Full Text of HB1295 98th General Assembly
HB1295ham001 98TH GENERAL ASSEMBLY | Rep. Al Riley Filed: 2/21/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1295
| 2 | | AMENDMENT NO. ______. Amend House Bill 1295 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Urban Development Authority Act is | 5 | | amended by changing Sections 2 and 3 as follows: | 6 | | (70 ILCS 531/2)
| 7 | | Sec. 2. Findings. The General Assembly hereby determines | 8 | | and declares that:
| 9 | | (1) the economic burdens resulting from involuntary | 10 | | unemployment fall in part upon the State in the form of | 11 | | increased need for public assistance, reduced tax | 12 | | revenues, and increased resources devoted to crime | 13 | | prevention and incarceration and that the unemployed | 14 | | worker and his or her family may migrate outside the State | 15 | | to find work and such migration will reduce the tax | 16 | | revenues of local governments and the State of Illinois, |
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| 1 | | thereby endangering their financial ability to support | 2 | | necessary governmental services for their remaining | 3 | | inhabitants; | 4 | | (2) the State has a responsibility to help create a | 5 | | favorable climate for new and improved job opportunities | 6 | | for all of its citizens, especially in areas with high | 7 | | economic distress, by encouraging the development of | 8 | | commercial and service businesses and industrial and | 9 | | manufacturing plants and creating job opportunities; | 10 | | (3) the State has a responsibility to increase and | 11 | | improve post-release employment opportunities for | 12 | | ex-offenders and reduce recidivism rates through the | 13 | | combined resources and expertise of providers of workforce | 14 | | development, supportive services, and private enterprises; | 15 | | (4) a lack of decent housing contributes to urban | 16 | | blight, crime, anti-social behavior, disease, a higher | 17 | | need for public assistance, reduced tax revenues, and the | 18 | | migration of workers and their families away from areas | 19 | | that fail to offer adequate, decent, affordable housing; | 20 | | (5) decent, affordable housing is a necessary | 21 | | ingredient of life affording each citizen basic human | 22 | | dignity, a sense of self worth, confidence, and a firm | 23 | | foundation upon which to build a family and educate | 24 | | children; and | 25 | | (6) in order to foster civic and neighborhood pride, | 26 | | citizens require access to educational institutions, |
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| 1 | | recreation, parks and open spaces, entertainment and | 2 | | sports, a reliable transportation network, cultural | 3 | | facilities, and theaters.
| 4 | | It is hereby declared to be the policy of the State of | 5 | | Illinois, in the interest of promoting industrial, commercial, | 6 | | residential, jobs, service, transportation, and facilities, | 7 | | thereby reducing the evils attendant upon unemployment, crime, | 8 | | and recidivism and enhancing the public health, safety, morals, | 9 | | happiness, and general welfare of this State specifically by | 10 | | making available through the Illinois Urban Development | 11 | | Authority, funds for industrial projects, commercial projects, | 12 | | transportation projects, and housing projects to a | 13 | | municipality with a municipal poverty rate greater than 3% in | 14 | | excess of the statewide average.
| 15 | | (Source: P.A. 96-234, eff. 1-1-10.) | 16 | | (70 ILCS 531/3)
| 17 | | Sec. 3. Definitions. The following terms, whenever used or | 18 | | referred to in this Act, shall have the following meanings, | 19 | | except in such instances where the context may clearly indicate | 20 | | otherwise: | 21 | | "Authority" means the Illinois Urban Development Authority | 22 | | created by this Act.
