Sen. David Koehler
Filed: 5/23/2008
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1 | AMENDMENT TO HOUSE BILL 4545
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2 | AMENDMENT NO. ______. Amend House Bill 4545 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Illinois Rural Economic Development and Tourism Stimulus Act. | ||||||
6 | Section 10. Purpose. The express purpose of this | ||||||
7 | legislation is to establish a method of enabling the creation | ||||||
8 | of a locally customized program to utilize a palette of | ||||||
9 | economic development incentives already in wide use throughout | ||||||
10 | the State but organized in a unique, locally established | ||||||
11 | district to attract businesses and tourism-related activity to | ||||||
12 | provide stimulation of the local economies of the areas where | ||||||
13 | these districts are formed in order to increase economic | ||||||
14 | development, including jobs and tax revenues of every type, and | ||||||
15 | to improve the quality of life in the areas affected by the | ||||||
16 | unemployment, disinvestment, and population losses that |
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1 | characterize these areas and thereby increase the | ||||||
2 | opportunities for rural Illinois families to remain intact and | ||||||
3 | prosper. | ||||||
4 | Section 15. Definitions. | ||||||
5 | (a) "Special taxing district" means those districts | ||||||
6 | created pursuant to this Act, which are political subdivisions | ||||||
7 | of the State of Illinois. | ||||||
8 | (b) "Board of Directors" means the group of representatives | ||||||
9 | appointed pursuant to the requirements of this Act to serve as | ||||||
10 | a governing body for those districts created pursuant to this | ||||||
11 | Act. | ||||||
12 | Section 20. Enabling authority. The State of Illinois | ||||||
13 | hereby confers to counties the authority to, by majority vote | ||||||
14 | of the county board in which a proposed district would reside, | ||||||
15 | the authority to create certain special taxation districts, | ||||||
16 | which are designed to employ certain economic development | ||||||
17 | incentives currently allowed under State law to address | ||||||
18 | conditions of persistent lack of economic development, chronic | ||||||
19 | underemployment or unemployment, and poverty. | ||||||
20 | Section 25. Requirements. All special taxation districts | ||||||
21 | created pursuant to this Act shall first meet the following | ||||||
22 | economic and employment criteria before they are eligible for | ||||||
23 | consideration and approval by the county board of the county in |
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1 | which the district is proposed to be located: | ||||||
2 | (1) the median income or wage within the county is | ||||||
3 | equal to or less than 60% of the State median; | ||||||
4 | (2) unemployment levels within the county are equal to | ||||||
5 | or greater than 25% of the State median; | ||||||
6 | (3) the percentage of county population living below | ||||||
7 | the poverty level is more than 25% higher than the State | ||||||
8 | average; and | ||||||
9 | (4) the area consists of at least 1,000 acres within | ||||||
10 | the county seeking to institute such a district but lying | ||||||
11 | outside of the corporate limits of any municipality. | ||||||
12 | Notwithstanding any other law to the contrary, territory | ||||||
13 | within a special taxing district created by this Act may not be | ||||||
14 | annexed by another political subdivision of the State and is | ||||||
15 | not subject to extra-territorial applications of existing | ||||||
16 | municipal law. | ||||||
17 | Section 30. Board makeup. | ||||||
18 | (a) A District created by this Act shall be governed by a | ||||||
19 | Board of Directors consisting of 3 members appointed by the | ||||||
20 | county board of the county in which the district is situated. | ||||||
21 | Members must be residents of that county. Of the initial | ||||||
22 | members appointed pursuant to this Section, one shall serve for | ||||||
23 | a 2-year term, one shall serve for a 3-year term, and one shall | ||||||
24 | serve for a 4-year term. Their successors shall be appointed | ||||||
25 | for 4-year terms. Members shall serve without compensation, but |
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1 | may be reimbursed for necessary expenses. | ||||||
2 | (b) The Board of Directors shall: | ||||||
3 | (1) appoint from among its members a Chairman, a | ||||||
4 | Secretary and such other officers as may be necessary to | ||||||
5 | conduct its business; | ||||||
6 | (2) keep and maintain a complete and accurate record of | ||||||
7 | all of its proceedings; the Board is a public body, subject | ||||||
8 | to all laws governing political subdivisions of the State | ||||||
9 | of Illinois; | ||||||
10 | (3) enter into intergovernmental agreements with the | ||||||
11 | county within which it is located for administrative and | ||||||
12 | staff support and meeting accommodations for accomplishing | ||||||
13 | the purposes of the District; | ||||||
14 | (4) enter into contracts and other agreements in the | ||||||
15 | interest of the District or to carry out and accomplish the | ||||||
16 | purposes of this Act, including construction contracts; | ||||||
17 | and | ||||||
18 | (5) contract for consulting, legal, accounting, and | ||||||
19 | other outside professional services, including a contracts | ||||||
20 | with a professional facility management company. | ||||||
21 | Section 35. Powers. A county, by ordinance, may create a | ||||||
22 | special taxation district pursuant to this Act. The District | ||||||
23 | shall have the authority to: | ||||||
24 | (1) collect and provide for the expenditure of that | ||||||
25 | portion of all sales taxes due from licensed economic |
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1 | activities within the District, normally collected by and | ||||||
2 | allocated to the general revenue fund of the county in | ||||||
3 | which the District is located; | ||||||
4 | (2) enter into economic incentive agreements as | ||||||
5 | provided in Section 8-11-20 of the Illinois Municipal Code | ||||||
6 | to allocate utilization of the municipality's share of any | ||||||
7 | non-home rule retailers' occupation taxes generated within | ||||||
8 | the Redevelopment Project Area in accordance with Section | ||||||
9 | 8-11-20 of the Illinois Municipal Code; | ||||||
10 | (3) levy and allocate the use of a Municipal Use Tax | ||||||
11 | (infrastructure tax) under procedures described in Section | ||||||
12 | 8-11-1.5 of the Illinois Municipal Code; | ||||||
13 | (4) provide for the assessment of and the utilization | ||||||
14 | of a Hotel-Motel tax, not to exceed 5%, as is permitted in | ||||||
15 | Section 8-3-14 of the Illinois Municipal Code; | ||||||
16 | (5) enter into intergovernmental agreements by the | ||||||
17 | affirmative vote of its board of directors; | ||||||
18 | (6) provide for the use of Tax Increment Financing | ||||||
19 | (TIF) to collect property taxes for all real property | ||||||
20 | located within the District for the maximum period | ||||||
21 | allowable under State law; | ||||||
22 | (7) create an Illinois Business District pursuant to | ||||||
23 | the Business District Development and Redevelopment Act; | ||||||
24 | (8) levy and collect additional taxes including, but | ||||||
