Full Text of HB6583 93rd General Assembly
HB6583sam001 93RD GENERAL ASSEMBLY
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Sen. Todd Sieben
Filed: 4/29/2004
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| AMENDMENT TO HOUSE BILL 6583
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| AMENDMENT NO. ______. Amend House Bill 6583 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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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| (55 ILCS 85/4) (from Ch. 34, par. 7004)
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| 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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| (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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| (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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| (b) Any county which adopts an ordinance which fixes a |
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| 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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| 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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| 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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| 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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| 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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| (c) Notice of the public hearing shall be given by | 15 |
| publication and
mailing.
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| (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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| 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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| (2) The notices issued pursuant to this Section shall |
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| include the
following:
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| (A) The time and place of public hearing;
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| (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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| (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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| (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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| (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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| (F) Such other matters as the county may deem | 18 |
| appropriate.
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| (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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| 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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| (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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| proposed conveyance, lease, mortgage or other disposition of |
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| 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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| project area, or economic development project may be held | 7 |
| simultaneously.
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| (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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| (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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| 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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| 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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| 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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| 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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| 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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| (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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| 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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| 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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| 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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| 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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| (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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| (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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| area over and above the initial equalized assessed value of | 34 |
| each property
in the economic development project area |
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| 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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| county for the purpose of paying economic development | 5 |
| project costs and
obligations incurred in the payment | 6 |
| thereof.
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| (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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| 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
| 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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| Department and to each taxing district and by
publication in a | 2 |
| newspaper or newspapers of general circulation within the
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| 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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| (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
| 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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| 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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| (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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| 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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| (Source: P.A. 92-791, eff. 8-6-02.)
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| (55 ILCS 85/5) (from Ch. 34, par. 7005)
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| Sec. 5. Submission to Department; certification by | 2 |
| Department.
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| (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
| 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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| (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
| 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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| 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
| 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.
| 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.
| 29 |
| (Source: P.A. 92-791, eff. 8-6-02.)
| 30 |
| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law.".
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