| 23 | | "Board" means the Illinois Urban Development Authority | 24 | | Board of Directors. | 25 | | "Bonds" shall include bonds, notes, or other evidence of |
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| 1 | | indebtedness. | 2 | | "Commercial project" means any project, including but not | 3 | | limited to one or more buildings and other structures, | 4 | | improvements, machinery, and equipment whether or not on the | 5 | | same site or sites now existing or hereafter acquired, suitable | 6 | | for use by any retail or wholesale concern, distributorship, or | 7 | | agency, any cultural facilities of a for-profit or | 8 | | not-for-profit type including but not limited to educational, | 9 | | theatrical, recreational and entertainment, sports facilities, | 10 | | racetracks, stadiums, convention centers, exhibition halls, | 11 | | arenas, opera houses and theaters, waterfront improvements, | 12 | | swimming pools, boat storage, moorage, docking facilities, | 13 | | restaurants, coliseums, sports training facilities, parking | 14 | | facilities, terminals, hotels and motels, gymnasiums, medical | 15 | | facilities, and port facilities. | 16 | | "Costs incurred in connection with the development, | 17 | | construction, acquisition, or improvement of a project" means | 18 | | the cost of purchase and construction of all lands and | 19 | | improvements in connection with a project and equipment and | 20 | | other property, rights, easements, and franchises acquired | 21 | | that are deemed necessary for such construction; financing | 22 | | charges; interest costs with respect to bonds, notes, and other | 23 | | evidences of indebtedness of the Authority prior to and during | 24 | | construction and for a period of 6 months thereafter; | 25 | | engineering and legal expenses; the costs of plans, | 26 | | specifications, surveys, and estimates of costs and other |
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| 1 | | expenses necessary or incident to determining the feasibility | 2 | | or practicability of any project, together with such other | 3 | | expenses as may be necessary or incident to the financing, | 4 | | insuring, acquisition, and construction of a specific project | 5 | | and the placing of the same in operation. | 6 | | "Develop" or "development" means to do one or more of the | 7 | | following: plan, design, develop, lease, acquire, install, | 8 | | construct, reconstruct, rehabilitate, extend, or expand. | 9 | | "Financial aid" means the expenditure of Authority funds or | 10 | | funds provided by the Authority through the issuance of its | 11 | | revenue bonds, notes, or other evidences of indebtedness for | 12 | | the development, construction, acquisition, or improvement of | 13 | | a project. | 14 | | "Governmental agency" means any federal, State or local | 15 | | governmental body, and any agency or instrumentality thereof, | 16 | | corporate or otherwise.
| 17 | | "Governor" means the Governor of the State of Illinois. | 18 | | "Housing project" or "residential project" includes a | 19 | | specific work or improvement undertaken to provide dwelling | 20 | | accommodations, including the acquisition, construction, | 21 | | leasing, or rehabilitation of lands, buildings, and community | 22 | | facilities and in connection therewith to provide nonhousing | 23 | | facilities which are an integral part of a planned large-scale | 24 | | project or new community. | 25 | | "Industrial project" means (1) a capital project, | 26 | | including one or more buildings and other structures, |
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| 1 | | improvements, machinery, and equipment whether or not on the | 2 | | same site or sites now existing or hereafter acquired, suitable | 3 | | for use by any manufacturing, industrial, research, | 4 | | transportation, or commercial enterprise including but not | 5 | | limited to use as a factory, mill, processing plant, assembly | 6 | | plant, packaging plant, fabricating plant, office building, | 7 | | industrial distribution center, warehouse, repair, overhaul or | 8 | | service facility, freight terminal, research facility, test | 9 | | facility, railroad facility, solid waste and wastewater | 10 | | treatment and disposal sites and other pollution control | 11 | | facilities, resource or waste reduction, recovery, treatment | 12 | | and disposal facilities, and including also the sites thereof | 13 | | and other rights in land therefor whether improved or | 14 | | unimproved, site preparation and landscaping and all | 15 | | appurtenances and facilities incidental thereto such as | 16 | | utilities, access roads, railroad sidings, truck docking and | 17 | | similar facilities, parking facilities, dockage, wharfage, | 18 | | railroad roadbed, track, trestle, depot, terminal, switching, | 19 | | and signaling equipment or related equipment and other | 20 | | improvements necessary or convenient thereto; or (2) any land, | 21 | | buildings, machinery or equipment comprising an addition to or | 22 | | renovation, rehabilitation or improvement of any existing | 23 | | capital project. | 24 | | "Lease agreement" means an agreement whereby a project | 25 | | acquired by the Authority by purchase, gift, or lease is leased | 26 | | to any person or corporation that will use or cause the project |
