economic | ||||||
8 | development plan
and established an economic development | ||||||
9 | project area, the plan may be
amended and the boundaries of the | ||||||
10 | area may be altered only as herein
provided. Amendments which | ||||||
11 | (1) alter the exterior boundaries of an
economic development | ||||||
12 | project area, (2) substantially affect the general
land uses | ||||||
13 | established pursuant to the economic development plan, (3)
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14 | substantially change the nature of the economic development | ||||||
15 | plan, (4)
change the general description of any proposed | ||||||
16 | developer, user, or tenant
of any property to be located or | ||||||
17 | improved within the economic development
project area, or (5) | ||||||
18 | change the description of the type, class and number
of | ||||||
19 | employees to be employed in the operation of the facilities to | ||||||
20 | be
developed or improved shall be made only after review by a | ||||||
21 | joint review
board, notice and hearing pursuant to the | ||||||
22 | procedures set forth in this
Section. Amendments which do not | ||||||
23 | (1) alter the exterior boundaries of an
economic development | ||||||
24 | project area, (2) substantially affect the general
land uses | ||||||
25 | established in the economic development plan, (3) | ||||||
26 | substantially
change the nature of the economic development | ||||||
27 | plan, (4) change the
description of any proposed developer, | ||||||
28 | user, or tenant of any property to
be located or improved | ||||||
29 | within the economic development project area, or (5)
change the | ||||||
30 | description of the type, class and number of employees to be
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31 | employed in the operation of the facilities to be developed or | ||||||
32 | improved
within the economic development project area may be | ||||||
33 | made without further
hearing or notice, provided that the | ||||||
34 | county shall give notice of any
amendment by mail to the |
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1 | Department and to each taxing district and by
publication in a | ||||||
2 | newspaper or newspapers of general circulation within the
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3 | affected taxing districts. Such notices by mail and by | ||||||
4 | publication shall
each occur not later than 10 days following | ||||||
5 | the adoption by ordinance of
such amendments.
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6 | (h) After the adoption of an ordinance adopting property | ||||||
7 | tax allocation
financing for an economic development project | ||||||
8 | area, the county
shall annually report to each taxing district | ||||||
9 | having taxable property
within such economic development | ||||||
10 | project area (i) any increase or decrease
in the equalized | ||||||
11 | assessed value of the real property located within such
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12 | economic development project area above or below the initial | ||||||
13 | equalized
assessed value of such real property, (ii) that | ||||||
14 | portion, if any, of the ad
valorem taxes arising from the | ||||||
15 | levies upon taxable real property in such
economic development | ||||||
16 | project area by the taxing districts which is
attributable to | ||||||
17 | the increase in the current equalized assessed valuation of
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18 | each lot, block, tract or parcel of real property in the | ||||||
19 | economic
development project area over and above the initial | ||||||
20 | equalized value of each
property and which has been allocated | ||||||
21 | to the county in the current year,
and (iii) such other | ||||||
22 | information as the county may deem relevant.
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23 | (i) The county shall give notice by mail as provided in | ||||||
24 | this Section and
shall reconvene the joint review board not | ||||||
25 | less than annually for each of
the 2 years following its | ||||||
26 | adoption of an ordinance adopting property tax
allocation | ||||||
27 | financing for an economic development project area and not less
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28 | than once in each 3-year period thereafter. The county shall | ||||||
29 | provide such
information, and may provide administrative | ||||||
30 | support and facilities as the
joint review board may reasonably | ||||||
31 | require for each of such meetings.
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32 | (Source: P.A. 92-791, eff. 8-6-02.)
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33 | (55 ILCS 85/5) (from Ch. 34, par. 7005)
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1 | Sec. 5. Submission to Department; certification by | ||||||
2 | Department.
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3 | (a) The county shall submit certified copies of any | ||||||
4 | ordinances adopted
approving a proposed economic development | ||||||
5 | plan, establishing an economic
development project area, and | ||||||
6 | authorizing tax increment allocation
financing to the | ||||||
7 | Department, together with (1) a map of the economic
development | ||||||
8 | project area, (2) a copy of the economic development plan as
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9 | approved, (3) an analysis, and any supporting documents and | ||||||
10 | statistics,
demonstrating (i) that the economic development | ||||||
11 | project is reasonably expected
to create or retain not less | ||||||
12 | than 500 full-time equivalent jobs
and (ii) that
private | ||||||
13 | investment in the amount of not less than $25,000,000 for all | ||||||
14 | ordinances adopted by Whiteside County and in the amount of not | ||||||
15 | less than $10,000,000 for any ordinance adopted by Stephenson | ||||||
16 | County on or after January 1, 2005 is reasonably
expected to | ||||||
17 | occur in the economic development project area , (4) an | ||||||
18 | estimate
of the economic impact of the economic development | ||||||
19 | plan and the use of
property tax allocation financing upon the | ||||||
20 | revenues of the county and the
affected taxing districts, (5) a | ||||||
21 | record of all public hearings held in
connection with the | ||||||
22 | establishment of the economic development project area,
and (6) | ||||||
23 | such other information as the Department by regulation may | ||||||
24 | require.
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25 | (b) Upon receipt of an application from a county the | ||||||
26 | Department shall
review the application to determine whether | ||||||
27 | the economic development
project area qualifies as an economic | ||||||
28 | development project area under this
Act. At its discretion, the | ||||||
29 | Department may accept or reject the application
or may request | ||||||
30 | such additional information as it deems necessary or
advisable | ||||||
31 | to aid its review. If any such area is found to be qualified to
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32 | be an economic development project area, the Department shall | ||||||
33 | approve and
certify such economic development project area and | ||||||
34 | shall provide written
notice of its approval and certification |
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1 | to the county and to the county
clerk. In determining whether | ||||||
2 | an economic development project area shall be
approved and | ||||||
3 | certified, the Department shall consider (1) whether, without
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4 | public intervention, the State would suffer substantial | ||||||
5 | economic
dislocation, such as relocation of a commercial | ||||||
6 | business or industrial or
manufacturing facility to another | ||||||
7 | state, territory or country, or would not
otherwise benefit | ||||||
8 | from private investment offering substantial employment
| ||||||
9 | opportunities and economic growth, and (2) the impact on the | ||||||
10 | revenues of
the county and the affected taxing districts of the | ||||||
11 | use of tax increment
allocation financing in connection with | ||||||
12 | the economic development project.
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13 | (c) On or before July 1, 2007
2006 , the Department shall | ||||||
14 | submit to
the
General Assembly a report detailing the number of | ||||||
15 | economic development
project areas it has approved and | ||||||
16 | certified, the number and type of jobs
created or retained | ||||||
17 | therein, the aggregate amount of private investment
therein, | ||||||
18 | the impact in the revenues of counties and affected taxing
| ||||||
19 | districts of the use of property tax allocation financing | ||||||
20 | therein, and such
additional information as the Department may | ||||||
21 | determine to be relevant. On
July 1, 2008 the authority granted | ||||||
22 | hereunder to counties to
establish
economic development | ||||||
23 | project areas and to adopt property tax allocation
financing in | ||||||
24 | connection therewith and to the Department to approve and
| ||||||
25 | certify economic development project areas shall expire unless | ||||||
26 | the General
Assembly shall have authorized counties and the | ||||||
27 | Department to continue to
exercise the powers granted to them | ||||||
28 | under this Act.
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29 | (Source: P.A. 92-791, eff. 8-6-02.)
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30 | Section 99. Effective date. This Act takes effect upon | ||||||
31 | becoming law.".
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