25 | not limited to, utility taxes and telecommunications taxes | ||||||
26 | on all property owners within the District. Any expenditure |
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1 | of funds collected pursuant to this Act shall only be | ||||||
2 | expended according to a budget approved by a majority vote | ||||||
3 | of the District's Board of Directors. Any subsequent | ||||||
4 | increase in the tax rate must be approved by a majority | ||||||
5 | vote of the District's Board of Directors; | ||||||
6 | (9) levy a special use tax on business activity in the | ||||||
7 | District that is subject to taxation under the law; the tax | ||||||
8 | shall be levied at a rate to be determined by majority vote | ||||||
9 | of the Board of Directors; | ||||||
10 | (10) adopt and use a corporate seal; | ||||||
11 | (11) sue and be sued; | ||||||
12 | (12) adopt administrative rules as necessary to | ||||||
13 | administer and operate the District and any property under | ||||||
14 | its jurisdiction; | ||||||
15 | (13) retain legal counsel and other consultants as | ||||||
16 | necessary to carry out the purposes of the District; and | ||||||
17 | (14) acquire by any lawful means and operate, maintain, | ||||||
18 | encumber and dispose of real and personal property and | ||||||
19 | interests in property. The district shall not have the | ||||||
20 | power of eminent domain. | ||||||
21 | Section 40. Financial provisions. On or before June 30 of | ||||||
22 | each year, the Board shall hold a public hearing to adopt a | ||||||
23 | budget for the following fiscal year that includes: | ||||||
24 | (1) District receipts during the preceding fiscal | ||||||
25 | year; |
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1 | (2) expenditures during the preceding fiscal year; | ||||||
2 | (3) estimates of amounts necessary for expenses during | ||||||
3 | the following fiscal year, including amounts proposed for: | ||||||
4 | (i) costs of planning, constructing, financing, | ||||||
5 | and maintaining the District's facilities; and | ||||||
6 | (ii) administrative costs of the District; | ||||||
7 | (4) anticipated revenue to the District from each | ||||||
8 | source in the following fiscal year; | ||||||
9 | (5) a complete asset and liability statement; | ||||||
10 | (6) a statement of profit or loss; | ||||||
11 | (7) cash on hand as of the date the budget is adopted | ||||||
12 | and the anticipated balance at the end of the current | ||||||
13 | fiscal year; and | ||||||
14 | (8) a description of the amount and nature of private | ||||||
15 | funding and financing committed to the operation of the | ||||||
16 | District. | ||||||
17 | Section 45. General fund; investments. Each District | ||||||
18 | established pursuant to this Act shall maintain a general fund | ||||||
19 | and may establish accounts and subaccounts within the general | ||||||
20 | fund as necessary and convenient. All revenues and moneys | ||||||
21 | received by the District shall be deposited in the general | ||||||
22 | fund. The District may invest any unexpended moneys in the fund | ||||||
23 | as provided by State law governing investments by public | ||||||
24 | entities. Interest and other income from investments of monies | ||||||
25 | in any account shall be credited to that account except as |
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1 | otherwise provided by law. | ||||||
2 | The District's investments must mature when the fund assets | ||||||
3 | will be required for the purposes of this Section. If the | ||||||
4 | liquid assets in the fund become insufficient to meet the | ||||||
5 | District's obligations, the Board shall direct the fiscal agent | ||||||
6 | to liquidate sufficient securities to meet all of the current | ||||||
7 | obligations and immediately notify the Auditor General of the | ||||||
8 | insufficiency. The Auditor General shall investigate and audit | ||||||
9 | the circumstances surrounding the depletion of the fund and | ||||||
10 | report the findings to the Board. | ||||||
11 | Section 50. Audit. The Board shall cause an annual audit to | ||||||
12 | be conducted of the District's funds, accounts, and subaccounts | ||||||
13 | by an independent certified public accountant within 120 days | ||||||
14 | after the end of the fiscal year. The Board shall immediately | ||||||
15 | file a certified copy of the audit with the Auditor General and | ||||||
16 | the county board. The Auditor General may make such further | ||||||
17 | audits and examinations as necessary and may take appropriate | ||||||
18 | action relating to the audit or examination pursuant to the | ||||||
19 | Illinois State Auditing Act. If the Auditor General takes no | ||||||
20 | further action within 30 days after the audit is filed, the | ||||||
21 | audit is considered to be sufficient. The Board shall pay | ||||||
22 | negotiated and approved fees and costs of the Certified Public | ||||||
23 | Accountant and Auditor General under this Section. | ||||||
24 | Section 55. Annexation. A district formed under this Act |
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1 | may not be annexed by any other unit of local government | ||||||
2 | without the express approval of the board of commissioners of | ||||||
3 | the district. | ||||||
4 | Section 60. The Counties Code is amended by changing | ||||||
5 | Section 5-1062.3 as follows: | ||||||
6 | (55 ILCS 5/5-1062.3 new) | ||||||
7 | Sec. 5-1062.3. Stormwater management; Peoria. | ||||||
8 | (a) The purpose of this Section is to allow management and | ||||||
9 | mitigation of the effects of urbanization on stormwater | ||||||
10 | drainage in Peoria County and references to "county" in this | ||||||
11 | Section apply only to that county. The purpose of this Section | ||||||
12 | shall be achieved by: | ||||||
13 | (1) Consolidating the existing stormwater management
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14 | framework into a united, countywide structure. | ||||||
15 | (2) Setting minimum standards for floodplain and
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16 | stormwater management. | ||||||
17 | (3) Preparing a countywide plan for the management
of | ||||||
18 | stormwater runoff, including the management of natural and | ||||||
19 | man-made drainageways. The countywide plan may incorporate | ||||||
20 | watershed plans. | ||||||
21 | (b) A stormwater management planning committee may be | ||||||
22 | established by county board resolution, with its membership | ||||||
23 | consisting of equal numbers of county board and municipal | ||||||
24 | representatives from each county board district, and such other |
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1 | members as may be determined by the county and municipal | ||||||
2 | members. The county board may by ordinance divide the county | ||||||
3 | into not less than 6 areas of approximately equal population, | ||||||
4 | to be used instead of county board districts for the purpose of | ||||||
5 | determining representation on the stormwater management | ||||||
6 | planning committee. | ||||||
7 | The county board members shall be appointed by the chairman | ||||||
8 | of the county board. Municipal members from each county board | ||||||
9 | district or other represented area shall be appointed by a | ||||||
10 | majority vote of the mayors of those municipalities that have | ||||||
11 | the greatest percentage of their respective populations | ||||||
12 | residing in that county board district or other represented | ||||||
