Full Text of HB6583 93rd General Assembly
HB6583sam002 93RD GENERAL ASSEMBLY
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Sen. Todd Sieben
Filed: 5/7/2004
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LRB093 18627 MKM 50669 a |
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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:
| 13 |
| (a)
The corporate authorities of Whiteside County may by | 14 |
| ordinance propose the establishment of an economic
development | 15 |
| project area and fix a time and place for a public hearing, and
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| shall submit a certified copy of the ordinance as adopted to | 17 |
| the Department.
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| (a-5) After the effective date of this amendatory Act of | 19 |
| the 93rd General Assembly, the corporate authorities of | 20 |
| Stephenson County may by ordinance propose the establishment of | 21 |
| an economic development project area and fix a time and place | 22 |
| for a public hearing, and shall submit a certified copy of the | 23 |
| ordinance as adopted to 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 and, if the | 7 |
| ordinance is adopted by Stephenson County, the chief executive | 8 |
| officer of any municipality within Stephenson County having a | 9 |
| population of more than 20,000 that such chief
executive | 10 |
| officer or his designee is invited to participate in a joint
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| review board. The designee shall serve at the discretion of the | 12 |
| chief
executive officer of the taxing district for a term not | 13 |
| to exceed 2 years.
Such notice shall advise each chief | 14 |
| executive officer of the date, time and
place of the first | 15 |
| meeting of such joint review board, which shall occur
not less | 16 |
| than 30 days prior to the date of the public hearing. Such | 17 |
| notice
by mail shall be given by depositing such notice in the | 18 |
| United States
Postal Service by certified mail.
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| At or prior to the first meeting of such joint review board | 20 |
| the county
shall furnish to any member of such joint review | 21 |
| board copies of the
proposed economic development plan and any | 22 |
| related documents which such
member shall reasonably request. A | 23 |
| majority of the members of such joint
review board present at | 24 |
| any meeting shall constitute a quorum. Additional
meetings may | 25 |
| be called by any member of a joint review board upon the
giving | 26 |
| of notice not less than 72 hours prior to the date of any | 27 |
| additional
meeting to all members of the joint review board. | 28 |
| The joint review board
shall review such information and | 29 |
| material as its members reasonably deem
relevant to the | 30 |
| county's proposals to approve economic development plans
and | 31 |
| economic development projects and to designate economic | 32 |
| development
project areas. The county shall provide such | 33 |
| information and material
promptly upon the request of the joint | 34 |
| review board and may also provide
administrative support and |
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| facilities as the joint review board may
reasonably require.
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| Within 30 days of its first meeting, a joint review board | 3 |
| shall provide
the county with a written report of its review of | 4 |
| any proposal to approve
an economic development plan and | 5 |
| economic development project and to
designate an economic | 6 |
| development project area. Such written report shall
include | 7 |
| such information and advisory, nonbinding recommendations as a
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| majority of the members of the joint review board shall deem | 9 |
| relevant.
Written reports of joint review boards may include | 10 |
| information and
advisory, nonbinding recommendations provided | 11 |
| by a minority of the members
thereof. Any joint review board | 12 |
| which does not provide such written report
within such 30-day | 13 |
| period shall be deemed to have recommended that the
county | 14 |
| proceed with a proposal to approve an economic development plan | 15 |
| and
economic development project and to designate an economic | 16 |
| development
project area.
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| (c) Notice of the public hearing shall be given by | 18 |
| publication and
mailing.
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| (1) Notice by publication shall be given by publication | 20 |
| at least
twice, the first publication to be not more than | 21 |
| 30 nor less than 10 days
prior to the hearing in a | 22 |
| newspaper of general circulation within the
taxing | 23 |
| districts having property in the proposed economic | 24 |
| development
project area. Notice by mailing shall be given | 25 |
| by depositing such notice
together with a copy of the | 26 |
| proposed economic development plan in the
United States | 27 |
| Postal Service by certified mail addressed to the person or
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| persons in whose name the general taxes for the last | 29 |
| preceding year were
paid on each lot, block, tract, or | 30 |
| parcel of land lying within the proposed
economic | 31 |
| development project area. The notice shall be mailed not | 32 |
| less
than 10 days prior to the dates set for the public | 33 |
| hearing. In the event
taxes for the last preceding year | 34 |
| were not paid, the notice shall also be
sent to the persons |
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| last listed on the tax rolls within the preceding 3
years | 2 |
| as the owners of the property.
