Public Act 094-0259
 		





HB0909 Enrolled
LRB094 06759 AJO 36861 b






    AN ACT concerning counties.

 
    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 Section 4 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 County 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.

    (a-5) After the effective date of this amendatory Act of 
the 93rd General Assembly, the corporate authorities of 
Stephenson County 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.

    (a-10) The corporate authorities of Grundy County may, by 
ordinance, propose the establishment of an economic 
development project and fix a time and place for a public 
hearing. Upon passage of the ordinance, the corporate 
authorities of Grundy County 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 and, if the 
ordinance is adopted by Stephenson County, the chief executive 
officer of any municipality within Stephenson County having a 
population of more than 20,000 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 by Whiteside County 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
full-time equivalent jobs, that 
private investment in an amount not less
than $25,000,000 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.

    Any ordinance adopted by Grundy County that approves the 
economic
development plan shall contain findings that the 
economic development
project is reasonably expected to create 
or retain not less than 250
full-time equivalent jobs, that 
private investment in an amount not less
than $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.

    Any ordinance adopted by Stephenson County that approves an 
economic development plan shall contain findings that (i)  the 
economic development project is reasonably expected to create 
or retain not less than 500 full-time equivalent jobs; (ii) 
private investment in an amount not less than $10,000,000 is 
reasonably expected to occur in the economic development area; 
(iii) 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 (iv) the economic 
development project will increase or maintain the property, 
sales, and income tax bases of the county and of the State. 
Before the economic development project area is established by 
Stephenson County, the following additional conditions must be 
included in an intergovernmental agreement approved by both the 
Stephenson County Board and the corporate authorities of the 
City of Freeport: (i) the corporate authorities of the City of 
Freeport must concur by resolution with the findings of 
Stephenson County; (ii) both the corporate authorities of the 
City of Freeport and the Stephenson County Board shall approve 
any and all economic or redevelopment agreements and incentives  
for any economic development project within the economic 
development area; (iii) any economic development project that 
receives funds under this Act, except for any economic 
development project specifically excluded from annexation in 
the provisions of the intergovernmental agreement, shall agree 
to and must enter into an annexation agreement with the City of 
Freeport to annex property included in the economic development 
project area to the City of Freeport at the first point in time 
that the property becomes contiguous to the City of Freeport; 
(iv) the local share of all State occupation and use taxes 
allocable to the City of Freeport and Stephenson County and 
derived from commercial projects within the economic 
development project area shall be equally shared by and between 
the City of Freeport and Stephenson County for the duration of 
the economic development project; and (v) any development in 
the economic development project area shall be built in 
accordance with the building and related codes of both the City 
of Freeport and Stephenson County and the City of Freeport 
shall approve all provisions for water and sewer service.

    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. 92-791, eff. 8-6-02; 93-959, eff. 8-20-04.)