13 | area. All municipal and county board representatives shall be | ||||||
14 | entitled to a vote; the other members shall be nonvoting | ||||||
15 | members, unless authorized to vote by the unanimous consent of | ||||||
16 | the municipal and county board representatives. A municipality | ||||||
17 | that is located in more than one county may choose, at the time | ||||||
18 | of formation of the stormwater management planning committee | ||||||
19 | and based on watershed boundaries, to participate in the | ||||||
20 | stormwater management planning program of either or both of the | ||||||
21 | counties. Subcommittees of the stormwater management planning | ||||||
22 | committee may be established to serve a portion of the county | ||||||
23 | or a particular drainage basin that has similar stormwater | ||||||
24 | management needs. The stormwater management planning committee | ||||||
25 | shall adopt bylaws, by a majority vote of the county and | ||||||
26 | municipal members, to govern the functions of the committee and |
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1 | its subcommittees. Officers of the committee shall include a | ||||||
2 | chair and vice chair, one of whom shall be a county | ||||||
3 | representative and one a municipal representative. | ||||||
4 | The principal duties of the committee shall be to develop a | ||||||
5 | stormwater management plan for presentation to and approval by | ||||||
6 | the county board, and to direct the plan's implementation and | ||||||
7 | revision. The committee may retain engineering, legal, and | ||||||
8 | financial advisors and inspection personnel. The committee | ||||||
9 | shall meet at least quarterly and shall hold at least one | ||||||
10 | public meeting during the preparation of the plan and prior to | ||||||
11 | its submittal to the county board. The committee may make | ||||||
12 | grants to units of local government that have adopted an | ||||||
13 | ordinance requiring actions consistent with the stormwater | ||||||
14 | management plan and to landowners for the purposes of | ||||||
15 | stormwater management, including special projects; use of the | ||||||
16 | grant money must be consistent with the stormwater management | ||||||
17 | plan. | ||||||
18 | The committee shall not have or exercise any power of | ||||||
19 | eminent domain. | ||||||
20 | (c) In the preparation of a stormwater management plan, a | ||||||
21 | county stormwater management planning committee shall | ||||||
22 | coordinate the planning process with each adjoining county to | ||||||
23 | ensure that recommended stormwater projects will have no | ||||||
24 | significant impact on the levels or flows of stormwaters in | ||||||
25 | inter-county watersheds or on the capacity of existing and | ||||||
26 | planned stormwater retention facilities. An adopted stormwater |
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1 | management plan shall identify steps taken by the county to | ||||||
2 | coordinate the development of plan recommendations with | ||||||
3 | adjoining counties. | ||||||
4 | (d) The stormwater management committee may not enforce any | ||||||
5 | rules or regulations that would interfere with (i) any power | ||||||
6 | granted by the Illinois Drainage Code (70 ILCS 605/) to | ||||||
7 | operate, construct, maintain, or improve drainage systems or | ||||||
8 | (ii) the ability to operate, maintain, or improve the drainage | ||||||
9 | systems used on or by land or a facility used for production | ||||||
10 | agriculture purposes, as defined in the Use Tax Act (35 ILCS | ||||||
11 | 105/), except newly constructed buildings and newly installed | ||||||
12 | impervious paved surfaces. Disputes regarding an exception | ||||||
13 | shall be determined by a mutually agreed upon arbitrator paid | ||||||
14 | by the disputing party or parties. | ||||||
15 | (e) Before the stormwater management planning committee | ||||||
16 | recommends to the county board a stormwater management plan for | ||||||
17 | the county or a portion thereof, it shall submit the plan to | ||||||
18 | the Office of Water Resources of the Department of Natural | ||||||
19 | Resources for review and recommendations. The Office, in | ||||||
20 | reviewing the plan, shall consider such factors as impacts on | ||||||
21 | the levels or flows in rivers and streams and the cumulative | ||||||
22 | effects of stormwater discharges on flood levels. The Office of | ||||||
23 | Water Resources shall determine whether the plan or ordinances | ||||||
24 | enacted to implement the plan complies with the requirements of | ||||||
25 | subsection (f). Within a period not to exceed 60 days, the | ||||||
26 | review comments and recommendations shall be submitted to the |
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1 | stormwater management planning committee for consideration. | ||||||
2 | Any amendments to the plan shall be submitted to the Office for | ||||||
3 | review. | ||||||
4 | (f) Prior to recommending the plan to the county board, the | ||||||
5 | stormwater management planning committee shall hold at least | ||||||
6 | one public hearing thereon and shall afford interested persons | ||||||
7 | an opportunity to be heard. The hearing shall be held in the | ||||||
8 | county seat. Notice of the hearing shall be published at least | ||||||
9 | once no less than 15 days in advance of the hearing in a | ||||||
10 | newspaper of general circulation published in the county. The | ||||||
11 | notice shall state the time and place of the hearing and the | ||||||
12 | place where copies of the proposed plan will be accessible for | ||||||
13 | examination by interested parties. If an affected municipality | ||||||
14 | having a stormwater management plan adopted by ordinance wishes | ||||||
15 | to protest the proposed county plan provisions, it shall appear | ||||||
16 | at the hearing and submit in writing specific proposals to the | ||||||
17 | stormwater management planning committee. After consideration | ||||||
18 | of the matters raised at the hearing, the committee may amend | ||||||
19 | or approve the plan and recommend it to the county board for | ||||||
20 | adoption. | ||||||
21 | The county board may enact the proposed plan by ordinance. | ||||||
22 | If the proposals for modification of the plan made by an | ||||||
23 | affected municipality having a stormwater management plan are | ||||||
24 | not included in the proposed county plan, and the municipality | ||||||
25 | affected by the plan opposes adoption of the county plan by | ||||||
26 | resolution of its corporate authorities, approval of the county |
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1 | plan shall require an affirmative vote of at least two-thirds | ||||||
2 | of the county board members present and voting. If the county | ||||||
3 | board wishes to amend the county plan, it shall submit in | ||||||
4 | writing specific proposals to the stormwater management | ||||||
5 | planning committee. If the proposals are not approved by the | ||||||
6 | committee, or are opposed by resolution of the corporate | ||||||
7 | authorities of an affected municipality having a municipal | ||||||
8 | stormwater management plan, amendment of the plan shall require | ||||||
9 | an affirmative vote of at least two-thirds of the county board | ||||||
10 | members present and voting. | ||||||
11 | (g) The county board may prescribe by ordinance reasonable | ||||||