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| (2) The notices issued pursuant to this Section shall | 4 |
| 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 | 7 |
| development project area
by legal description and by | 8 |
| street location where possible;
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| (C) A notification that all interested persons | 10 |
| will be given an
opportunity to be heard at the public | 11 |
| hearing;
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| (D) An invitation for any person to submit | 13 |
| alternative proposals or bids
for any proposed | 14 |
| conveyance, lease, mortgage or other disposition of | 15 |
| land
within the proposed economic development project | 16 |
| area;
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| (E) A description of the economic development plan | 18 |
| or economic
development project if a plan or project is | 19 |
| a subject matter of the
hearing; and
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| (F) Such other matters as the county may deem | 21 |
| appropriate.
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| (3) Not less than 45 days prior to the date set for | 23 |
| hearing, the county
shall give notice by mail as provided | 24 |
| in this subsection (c) to all taxing
districts of which | 25 |
| taxable property is included in the economic development
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| project area, and to the Department. In addition to the | 27 |
| other requirements
under this subsection (c), the notice | 28 |
| shall include an invitation to the
Department and each | 29 |
| taxing district to submit comments to the county
concerning | 30 |
| the subject matter of the hearing prior to the date of the | 31 |
| hearing.
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| (d) At the public hearing any interested person, the | 33 |
| Department or any
affected taxing district may file written | 34 |
| objections with the county clerk
and may be heard orally with |
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| respect to any issues embodied in the notice.
The county shall | 2 |
| hear and determine all alternate proposals or bids for any
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| proposed conveyance, lease, mortgage or other disposition of | 4 |
| land and all
protests and objections at the hearing, and the | 5 |
| hearing may be adjourned to
another date without further notice | 6 |
| other than a motion to be entered upon
the minutes fixing the | 7 |
| time and place of the adjourned hearing. Public
hearings with | 8 |
| regard to an economic development plan, economic development
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| project area, or economic development project may be held | 10 |
| simultaneously.
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| (e) At the public hearing, or at any time prior to the | 12 |
| adoption by the
county of an ordinance approving an economic | 13 |
| development plan, the county
may make changes in the economic | 14 |
| development plan. Changes which (1) alter
the exterior | 15 |
| boundaries of the proposed economic development project area,
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| (2) substantially affect the general land uses established in | 17 |
| the proposed
economic development plan, (3) substantially | 18 |
| change the nature of the
proposed economic development plan, | 19 |
| (4) change the general description
of any proposed developer, | 20 |
| user or tenant of any property to be located or
improved within | 21 |
| the economic development project area, or (5) change the
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| description of the type, class and number of employees to be | 23 |
| employed in
the operation of the facilities to be developed or | 24 |
| improved within the
economic development project area shall be | 25 |
| made only after review by joint
review board, notice and | 26 |
| hearing pursuant to the procedures set forth in
this Section. | 27 |
| Changes which do not (1) alter the exterior boundaries of a
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| proposed economic development project area, (2) substantially | 29 |
| affect the
general land uses established in the proposed plan, | 30 |
| (3) substantially
change the nature of the proposed economic | 31 |
| development plan, (4) change the
general description of any | 32 |
| proposed developer, user or tenant of any
property to be | 33 |
| located or improved within the economic development project
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| area, or (5) change the description of the type, class and |
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| number of
employees to be employed in the operation of the | 2 |
| facilities to be developed
or improved within the economic | 3 |
| development project area may be made
without further notice or | 4 |
| hearing, provided that the county shall give
notice of its | 5 |
| 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 | 7 |
| general
circulation with the affected taxing districts. Such | 8 |
| notice by mail and by
publication shall each occur not later | 9 |
| than 10 days following the adoption
by ordinance of such | 10 |
| changes.
