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Public Act 92-0791
SB2227 Enrolled LRB9216068SMmb
AN ACT concerning economic development.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The County Economic Development Project Area
Property Tax Allocation Act is amended by changing Sections 4
and 5 as follows:
(55 ILCS 85/4) (from Ch. 34, par. 7004)
Sec. 4. Establishment of economic development project
area; ordinance; joint review board; notice; hearing; changes
in economic development plan; annual reporting requirements.
Economic development project areas shall be established as
follows:
(a) The corporate authorities of Whiteside a County,
with more than 200,000 and less than 300,000 inhabitants and
which is adjacent to the Mississippi River, may by ordinance
propose the establishment of an economic development project
area and fix a time and place for a public hearing, and shall
submit a certified copy of the ordinance as adopted to the
Department.
(b) Any county which adopts an ordinance which fixes a
date, time and place for a public hearing shall convene a
joint review board as hereinafter provided. Not less than 45
days prior to the date fixed for the public hearing, the
county shall give notice by mailing to the chief executive
officer of each affected taxing district having taxable
property included in the proposed economic development
project area that such chief executive officer or his
designee is invited to participate in a joint review board.
The designee shall serve at the discretion of the chief
executive officer of the taxing district for a term not to
exceed 2 years. Such notice shall advise each chief executive
officer of the date, time and place of the first meeting of
such joint review board, which shall occur not less than 30
days prior to the date of the public hearing. Such notice by
mail shall be given by depositing such notice in the United
States Postal Service by certified mail.
At or prior to the first meeting of such joint review
board the county shall furnish to any member of such joint
review board copies of the proposed economic development plan
and any related documents which such member shall reasonably
request. A majority of the members of such joint review
board present at any meeting shall constitute a quorum.
Additional meetings may be called by any member of a joint
review board upon the giving of notice not less than 72 hours
prior to the date of any additional meeting to all members of
the joint review board. The joint review board shall review
such information and material as its members reasonably deem
relevant to the county's proposals to approve economic
development plans and economic development projects and to
designate economic development project areas. The county
shall provide such information and material promptly upon the
request of the joint review board and may also provide
administrative support and facilities as the joint review
board may reasonably require.
Within 30 days of its first meeting, a joint review board
shall provide the county with a written report of its review
of any proposal to approve an economic development plan and
economic development project and to designate an economic
development project area. Such written report shall include
such information and advisory, nonbinding recommendations as
a majority of the members of the joint review board shall
deem relevant. Written reports of joint review boards may
include information and advisory, nonbinding recommendations
provided by a minority of the members thereof. Any joint
review board which does not provide such written report
within such 30-day period shall be deemed to have recommended
that the county proceed with a proposal to approve an
economic development plan and economic development project
and to designate an economic development project area.
(c) Notice of the public hearing shall be given by
publication and mailing.
(1) Notice by publication shall be given by
publication at least twice, the first publication to be
not more than 30 nor less than 10 days prior to the
hearing in a newspaper of general circulation within the
taxing districts having property in the proposed economic
development project area. Notice by mailing shall be
given by depositing such notice together with a copy of
the proposed economic development plan in the United
States Postal Service by certified mail addressed to the
person or persons in whose name the general taxes for the
last preceding year were paid on each lot, block, tract,
or parcel of land lying within the proposed economic
development project area. The notice shall be mailed not
less than 10 days prior to the dates set for the public
hearing. In the event taxes for the last preceding year
were not paid, the notice shall also be sent to the
persons last listed on the tax rolls within the preceding
3 years as the owners of the property.
(2) The notices issued pursuant to this Section
shall include the following:
(A) The time and place of public hearing;
(B) The boundaries of the proposed economic
development project area by legal description and by
street location where possible;
(C) A notification that all interested persons
will be given an opportunity to be heard at the
public hearing;
(D) An invitation for any person to submit
alternative proposals or bids for any proposed
conveyance, lease, mortgage or other disposition of
land within the proposed economic development
project area;
(E) A description of the economic development
plan or economic development project if a plan or
project is a subject matter of the hearing; and
(F) Such other matters as the county may deem
appropriate.
(3) Not less than 45 days prior to the date set for
hearing, the county shall give notice by mail as provided
in this subsection (c) to all taxing districts of which
taxable property is included in the economic development
project area, and to the Department. In addition to the
other requirements under this subsection (c), the notice
shall include an invitation to the Department and each
taxing district to submit comments to the county
concerning the subject matter of the hearing prior to the
date of the hearing.