12 | rules and regulations for floodplain management and for | ||||||
13 | governing the location, width, course, and release rate of all | ||||||
14 | stormwater runoff channels, streams, and basins in the county, | ||||||
15 | in accordance with the adopted stormwater management plan. | ||||||
16 | Land, facilities, and drainage district facilities used for | ||||||
17 | production agriculture as defined in subsection (d) shall not | ||||||
18 | be subjected to regulation by the county board or stormwater | ||||||
19 | management committee under this Section for floodplain | ||||||
20 | management and for governing location, width, course, | ||||||
21 | maintenance, and release rate of stormwater runoff channels, | ||||||
22 | streams and basins, or water discharged from a drainage | ||||||
23 | district. These rules and regulations shall, at a minimum, meet | ||||||
24 | the standards for floodplain management established by the | ||||||
25 | Office of Water Resources and the requirements of the Federal | ||||||
26 | Emergency Management Agency for participation in the National |
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1 | Flood Insurance Program. The Commission may not impose more | ||||||
2 | stringent regulations regarding water quality on entities | ||||||
3 | discharging in accordance with a valid National Pollution | ||||||
4 | Discharge Elimination System permit issued under the | ||||||
5 | Environmental Protection Act. | ||||||
6 | (h) In accordance with, and if recommended in, the adopted | ||||||
7 | stormwater management plan, the county board may adopt a | ||||||
8 | schedule of fees as may be necessary to mitigate the effects of | ||||||
9 | stormwater runoff based on actual costs. The fees shall not | ||||||
10 | exceed the cost of satisfying the onsite stormwater retention | ||||||
11 | or detention requirements of the adopted stormwater management | ||||||
12 | plan. The fees shall be used to finance activities undertaken | ||||||
13 | by the county or its included municipalities to mitigate the | ||||||
14 | effects of urban stormwater runoff by providing regional | ||||||
15 | stormwater retention or detention facilities, as identified in | ||||||
16 | the county plan. The county board shall provide for a credit or | ||||||
17 | reduction in fees for any onsite retention, detention, drainage | ||||||
18 | district assessments, or other similar stormwater facility | ||||||
19 | consistent with the stormwater management ordinance. | ||||||
20 | Developers are exempt from any fees under this Section if the | ||||||
21 | new development satisfies onsite retention or detention | ||||||
22 | pursuant to any other local ordinance addressing erosion, | ||||||
23 | sediment, or stormwater control and Illinois Environmental | ||||||
24 | Protection Agency regulations that place the development into | ||||||
25 | compliance with the National Pollutant Discharge Elimination | ||||||
26 | System (NPDES) permit program at the time of the dedication of |
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1 | public infrastructure. All these fees collected by the county | ||||||
2 | shall be held in a separate fund, and shall be expended only in | ||||||
3 | the watershed within which they were collected. | ||||||
4 | (i) For the purpose of implementing this Section and for | ||||||
5 | the development, design, planning, construction, operation, | ||||||
6 | and maintenance of stormwater facilities provided for in the | ||||||
7 | stormwater management plan, a county board that has established | ||||||
8 | a stormwater management planning committee pursuant to this | ||||||
9 | Section may cause an annual tax of not to exceed 0.20% of the | ||||||
10 | value, as equalized or assessed by the Department of Revenue, | ||||||
11 | of all taxable property in the county to be levied upon all the | ||||||
12 | taxable property in the county or occupation and use taxes of | ||||||
13 | 1/10 of one cent. The property tax shall be in addition to all | ||||||
14 | other taxes authorized by law to be levied and collected in the | ||||||
15 | county and shall be in addition to the maximum tax rate | ||||||
16 | authorized by law for general county purposes. The 0.20% | ||||||
17 | limitation provided in this Section may be increased or | ||||||
18 | decreased by referendum in accordance with the provisions of | ||||||
19 | Sections 18-120, 18-125, and 18-130 of the Property Tax Code | ||||||
20 | (35 ILCS 200/). | ||||||
21 | Any revenues generated as a result of ownership or | ||||||
22 | operation of facilities or land acquired with the tax funds | ||||||
23 | collected pursuant to this subsection shall be held in a | ||||||
24 | separate fund and be used either to abate such property tax or | ||||||
25 | for implementing this Section. | ||||||
26 | However, the tax authorized by this subsection shall not be |
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1 | levied until the question of its adoption, either for a | ||||||
2 | specified period or indefinitely, has been submitted to the | ||||||
3 | electors thereof and approved by a majority of those voting on | ||||||
4 | the question. This question may be submitted at any election | ||||||
5 | held in the county after the adoption of a resolution by the | ||||||
6 | county board providing for the submission of the question to | ||||||
7 | the electors of the county. The county board shall certify the | ||||||
8 | resolution and proposition to the proper election officials, | ||||||
9 | who shall submit the proposition at an election in accordance | ||||||
10 | with the general election law. If a majority of the votes cast | ||||||
11 | on the question is in favor of the levy of the tax, it may | ||||||
12 | thereafter be levied in the county for the specified period or | ||||||
13 | indefinitely, as provided in the proposition. The question | ||||||
14 | shall be put in substantially the following form: | ||||||
15 | Shall an annual tax be levied
for stormwater management | ||||||
16 | purposes (for a period of not more than ..... years) at a | ||||||
17 | rate not exceeding
.....% of the equalized assessed
value | ||||||
18 | of the taxable property of Peoria County? | ||||||
19 | Or this question may be submitted at any election held in the | ||||||
20 | county after the adoption of a resolution by the county board | ||||||
21 | providing for the submission of the question to the electors of | ||||||
22 | the county to authorize use and occupation taxes of 1/10 of one | ||||||
23 | cent: | ||||||
24 | Shall use and occupation taxes be raised for stormwater | ||||||
25 | management purposes (for a period of not more than ..... | ||||||
26 | years) at a rate of 1/10 of one cent for taxable goods in |
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1 | Peoria County? | ||||||
2 | Votes shall be recorded as Yes or No. | ||||||
3 | (j) If the county adopts a property tax in accordance with | ||||||
4 | the provisions in this Section, the stormwater management | ||||||
5 | committee shall offer property tax abatements or incentive | ||||||
6 | payments to property owners who construct, maintain, and use | ||||||
7 | approved stormwater management devices. If the county adopts | ||||||
8 | use and occupation taxes in accordance with the provisions of | ||||||
9 | this Section, the stormwater management committee may offer tax | ||||||
10 | rebates or incentive payments to property owners who construct, | ||||||
11 | maintain, and use approved stormwater management devices.