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| (f) At any time within 90 days of the final adjournment
of | 12 |
| the public hearing, a county may, by ordinance, approve the | 13 |
| economic
development plan, establish the economic development | 14 |
| project area, and
authorize property tax allocation financing | 15 |
| for such economic development
project area. | 16 |
| Any ordinance adopted by Whiteside County which approves | 17 |
| the economic
development plan shall contain findings that the | 18 |
| economic development
project is reasonably expected to create | 19 |
| or retain not less than 500
full-time equivalent jobs, that | 20 |
| private investment in an amount not less
than $25,000,000 is | 21 |
| reasonably expected to occur in the
economic
development | 22 |
| project area, that the economic development project will
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| encourage the increase of commerce and industry within the | 24 |
| State, thereby
reducing the evils attendant upon unemployment | 25 |
| and increasing opportunities
for personal income, and that the | 26 |
| economic development project will
increase or maintain the | 27 |
| property, sales and income tax bases of the county
and of the | 28 |
| State.
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| Any ordinance adopted by Stephenson County that approves an | 30 |
| economic development plan shall contain findings that (i) the | 31 |
| economic development project is reasonably expected to create | 32 |
| or retain not less than 500 full-time equivalent jobs; (ii) | 33 |
| private investment in an amount not less than $10,000,000 is | 34 |
| reasonably expected to occur in the economic development area; |
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| (iii) the economic development project will encourage the | 2 |
| increase of commerce and industry within the State, thereby | 3 |
| reducing the evils attendant upon unemployment and increasing | 4 |
| opportunities for personal income; and (iv) the economic | 5 |
| development project will increase or maintain the property, | 6 |
| sales, and income tax bases of the county and of the State. | 7 |
| Before the economic development project area is established by | 8 |
| Stephenson County, the following additional conditions must be | 9 |
| included in an intergovernmental agreement approved by both the | 10 |
| Stephenson County Board and the corporate authorities of the | 11 |
| City of Freeport: (i) the corporate authorities of the City of | 12 |
| Freeport must concur by resolution with the findings of | 13 |
| Stephenson County; (ii) both the corporate authorities of the | 14 |
| City of Freeport and the Stephenson County Board shall approve | 15 |
| any and all economic or redevelopment agreements and incentives | 16 |
| for any economic development project within the economic | 17 |
| development area; (iii) any economic development project that | 18 |
| receives funds under this Act, except for any economic | 19 |
| development project specifically excluded from annexation in | 20 |
| the provisions of the intergovernmental agreement, shall agree | 21 |
| to and must enter into an annexation agreement with the City of | 22 |
| Freeport to annex property included in the economic development | 23 |
| project area to the City of Freeport at the first point in time | 24 |
| that the property becomes contiguous to the City of Freeport; | 25 |
| (iv) the local share of all State occupation and use taxes | 26 |
| allocable to the City of Freeport and Stephenson County and | 27 |
| derived from commercial projects within the economic | 28 |
| development project area shall be equally shared by and between | 29 |
| the City of Freeport and Stephenson County for the duration of | 30 |
| the economic development project; and (v) any development in | 31 |
| the economic development project area shall be built in | 32 |
| accordance with the building and related codes of both the City | 33 |
| of Freeport and Stephenson County and the City of Freeport | 34 |
| shall approve all provisions for water and sewer service.
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| The ordinance shall also state that the economic | 2 |
| development project area
shall not include parcels to be used | 3 |
| for purposes of residential
development.