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| 1 | | to be used as a project as defined in this Act upon terms | 2 | | providing for lease rental payments at least sufficient to pay | 3 | | when due all principal of and interest and premium, if any, on | 4 | | any bonds, notes or other evidences of indebtedness of the | 5 | | Authority issued with respect to such project, providing for | 6 | | the maintenance, insurance, and operation of the project on | 7 | | terms satisfactory to the Authority, and providing for | 8 | | disposition of the project upon termination of the lease term, | 9 | | including purchase options or abandonment of the premises, with | 10 | | such other terms as may be deemed desirable by the Authority. | 11 | | The Authority may, directly or indirectly, lease or otherwise | 12 | | transfer property the Authority owns to another and such leased | 13 | | property shall remain tax exempt. | 14 | | "Loan agreement" means any agreement pursuant to which the | 15 | | Authority agrees to loan the proceeds of its bonds, notes, or | 16 | | other evidences of indebtedness issued with respect to a | 17 | | project to any person or corporation that will use or cause the | 18 | | project to be used as a project as defined in this Act upon | 19 | | terms providing for loan repayment installments at least | 20 | | sufficient to pay when due all principal and interest and | 21 | | premium, if any, on any bonds, notes, or other evidences of | 22 | | indebtedness of the Authority issued with respect to the | 23 | | project, providing for maintenance, insurance, and operation | 24 | | of the project on terms satisfactory to the Authority and | 25 | | providing for other matters as may be deemed advisable by the | 26 | | Authority. |
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| 1 | | "Maintain" or "maintenance" includes ordinary maintenance, | 2 | | repair, rehabilitation, capital maintenance, maintenance | 3 | | replacement, and any other categories of maintenance that may | 4 | | be designated by the local, regional, or State transportation | 5 | | agency. | 6 | | "Municipal poverty rate" is the percentage of total | 7 | | population of the municipality having income levels below the | 8 | | poverty level as determined by the Authority based upon the | 9 | | most recent data released by the United States Census Bureau | 10 | | before the beginning of such calendar year.
| 11 | | "Occupational license" means a license issued by the | 12 | | Illinois Gaming Board to a person or entity to perform an | 13 | | occupation which the Illinois Gaming Board has identified as | 14 | | requiring a license to engage in riverboat, dockside, or | 15 | | land-based gambling in Illinois. | 16 | | "Operate" or "operation" means to do one or more of the | 17 | | following: maintain, improve, equip, modify, or otherwise | 18 | | operate. | 19 | | "Person" means any natural person, firm, partnership, | 20 | | corporation, both domestic and foreign, company, association, | 21 | | or joint stock association and includes any trustee, receiver, | 22 | | assignee, or personal representative thereof.
| 23 | | "Project" means an industrial, housing, residential, | 24 | | commercial, transportation, or service project, or any | 25 | | combination thereof, provided that all uses shall fall within | 26 | | one of those categories. Any project, of any nature whatsoever, |
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| 1 | | shall automatically include all site improvements and new | 2 | | construction involving sidewalks, sewers, solid waste and | 3 | | wastewater treatment and disposal sites and other pollution | 4 | | control facilities, resource or waste reduction, recovery, | 5 | | treatment and disposal facilities, parks, open spaces, | 6 | | wildlife sanctuaries, streets, highways, and runways. | 7 | | "Revenue bond" means any bond issued by the Authority under | 8 | | the supervision of the Illinois Finance Authority, the | 9 | | principal and interest of which are payable solely from | 10 | | revenues or income derived from any project or activity of the | 11 | | Authority. | 12 | | "Transportation facility" means any new or existing road, | 13 | | highway, toll highway, bridge, tunnel, intermodal facility, | 14 | | intercity or high-speed passenger rail, or other | 15 | | transportation facility or infrastructure, excluding airports. | 16 | | The term "transportation facility" may refer to one or more | 17 | | transportation facilities that are proposed to be developed or | 18 | | operated as part of a single transportation project. | 19 | | "Transportation project" means one or more transportation | 20 | | improvement projects including, but not limited to, new or | 21 | | existing roads or highways, new or expanded intermodal | 22 | | projects, and new or expanded transit projects, | 23 | | transit-oriented development, intercity rail, and passenger | 24 | | rail. "Transportation project" does not include airport | 25 | | projects.
| 26 | | (Source: P.A. 96-234, eff. 1-1-10.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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