The | ||||||
12 | stormwater management committee is authorized to offer credits | ||||||
13 | to the property tax, if applicable, based on authorized | ||||||
14 | practices consistent with the stormwater management plan and | ||||||
15 | approved by the committee. Expenses of staff of a stormwater | ||||||
16 | management committee that are expended on regulatory project | ||||||
17 | review may be no more than 20% of the annual budget of the | ||||||
18 | committee, including funds raised under subsections (h) and | ||||||
19 | (i). | ||||||
20 | (k) If the county has adopted a county stormwater | ||||||
21 | management plan under this Section it may, after 10 days | ||||||
22 | written notice receiving consent of the owner or occupant, | ||||||
23 | enter upon any lands or waters within the county for the | ||||||
24 | purpose of inspecting stormwater facilities or causing the | ||||||
25 | removal of any obstruction to an affected watercourse. If | ||||||
26 | consent is denied or cannot be reasonably obtained, the county |
| |||||||
| |||||||
1 | ordinance shall provide a process or procedure for an | ||||||
2 | administrative warrant to be obtained. The county shall be | ||||||
3 | responsible for any damages occasioned thereby. | ||||||
4 | (l) Upon petition of the municipality, and based on a | ||||||
5 | finding of the stormwater management planning committee, the | ||||||
6 | county shall not enforce rules and regulations adopted by the | ||||||
7 | county in any municipality located wholly or partly within the | ||||||
8 | county that has a municipal stormwater management ordinance | ||||||
9 | that is consistent with and at least as stringent as the county | ||||||
10 | plan and ordinance, and is being enforced by the municipal | ||||||
11 | authorities. On issues that the county ordinance is more | ||||||
12 | stringent as deemed by the committee, the county shall only | ||||||
13 | enforce rules and regulations adopted by the county on the more | ||||||
14 | stringent issues and accept municipal permits. The county shall | ||||||
15 | have no more than 60 days to review permits or the permits | ||||||
16 | shall be deemed approved. | ||||||
17 | (m) The county may issue general obligation bonds for | ||||||
18 | implementing any stormwater plan adopted under this Section in | ||||||
19 | the manner prescribed in Section 5-1012; except that the | ||||||
20 | referendum requirement of Section 5-1012 does not apply to | ||||||
21 | bonds issued pursuant to this Section on which the principal | ||||||
22 | and interest are to be paid entirely out of funds generated by | ||||||
23 | the taxes and fees authorized by this Section. | ||||||
24 | (n) The powers authorized by this Section may be | ||||||
25 | implemented by the county board for a portion of the county | ||||||
26 | subject to similar stormwater management needs. |
| |||||||
| |||||||
1 | (o) The powers and taxes authorized by this Section are in | ||||||
2 | addition to the powers and taxes authorized by Division 5-15; | ||||||
3 | in exercising its powers under this Section, a county shall not | ||||||
4 | be subject to the restrictions and requirements of that | ||||||
5 | Division. | ||||||
6 | (p) A home rule municipality may opt out of this Section by | ||||||
7 | a majority vote of that municipality's governing body. | ||||||
8 | Section 65. The County Economic Development Project Area | ||||||
9 | Property Tax Allocation Act is amended by changing Sections 4 | ||||||
10 | and 5 as follows:
| ||||||
11 | (55 ILCS 85/4) (from Ch. 34, par. 7004)
| ||||||
12 | Sec. 4. Establishment of economic development project | ||||||
13 | area;
ordinance; joint review board; notice; hearing; changes | ||||||
14 | in economic
development plan; annual reporting requirements. | ||||||
15 | Economic development
project areas shall be established as | ||||||
16 | follows:
| ||||||
17 | (a)
The corporate authorities of Whiteside County may by | ||||||
18 | ordinance propose the establishment of an economic
development | ||||||
19 | project area and fix a time and place for a public hearing, and
| ||||||
20 | shall submit a certified copy of the ordinance as adopted to | ||||||
21 | the Department.
| ||||||
22 | (a-5) After the effective date of this amendatory Act of | ||||||
23 | the 93rd General Assembly, the corporate authorities of | ||||||
24 | Stephenson County may by ordinance propose the establishment of |
| |||||||
| |||||||
1 | an economic development project area and fix a time and place | ||||||
2 | for a public hearing, and shall submit a certified copy of the | ||||||
3 | ordinance as adopted to the Department.
| ||||||
4 | (a-10) The corporate authorities of Grundy County may, by | ||||||
5 | ordinance, propose the establishment of an economic | ||||||
6 | development project and fix a time and place for a public | ||||||
7 | hearing. Upon passage of the ordinance, the corporate | ||||||
8 | authorities of Grundy County shall submit a certified copy of | ||||||
9 | the ordinance, as adopted, to the Department.
| ||||||
10 | (a-15) The corporate authorities of Peoria County may, by | ||||||
11 | ordinance, propose the establishment of an economic | ||||||
12 | development project and fix a time and place for a public | ||||||
13 | hearing. Upon passage of the ordinance, the corporate | ||||||
14 | authorities of Peoria County shall submit a certified copy of | ||||||
15 | the ordinance, as adopted, to the Department. | ||||||
16 | (b) Any county which adopts an ordinance which fixes a | ||||||
17 | date, time and
place for a public hearing shall convene a joint | ||||||
18 | review board as
hereinafter provided. Not less than 45 days | ||||||
19 | prior to the date fixed for
the public hearing, the county | ||||||
20 | shall give notice by mailing to the chief
executive officer of | ||||||
21 | each affected taxing district having taxable property
included | ||||||
22 | in the proposed economic development project area and, if the | ||||||
23 | ordinance is adopted by Stephenson County, the chief executive | ||||||
24 | officer of any municipality within Stephenson County having a | ||||||
25 | population of more than 20,000 that such chief
executive | ||||||
26 | officer or his designee is invited to participate in a joint
|
| |||||||
| |||||||
1 | review board. The designee shall serve at the discretion of the | ||||||
2 | chief
executive officer of the taxing district for a term not | ||||||
3 | to exceed 2 years.
Such notice shall advise each chief | ||||||
4 | executive officer of the date, time and
place of the first | ||||||
5 | meeting of such joint review board, which shall occur
not less | ||||||
6 | than 30 days prior to the date of the public hearing. Such | ||||||
7 | notice
by mail shall be given by depositing such notice in the | ||||||
8 | United States
Postal Service by certified mail.
| ||||||
9 | At or prior to the first meeting of such joint review board | ||||||
10 | the county
shall furnish to any member of such joint review | ||||||
11 | board copies of the
proposed economic development plan and any | ||||||
12 | related documents which such
member shall reasonably request. A | ||||||
13 | majority of the members of such joint
review board present at | ||||||
14 | any meeting shall constitute a quorum. Additional
meetings may | ||||||
15 | be called by any member of a joint review board upon the
giving | ||||||
16 | of notice not less than 72 hours prior to the date of any | ||||||
17 | additional
meeting to all members of the joint review board. | ||||||
18 | The joint review board
shall review such information and | ||||||
19 | material as its members reasonably deem
relevant to the | ||||||
20 | county's proposals to approve economic development plans
and | ||||||
21 | economic development projects and to designate economic | ||||||
22 | development
project areas. The county shall provide such | ||||||
23 | information and material
promptly upon the request of the joint | ||||||
24 | review board and may also provide
administrative support and | ||||||
25 | facilities as the joint review board may
reasonably require.
| ||||||
26 | Within 30 days of its first meeting, a joint review board |
| |||||||
| |||||||
1 | shall provide
the county with a written report of its review of | ||||||
2 | any proposal to approve
an economic development plan and | ||||||
3 | economic development project and to
designate an economic | ||||||
4 | development project area. Such written report shall
include | ||||||
5 | such information and advisory, nonbinding recommendations as a
| ||||||
6 | majority of the members of the joint review board shall deem | ||||||
7 | relevant.