Any ordinance adopted | 4 |
| which establishes an economic
development project area shall | 5 |
| contain the boundaries of such area by legal
description and, | 6 |
| where possible, by street location. Any ordinance adopted
which | 7 |
| authorizes property tax allocation financing shall provide | 8 |
| that the
ad valorem taxes, if any, arising from the levies upon | 9 |
| taxable real
property in such economic development project area | 10 |
| by taxing districts and
tax rates determined in the manner | 11 |
| provided in subsection (b) of Section 6
of this Act each year | 12 |
| after the effective date of the ordinance until
economic | 13 |
| development project costs and all county obligations financing
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| economic development project costs incurred under this Act have | 15 |
| been paid
shall be divided as follows:
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| (1) That portion of taxes levied upon each taxable lot, | 17 |
| block, tract or
parcel of real property which is | 18 |
| attributable to the lower of the current
equalized assessed | 19 |
| value or the initial equalized assessed value of each
such | 20 |
| taxable lot, block, tract or parcel of real property in the | 21 |
| economic
development project area shall be allocated to, | 22 |
| and when collected, shall
be paid by the county collector | 23 |
| to the respective affected taxing districts
in the manner | 24 |
| required by law in the absence of the adoption of property | 25 |
| tax
allocation financing.
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| (2) That portion, if any, of such taxes which is | 27 |
| attributable to the
increase in the current equalized | 28 |
| assessed valuation of each taxable lot,
block, tract or | 29 |
| parcel of real property in the economic development project
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| area over and above the initial equalized assessed value of | 31 |
| each property
in the economic development project area | 32 |
| shall be allocated to and when
collected shall be paid to | 33 |
| the county treasurer who shall deposit those
taxes into a | 34 |
| special fund called the special tax allocation fund of the
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| county for the purpose of paying economic development | 2 |
| project costs and
obligations incurred in the payment | 3 |
| thereof.
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| (g) After a county has by ordinance approved an economic | 5 |
| development plan
and established an economic development | 6 |
| project area, the plan may be
amended and the boundaries of the | 7 |
| area may be altered only as herein
provided. Amendments which | 8 |
| (1) alter the exterior boundaries of an
economic development | 9 |
| project area, (2) substantially affect the general
land uses | 10 |
| established pursuant to the economic development plan, (3)
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| substantially change the nature of the economic development | 12 |
| plan, (4)
change the general description of any proposed | 13 |
| developer, user, or tenant
of any property to be located or | 14 |
| improved within the economic development
project area, or (5) | 15 |
| change the description of the type, class and number
of | 16 |
| employees to be employed in the operation of the facilities to | 17 |
| be
developed or improved shall be made only after review by a | 18 |
| joint review
board, notice and hearing pursuant to the | 19 |
| procedures set forth in this
Section. Amendments which do not | 20 |
| (1) alter the exterior boundaries of an
economic development | 21 |
| project area, (2) substantially affect the general
land uses | 22 |
| established in the economic development plan, (3) | 23 |
| substantially
change the nature of the economic development | 24 |
| plan, (4) change the
description of any proposed developer, | 25 |
| user, or tenant of any property to
be located or improved | 26 |
| within the economic development project area, or (5)
change the | 27 |
| description of the type, class and number of employees to be
| 28 |
| employed in the operation of the facilities to be developed or | 29 |
| improved
within the economic development project area may be | 30 |
| made without further
hearing or notice, provided that the | 31 |
| county shall give notice of any
amendment by mail to the | 32 |
| Department and to each taxing district and by
publication in a | 33 |
| newspaper or newspapers of general circulation within the
| 34 |
| affected taxing districts. Such notices by mail and by |
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| publication shall
each occur not later than 10 days following | 2 |
| the adoption by ordinance of
such amendments.
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| (h) After the adoption of an ordinance adopting property | 4 |
| tax allocation
financing for an economic development project | 5 |
| area, the county
shall annually report to each taxing district | 6 |
| having taxable property
within such economic development | 7 |
| project area (i) any increase or decrease
in the equalized | 8 |
| assessed value of the real property located within such
| 9 |
| economic development project area above or below the initial | 10 |
| equalized
assessed value of such real property, (ii) that | 11 |
| portion, if any, of the ad
valorem taxes arising from the | 12 |
| levies upon taxable real property in such
economic development | 13 |
| project area by the taxing districts which is
attributable to | 14 |
| the increase in the current equalized assessed valuation of
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| each lot, block, tract or parcel of real property in the | 16 |
| economic
development project area over and above the initial | 17 |
| equalized value of each
property and which has been allocated | 18 |
| to the county in the current year,
and (iii) such other | 19 |
| information as the county may deem relevant.