(d) At the public hearing any interested person, the
Department or any affected taxing district may file written
objections with the county clerk and may be heard orally with
respect to any issues embodied in the notice. The county
shall hear and determine all alternate proposals or bids for
any proposed conveyance, lease, mortgage or other disposition
of land and all protests and objections at the hearing, and
the hearing may be adjourned to another date without further
notice other than a motion to be entered upon the minutes
fixing the time and place of the adjourned hearing. Public
hearings with regard to an economic development plan,
economic development project area, or economic development
project may be held simultaneously.
(e) At the public hearing, or at any time prior to the
adoption by the county of an ordinance approving an economic
development plan, the county may make changes in the economic
development plan. Changes which (1) alter the exterior
boundaries of the proposed economic development project area,
(2) substantially affect the general land uses established in
the proposed economic development plan, (3) substantially
change the nature of the proposed economic development plan,
(4) change the general description of any proposed developer,
user or tenant of any property to be located or improved
within the economic development project area, or (5) change
the description of the type, class and number of employees to
be employed in the operation of the facilities to be
developed or improved within the economic development project
area shall be made only after review by joint review board,
notice and hearing pursuant to the procedures set forth in
this Section. Changes which do not (1) alter the exterior
boundaries of a proposed economic development project area,
(2) substantially affect the general land uses established in
the proposed plan, (3) substantially change the nature of the
proposed economic development plan, (4) change the general
description of any proposed developer, user or tenant of any
property to be located or improved within the economic
development project area, or (5) change the description of
the type, class and number of employees to be employed in the
operation of the facilities to be developed or improved
within the economic development project area may be made
without further notice or hearing, provided that the county
shall give notice of its changes by mail to the Department
and to each affected taxing district and by publication in a
newspaper or newspapers of general circulation with the
affected taxing districts. Such notice by mail and by
publication shall each occur not later than 10 days following
the adoption by ordinance of such changes.
(f) At any time within 90 days of the final adjournment
of the public hearing, a county may, by ordinance, approve
the economic development plan, establish the economic
development project area, and authorize property tax
allocation financing for such economic development project
area. Any ordinance adopted which approves the economic
development plan shall contain findings that the economic
development project is reasonably expected to create or
retain not less than 500 1,000 full-time equivalent jobs,
that private investment in an amount not less than
$25,000,000 $50,000,000 is reasonably expected to occur in
the economic development project area, that the economic
development project will encourage the increase of commerce
and industry within the State, thereby reducing the evils
attendant upon unemployment and increasing opportunities for
personal income, and that the economic development project
will increase or maintain the property, sales and income tax
bases of the county and of the State. The ordinance shall
also state that the economic development project area shall
not include parcels to be used for purposes of residential
development. Any ordinance adopted which establishes an
economic development project area shall contain the
boundaries of such area by legal description and, where
possible, by street location. Any ordinance adopted which
authorizes property tax allocation financing shall provide
that the ad valorem taxes, if any, arising from the levies
upon taxable real property in such economic development
project area by taxing districts and tax rates determined in
the manner provided in subsection (b) of Section 6 of this
Act each year after the effective date of the ordinance until
economic development project costs and all county obligations
financing economic development project costs incurred under
this Act have been paid shall be divided as follows:
(1) That portion of taxes levied upon each taxable
lot, block, tract or parcel of real property which is
attributable to the lower of the current equalized
assessed value or the initial equalized assessed value of
each such taxable lot, block, tract or parcel of real
property in the economic development project area shall
be allocated to, and when collected, shall be paid by the
county collector to the respective affected taxing
districts in the manner required by law in the absence of
the adoption of property tax allocation financing.
(2) That portion, if any, of such taxes which is
attributable to the increase in the current equalized
assessed valuation of each taxable lot, block, tract or
parcel of real property in the economic development
project area over and above the initial equalized
assessed value of each property in the economic
development project area shall be allocated to and when
collected shall be paid to the county treasurer who shall
deposit those taxes into a special fund called the
special tax allocation fund of the county for the purpose
of paying economic development project costs and
obligations incurred in the payment thereof.
(g) After a county has by ordinance approved an economic
development plan and established an economic development
project area, the plan may be amended and the boundaries of
the area may be altered only as herein provided. Amendments
which (1) alter the exterior boundaries of an economic
development project area, (2) substantially affect the
general land uses established pursuant to the economic
development plan, (3) substantially change the nature of the
economic development plan, (4) change the general description
of any proposed developer, user, or tenant of any property to
be located or improved within the economic development
project area, or (5) change the description of the type,
class and number of employees to be employed in the
operation of the facilities to be developed or improved shall
be made only after review by a joint review board, notice and
hearing pursuant to the procedures set forth in this Section.