Written reports of joint review boards may include | ||||||
8 | information and
advisory, nonbinding recommendations provided | ||||||
9 | by a minority of the members
thereof. Any joint review board | ||||||
10 | which does not provide such written report
within such 30-day | ||||||
11 | period shall be deemed to have recommended that the
county | ||||||
12 | proceed with a proposal to approve an economic development plan | ||||||
13 | and
economic development project and to designate an economic | ||||||
14 | development
project area.
| ||||||
15 | (c) Notice of the public hearing shall be given by | ||||||
16 | publication and
mailing.
| ||||||
17 | (1) Notice by publication shall be given by publication | ||||||
18 | at least
twice, the first publication to be not more than | ||||||
19 | 30 nor less than 10 days
prior to the hearing in a | ||||||
20 | newspaper of general circulation within the
taxing | ||||||
21 | districts having property in the proposed economic | ||||||
22 | development
project area. Notice by mailing shall be given | ||||||
23 | by depositing such notice
together with a copy of the | ||||||
24 | proposed economic development plan in the
United States | ||||||
25 | Postal Service by certified mail addressed to the person or
| ||||||
26 | persons in whose name the general taxes for the last |
| |||||||
| |||||||
1 | preceding year were
paid on each lot, block, tract, or | ||||||
2 | parcel of land lying within the proposed
economic | ||||||
3 | development project area. The notice shall be mailed not | ||||||
4 | less
than 10 days prior to the dates set for the public | ||||||
5 | hearing. In the event
taxes for the last preceding year | ||||||
6 | were not paid, the notice shall also be
sent to the persons | ||||||
7 | last listed on the tax rolls within the preceding 3
years | ||||||
8 | as the owners of the property.
| ||||||
9 | (2) The notices issued pursuant to this Section shall | ||||||
10 | include the
following:
| ||||||
11 | (A) The time and place of public hearing;
| ||||||
12 | (B) The boundaries of the proposed economic | ||||||
13 | development project area
by legal description and by | ||||||
14 | street location where possible;
| ||||||
15 | (C) A notification that all interested persons | ||||||
16 | will be given an
opportunity to be heard at the public | ||||||
17 | hearing;
| ||||||
18 | (D) An invitation for any person to submit | ||||||
19 | alternative proposals or bids
for any proposed | ||||||
20 | conveyance, lease, mortgage or other disposition of | ||||||
21 | land
within the proposed economic development project | ||||||
22 | area;
| ||||||
23 | (E) A description of the economic development plan | ||||||
24 | or economic
development project if a plan or project is | ||||||
25 | a subject matter of the
hearing; and
| ||||||
26 | (F) Such other matters as the county may deem |
| |||||||
| |||||||
1 | appropriate.
| ||||||
2 | (3) Not less than 45 days prior to the date set for | ||||||
3 | hearing, the county
shall give notice by mail as provided | ||||||
4 | in this subsection (c) to all taxing
districts of which | ||||||
5 | taxable property is included in the economic development
| ||||||
6 | project area, and to the Department. In addition to the | ||||||
7 | other requirements
under this subsection (c), the notice | ||||||
8 | shall include an invitation to the
Department and each | ||||||
9 | taxing district to submit comments to the county
concerning | ||||||
10 | the subject matter of the hearing prior to the date of the | ||||||
11 | hearing.
| ||||||
12 | (d) At the public hearing any interested person, the | ||||||
13 | Department or any
affected taxing district may file written | ||||||
14 | objections with the county clerk
and may be heard orally with | ||||||
15 | respect to any issues embodied in the notice.
The county shall | ||||||
16 | hear and determine all alternate proposals or bids for any
| ||||||
17 | proposed conveyance, lease, mortgage or other disposition of | ||||||
18 | land and all
protests and objections at the hearing, and the | ||||||
19 | hearing may be adjourned to
another date without further notice | ||||||
20 | other than a motion to be entered upon
the minutes fixing the | ||||||
21 | time and place of the adjourned hearing. Public
hearings with | ||||||
22 | regard to an economic development plan, economic development
| ||||||
23 | project area, or economic development project may be held | ||||||
24 | simultaneously.
| ||||||
25 | (e) At the public hearing, or at any time prior to the | ||||||
26 | adoption by the
county of an ordinance approving an economic |
| |||||||
| |||||||
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 within | ||||||
9 | the economic development project area, or (5) change the
| ||||||
10 | description of the type, class and number of employees to be | ||||||
11 | employed in
the operation of the facilities to be developed or | ||||||
12 | improved within the
economic development project area shall be | ||||||
13 | made only after review by joint
review board, notice and | ||||||
14 | hearing pursuant to the procedures set forth in
this Section. | ||||||
15 | Changes which do not (1) alter the exterior boundaries of a
| ||||||
16 | proposed economic development project area, (2) substantially | ||||||
17 | affect the
general land uses established in the proposed plan, | ||||||
18 | (3) substantially
change the nature of the proposed economic | ||||||
19 | development plan, (4) change the
general description of any | ||||||
20 | proposed developer, user or tenant of any
property to be | ||||||
21 | located or improved within the economic development project
| ||||||
22 | area, or (5) change the description of the type, class and | ||||||
23 | number of
employees to be employed in the operation of the | ||||||
24 | facilities to be developed
or improved within the economic | ||||||
25 | development project area may be made
without further notice or | ||||||
26 | hearing, provided that the county shall give
notice of its |
| |||||||
| |||||||
1 | changes by mail to the Department and to each affected taxing
| ||||||
2 | district and by publication in a newspaper or newspapers of | ||||||
3 | general
circulation with the affected taxing districts. Such | ||||||
4 | notice by mail and by
publication shall each occur not later | ||||||
5 | than 10 days following the adoption
by ordinance of such | ||||||
6 | changes.
| ||||||
7 | (f) At any time within 90 days of the final adjournment
of | ||||||
8 | the public hearing, a county may, by ordinance, approve the | ||||||
9 | economic
development plan, establish the economic development | ||||||
10 | project area, and
authorize property tax allocation financing | ||||||
11 | for such economic development
project area. | ||||||
12 | Any ordinance adopted by Whiteside County which approves | ||||||
13 | the economic
development plan shall contain findings that the | ||||||
14 | economic development
project is reasonably expected to create | ||||||
15 | or retain not less than 500
full-time equivalent jobs, that | ||||||
16 | private investment in an amount not less
than $25,000,000 is | ||||||
17 | reasonably expected to occur in the
economic
development | ||||||
18 | project area, that the economic development project will
| ||||||
19 | encourage the increase of commerce and industry within the | ||||||
20 | State, thereby
reducing the evils attendant upon unemployment | ||||||
21 | and increasing opportunities
for personal income, and that the | ||||||
22 | economic development project will
increase or maintain the | ||||||
23 | property, sales and income tax bases of the county
and of the | ||||||
24 | State.
| ||||||
25 | Any ordinance adopted by Grundy County that approves the | ||||||
26 | economic
development plan shall contain findings that the |
| |||||||
| |||||||
1 | economic development
project is reasonably expected to create | ||||||
2 | or retain not less than 250
full-time equivalent jobs, that | ||||||
3 | private investment in an amount not less
than $50,000,000 is | ||||||
4 | reasonably expected to occur in the
economic
development | ||||||
5 | project area, that the economic development project will
| ||||||
6 | encourage the increase of commerce and industry within the | ||||||
7 | State, thereby
reducing the evils attendant upon unemployment | ||||||
8 | and increasing opportunities
for personal income, and that the | ||||||
9 | economic development project will
increase or maintain the | ||||||
10 | property, sales, and income tax bases of the county
and of the | ||||||
11 | State.