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| (i) The county shall give notice by mail as provided in | 21 |
| this Section and
shall reconvene the joint review board not | 22 |
| less than annually for each of
the 2 years following its | 23 |
| adoption of an ordinance adopting property tax
allocation | 24 |
| financing for an economic development project area and not less
| 25 |
| than once in each 3-year period thereafter. The county shall | 26 |
| provide such
information, and may provide administrative | 27 |
| support and facilities as the
joint review board may reasonably | 28 |
| 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 | 32 |
| Department.
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| (a) The county shall submit certified copies of any |
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| ordinances adopted
approving a proposed economic development | 2 |
| plan, establishing an economic
development project area, and | 3 |
| authorizing tax increment allocation
financing to the | 4 |
| Department, together with (1) a map of the economic
development | 5 |
| project area, (2) a copy of the economic development plan as
| 6 |
| approved, (3) an analysis, and any supporting documents and | 7 |
| statistics,
demonstrating (i) that the economic development | 8 |
| project is reasonably expected
to create or retain not less | 9 |
| than 500 full-time equivalent jobs
and (ii) that
private | 10 |
| investment in the amount of not less than $25,000,000 for all | 11 |
| ordinances adopted by Whiteside County and in the amount of not | 12 |
| less than $10,000,000 for any ordinance adopted by Stephenson | 13 |
| County is reasonably
expected to occur in the economic | 14 |
| development project area , (4) an estimate
of the economic | 15 |
| impact of the economic development plan and the use of
property | 16 |
| tax allocation financing upon the revenues of the county and | 17 |
| the
affected taxing districts, (5) a record of all public | 18 |
| hearings held in
connection with the establishment of the | 19 |
| economic development project area,
and (6) such other | 20 |
| information as the Department by regulation may require.
| 21 |
| (b) Upon receipt of an application from a county the | 22 |
| Department shall
review the application to determine whether | 23 |
| the economic development
project area qualifies as an economic | 24 |
| development project area under this
Act. At its discretion, the | 25 |
| Department may accept or reject the application
or may request | 26 |
| such additional information as it deems necessary or
advisable | 27 |
| to aid its review. If any such area is found to be qualified to
| 28 |
| be an economic development project area, the Department shall | 29 |
| approve and
certify such economic development project area and | 30 |
| shall provide written
notice of its approval and certification | 31 |
| to the county and to the county
clerk. In determining whether | 32 |
| an economic development project area shall be
approved and | 33 |
| certified, the Department shall consider (1) whether, without
| 34 |
| public intervention, the State would suffer substantial |
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| economic
dislocation, such as relocation of a commercial | 2 |
| business or industrial or
manufacturing facility to another | 3 |
| state, territory or country, or would not
otherwise benefit | 4 |
| from private investment offering substantial employment
| 5 |
| opportunities and economic growth, and (2) the impact on the | 6 |
| revenues of
the county and the affected taxing districts of the | 7 |
| use of tax increment
allocation financing in connection with | 8 |
| the economic development project.
| 9 |
| (c) On or before July 1, 2007
2006 , the Department shall | 10 |
| submit to
the
General Assembly a report detailing the number of | 11 |
| economic development
project areas it has approved and | 12 |
| certified, the number and type of jobs
created or retained | 13 |
| therein, the aggregate amount of private investment
therein, | 14 |
| the impact in the revenues of counties and affected taxing
| 15 |
| districts of the use of property tax allocation financing | 16 |
| therein, and such
additional information as the Department may | 17 |
| determine to be relevant. On
July 1, 2008 the authority granted | 18 |
| hereunder to counties to
establish
economic development | 19 |
| project areas and to adopt property tax allocation
financing in | 20 |
| connection therewith and to the Department to approve and
| 21 |
| certify economic development project areas shall expire unless | 22 |
| the General
Assembly shall have authorized counties and the | 23 |
| Department to continue to
exercise the powers granted to them | 24 |
| under this Act.
| 25 |
| (Source: P.A. 92-791, eff. 8-6-02.)
| 26 |
| Section 99. Effective date. This Act takes effect upon | 27 |
| becoming law.".
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