Amendments which do not (1) alter the exterior boundaries of
an economic development project area, (2) substantially
affect the general land uses established in the economic
development plan, (3) substantially change the nature of the
economic development plan, (4) change the description of any
proposed developer, user, or tenant of any property to be
located or improved within the economic development project
area, or (5) change the description of the type, class and
number of employees to be employed in the operation of the
facilities to be developed or improved within the economic
development project area may be made without further hearing
or notice, provided that the county shall give notice of any
amendment by mail to the Department and to each taxing
district and by publication in a newspaper or newspapers of
general circulation within the affected taxing districts.
Such notices by mail and by publication shall each occur not
later than 10 days following the adoption by ordinance of
such amendments.
(h) After the adoption of an ordinance adopting property
tax allocation financing for an economic development project
area, the county shall annually report to each taxing
district having taxable property within such economic
development project area (i) any increase or decrease in the
equalized assessed value of the real property located within
such economic development project area above or below the
initial equalized assessed value of such real property, (ii)
that portion, if any, of the ad valorem taxes arising from
the levies upon taxable real property in such economic
development project area by the taxing districts which is
attributable to the increase in the current equalized
assessed valuation of each lot, block, tract or parcel of
real property in the economic development project area over
and above the initial equalized value of each property and
which has been allocated to the county in the current year,
and (iii) such other information as the county may deem
relevant.
(i) The county shall give notice by mail as provided in
this Section and shall reconvene the joint review board not
less than annually for each of the 2 years following its
adoption of an ordinance adopting property tax allocation
financing for an economic development project area and not
less than once in each 3-year period thereafter. The county
shall provide such information, and may provide
administrative support and facilities as the joint review
board may reasonably require for each of such meetings.
(Source: P.A. 86-1388.)
(55 ILCS 85/5) (from Ch. 34, par. 7005)
Sec. 5. Submission to Department; certification by
Department.
(a) The county shall submit certified copies of any
ordinances adopted approving a proposed economic development
plan, establishing an economic development project area, and
authorizing tax increment allocation financing to the
Department, together with (1) a map of the economic
development project area, (2) a copy of the economic
development plan as approved, (3) an analysis, and any
supporting documents and statistics, demonstrating that the
economic development project is reasonably expected to create
or retain not less than 500 1,000 full-time equivalent jobs
and that private investment in the amount of not less than
$25,000,000 $50,000,000 is reasonably expected to occur in
the economic development project area, (4) an estimate of the
economic impact of the economic development plan and the use
of property tax allocation financing upon the revenues of the
county and the affected taxing districts, (5) a record of all
public hearings held in connection with the establishment of
the economic development project area, and (6) such other
information as the Department by regulation may require.
(b) Upon receipt of an application from a county the
Department shall review the application to determine whether
the economic development project area qualifies as an
economic development project area under this Act. At its
discretion, the Department may accept or reject the
application or may request such additional information as it
deems necessary or advisable to aid its review. If any such
area is found to be qualified to be an economic development
project area, the Department shall approve and certify such
economic development project area and shall provide written
notice of its approval and certification to the county and to
the county clerk. In determining whether an economic
development project area shall be approved and certified, the
Department shall consider (1) whether, without public
intervention, the State would suffer substantial economic
dislocation, such as relocation of a commercial business or
industrial or manufacturing facility to another state,
territory or country, or would not otherwise benefit from
private investment offering substantial employment
opportunities and economic growth, and (2) the impact on the
revenues of the county and the affected taxing districts of
the use of tax increment allocation financing in connection
with the economic development project.
(c) On or before July 1, 2006 1994, the Department shall
submit to the General Assembly a report detailing the number
of economic development project areas it has approved and
certified, the number and type of jobs created or retained
therein, the aggregate amount of private investment therein,
the impact in the revenues of counties and affected taxing
districts of the use of property tax allocation financing
therein, and such additional information as the Department
may determine to be relevant. On July 1, 2008 1996 the
authority granted hereunder to counties to establish economic
development project areas and to adopt property tax
allocation financing in connection therewith and to the
Department to approve and certify economic development
project areas shall expire unless the General Assembly shall
have authorized counties and the Department to continue to
exercise the powers granted to them under this Act.
(Source: P.A. 87-18; 88-688, eff. 1-24-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 30, 2002.
Approved August 06, 2002.
Effective August 06, 2002.
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