| ||||||
12 | Any ordinance adopted by Stephenson County that approves an | ||||||
13 | economic development plan shall contain findings that (i) the | ||||||
14 | economic development project is reasonably expected to create | ||||||
15 | or retain not less than 500 full-time equivalent jobs; (ii) | ||||||
16 | private investment in an amount not less than $10,000,000 is | ||||||
17 | reasonably expected to occur in the economic development area; | ||||||
18 | (iii) the economic development project will encourage the | ||||||
19 | increase of commerce and industry within the State, thereby | ||||||
20 | reducing the evils attendant upon unemployment and increasing | ||||||
21 | opportunities for personal income; and (iv) the economic | ||||||
22 | development project will increase or maintain the property, | ||||||
23 | sales, and income tax bases of the county and of the State. | ||||||
24 | Before the economic development project area is established by | ||||||
25 | Stephenson County, the following additional conditions must be | ||||||
26 | included in an intergovernmental agreement approved by both the |
| |||||||
| |||||||
1 | Stephenson County Board and the corporate authorities of the | ||||||
2 | City of Freeport: (i) the corporate authorities of the City of | ||||||
3 | Freeport must concur by resolution with the findings of | ||||||
4 | Stephenson County; (ii) both the corporate authorities of the | ||||||
5 | City of Freeport and the Stephenson County Board shall approve | ||||||
6 | any and all economic or redevelopment agreements and incentives | ||||||
7 | for any economic development project within the economic | ||||||
8 | development area; (iii) any economic development project that | ||||||
9 | receives funds under this Act, except for any economic | ||||||
10 | development project specifically excluded from annexation in | ||||||
11 | the provisions of the intergovernmental agreement, shall agree | ||||||
12 | to and must enter into an annexation agreement with the City of | ||||||
13 | Freeport to annex property included in the economic development | ||||||
14 | project area to the City of Freeport at the first point in time | ||||||
15 | that the property becomes contiguous to the City of Freeport; | ||||||
16 | (iv) the local share of all State occupation and use taxes | ||||||
17 | allocable to the City of Freeport and Stephenson County and | ||||||
18 | derived from commercial projects within the economic | ||||||
19 | development project area shall be equally shared by and between | ||||||
20 | the City of Freeport and Stephenson County for the duration of | ||||||
21 | the economic development project; and (v) any development in | ||||||
22 | the economic development project area shall be built in | ||||||
23 | accordance with the building and related codes of both the City | ||||||
24 | of Freeport and Stephenson County and the City of Freeport | ||||||
25 | shall approve all provisions for water and sewer service.
| ||||||
26 | Any ordinance adopted by Peoria County that approves an |
| |||||||
| |||||||
1 | economic development plan shall contain findings that (i) the | ||||||
2 | economic development project is reasonably expected to create | ||||||
3 | or retain not less than 250 full-time equivalent jobs; (ii) | ||||||
4 | private investment in an amount not less than $15,000,000 is | ||||||
5 | reasonably expected to occur in the economic development | ||||||
6 | project area; (iii) the economic development project will | ||||||
7 | encourage the increase of commerce and industry within the | ||||||
8 | State, thereby reducing the evils attendant upon unemployment | ||||||
9 | and increasing opportunities for personal income; and (iv) the | ||||||
10 | economic development project will increase or maintain the | ||||||
11 | property, sales, and income tax bases of the county and of the | ||||||
12 | State. | ||||||
13 | The ordinance shall also state that the economic | ||||||
14 | development project area
shall not include parcels to be used | ||||||
15 | for purposes of residential
development.
Any ordinance adopted | ||||||
16 | which establishes an economic
development project area shall | ||||||
17 | contain the boundaries of such area by legal
description and, | ||||||
18 | where possible, by street location. Any ordinance adopted
which | ||||||
19 | authorizes property tax allocation financing shall provide | ||||||
20 | that the
ad valorem taxes, if any, arising from the levies upon | ||||||
21 | taxable real
property in such economic development project area | ||||||
22 | by taxing districts and
tax rates determined in the manner | ||||||
23 | provided in subsection (b) of Section 6
of this Act each year | ||||||
24 | after the effective date of the ordinance until
economic | ||||||
25 | development project costs and all county obligations financing
| ||||||
26 | economic development project costs incurred under this Act have |
| |||||||
| |||||||
1 | been paid
shall be divided as follows:
| ||||||
2 | (1) That portion of taxes levied upon each taxable lot, | ||||||
3 | block, tract or
parcel of real property which is | ||||||
4 | attributable to the lower of the current
equalized assessed | ||||||
5 | value or the initial equalized assessed value of each
such | ||||||
6 | taxable lot, block, tract or parcel of real property in the | ||||||
7 | economic
development project area shall be allocated to, | ||||||
8 | and when collected, shall
be paid by the county collector | ||||||
9 | to the respective affected taxing districts
in the manner | ||||||
10 | required by law in the absence of the adoption of property | ||||||
11 | tax
allocation financing.
| ||||||
12 | (2) That portion, if any, of such taxes which is | ||||||
13 | attributable to the
increase in the current equalized | ||||||
14 | assessed valuation of each taxable lot,
block, tract or | ||||||
15 | parcel of real property in the economic development project
| ||||||
16 | area over and above the initial equalized assessed value of | ||||||
17 | each property
in the economic development project area | ||||||
18 | shall be allocated to and when
collected shall be paid to | ||||||
19 | the county treasurer who shall deposit those
taxes into a | ||||||
20 | special fund called the special tax allocation fund of the
| ||||||
21 | county for the purpose of paying economic development | ||||||
22 | project costs and
obligations incurred in the payment | ||||||
23 | thereof.
| ||||||
24 | (g) After a county has by ordinance approved an economic | ||||||
25 | development plan
and established an economic development | ||||||
26 | project area, the plan may be
amended and the boundaries of the |
| |||||||
| |||||||
1 | area may be altered only as herein
provided. Amendments which | ||||||
2 | (1) alter the exterior boundaries of an
economic development | ||||||
3 | project area, (2) substantially affect the general
land uses | ||||||
4 | established pursuant to the economic development plan, (3)
| ||||||
5 | substantially change the nature of the economic development | ||||||
6 | plan, (4)
change the general description of any proposed | ||||||
7 | developer, user, or tenant
of any property to be located or | ||||||
8 | improved within the economic development
project area, or (5) | ||||||
9 | change the description of the type, class and number
of | ||||||
10 | employees to be employed in the operation of the facilities to | ||||||
11 | be
developed or improved shall be made only after review by a | ||||||
12 | joint review
board, notice and hearing pursuant to the | ||||||
13 | procedures set forth in this
Section. Amendments which do not | ||||||
14 | (1) alter the exterior boundaries of an
economic development | ||||||
15 | project area, (2) substantially affect the general
land uses | ||||||
16 | established in the economic development plan, (3) | ||||||
17 | substantially
change the nature of the economic development | ||||||
18 | plan, (4) change the
description of any proposed developer, | ||||||
19 | user, or tenant of any property to
be located or improved | ||||||
20 | within the economic development project area, or (5)
change the | ||||||
21 | description of the type, class and number of employees to be
| ||||||
22 | employed in the operation of the facilities to be developed or | ||||||
23 | improved
within the economic development project area may be | ||||||
24 | made without further
hearing or notice, provided that the | ||||||
25 | county shall give notice of any
amendment by mail to the | ||||||
26 | Department and to each taxing district and by
publication in a |
| |||||||
| |||||||
1 | newspaper or newspapers of general circulation within the
| ||||||
2 | affected taxing districts. Such notices by mail and by | ||||||
3 | publication shall
each occur not later than 10 days following | ||||||
4 | the adoption by ordinance of
such amendments.
| ||||||
5 | (h) After the adoption of an ordinance adopting property | ||||||
6 | tax allocation
financing for an economic development project | ||||||
7 | area, the county
shall annually report to each taxing district | ||||||
8 | having taxable property
within such economic development | ||||||
9 | project area (i) any increase or decrease
in the equalized | ||||||
10 | assessed value of the real property located within such
| ||||||
11 | economic development project area above or below the initial | ||||||
12 | equalized
assessed value of such real property, (ii) that | ||||||
13 | portion, if any, of the ad
valorem taxes arising from the | ||||||
14 | levies upon taxable real property in such
economic development | ||||||
15 | project area by the taxing districts which is
attributable to | ||||||
16 | the increase in the current equalized assessed valuation of
| ||||||
17 | each lot, block, tract or parcel of real property in the | ||||||
18 | economic
development project area over and above the initial | ||||||
19 | equalized value of each
property and which has been allocated | ||||||
20 | to the county in the current year,
and (iii) such other | ||||||
21 | information as the county may deem relevant.
| ||||||
22 | (i) The county shall give notice by mail as provided in | ||||||
23 | this Section and
shall reconvene the joint review board not | ||||||
24 | less than annually for each of
the 2 years following its | ||||||
25 | adoption of an ordinance adopting property tax
allocation | ||||||
26 | financing for an economic development project area and not less
|
| |||||||
| |||||||
1 | than once in each 3-year period thereafter. The county shall | ||||||
2 | provide such
information, and may provide administrative | ||||||
3 | support and facilities as the
joint review board may reasonably | ||||||
4 | require for each of such meetings.
| ||||||
5 | (Source: P.A. 93-959, eff. 8-20-04; 94-259, eff. 1-1-06.)
| ||||||
6 | (55 ILCS 85/5) (from Ch. 34, par. 7005)
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7 | Sec. 5. Submission to Department; certification by | ||||||
8 | Department.
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9 | (a) The county shall submit certified copies of any | ||||||
10 | ordinances adopted
approving a proposed economic development | ||||||
11 | plan, establishing an economic
development project area, and | ||||||
12 | authorizing tax increment allocation
financing to the | ||||||
13 | Department, together with (1) a map of the economic
development | ||||||
14 | project area, (2) a copy of the economic development plan as
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15 | approved, (3) an analysis, and any supporting documents and | ||||||
16 | statistics,
demonstrating (i) that the economic development | ||||||
17 | project is reasonably expected
to create or retain not less | ||||||
18 | than 500 full-time equivalent jobs
and (ii) that
private | ||||||
19 | investment in the amount of not less than $25,000,000 for all | ||||||
20 | ordinances adopted by Whiteside County , and in the amount of | ||||||
21 | not less than $10,000,000 for any ordinance adopted by | ||||||
22 | Stephenson County , and in the amount of not less than | ||||||
23 | $15,000,000 for any ordinance adopted by Peoria County is | ||||||
24 | reasonably
expected to occur in the economic development | ||||||
25 | project area, (4) an estimate
of the economic impact of the |
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1 | economic development plan and the use of
property tax | ||||||
2 | allocation financing upon the revenues of the county and the
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3 | affected taxing districts, (5) a record of all public hearings | ||||||
4 | held in
connection with the establishment of the economic | ||||||
5 | development project area,
and (6) such other information as the | ||||||
6 | Department by regulation may require.
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7 | (b) Upon receipt of an application from a county the | ||||||
8 | Department shall
review the application to determine whether | ||||||
9 | the economic development
project area qualifies as an economic | ||||||
10 | development project area under this
Act. At its discretion, the | ||||||
11 | Department may accept or reject the application
or may request | ||||||
12 | such additional information as it deems necessary or
advisable | ||||||
13 | to aid its review. If any such area is found to be qualified to
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14 | be an economic development project area, the Department shall | ||||||
15 | approve and
certify such economic development project area and | ||||||
16 | shall provide written
notice of its approval and certification | ||||||
17 | to the county and to the county
clerk. In determining whether | ||||||
18 | an economic development project area shall be
approved and | ||||||
19 | certified, the Department shall consider (1) whether, without
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20 | public intervention, the State would suffer substantial | ||||||
21 | economic
dislocation, such as relocation of a commercial | ||||||
22 | business or industrial or
manufacturing facility to another | ||||||
23 | state, territory or country, or would not
otherwise benefit | ||||||
24 | from private investment offering substantial employment
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25 | opportunities and economic growth, and (2) the impact on the | ||||||
26 | revenues of
the county and the affected taxing districts of the |
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1 | use of tax increment
allocation financing in connection with | ||||||
2 | the economic development project.
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3 | (c) On or before July 1, 2007, the Department shall submit | ||||||
4 | to
the
General Assembly a report detailing the number of | ||||||
5 | economic development
project areas it has approved and | ||||||
6 | certified, the number and type of jobs
created or retained | ||||||
7 | therein, the aggregate amount of private investment
therein, | ||||||
8 | the impact in the revenues of counties and affected taxing
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9 | districts of the use of property tax allocation financing | ||||||
10 | therein, and such
additional information as the Department may | ||||||
11 | determine to be relevant. On
July 1, 2009 2008 the authority | ||||||
12 | granted hereunder to counties to
establish
economic | ||||||
13 | development project areas and to adopt property tax allocation
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14 | financing in connection therewith and to the Department to | ||||||
15 | approve and
certify economic development project areas shall | ||||||
16 | expire unless the General
Assembly shall have authorized | ||||||
17 | counties and the Department to continue to
exercise the powers | ||||||
18 | granted to them under this Act.
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19 | (Source: P.A. 92-791, eff. 8-6-02; 93-959, eff. 8-20-04.)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
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