Bill Text: IL HB0694 | 2015-2016 | 99th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Service Occupation Tax Act. Makes a technical change in a Section concerning taxes collected by a supplier.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Passed) 2016-06-30 - Public Act . . . . . . . . . 99-0513 [HB0694 Detail]

Download: Illinois-2015-HB0694-Engrossed.html

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AN ACT concerning revenue.
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 3,
7, and 8 as follows:
(55 ILCS 85/3) (from Ch. 34, par. 7003)
Sec. 3. Definitions. In this Act, words or terms shall have
the following meanings unless the context usage clearly
indicates that another meaning is intended.
(a) "Department" means the Department of Commerce and
Economic Opportunity.
(b) "Economic development plan" means the written plan of a
county which sets forth an economic development program for an
economic development project area. Each economic development
plan shall include but not be limited to (1) estimated economic
development project costs, (2) the sources of funds to pay such
costs, (3) the nature and term of any obligations to be issued
by the county to pay such costs, (4) the most recent equalized
assessed valuation of the economic development project area,
(5) an estimate of the equalized assessed valuation of the
economic development project area after completion of the
economic development plan, (6) the estimated date of completion

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of any economic development project proposed to be undertaken,
(7) a general description of any proposed developer, user, or
tenant of any property to be located or improved within the
economic development project area, (8) a description of the
type, structure and general character of the facilities to be
developed or improved in the economic development project area,
(9) a description of the general land uses to apply in the
economic development project area, (10) a description of the
type, class and number of employees to be employed in the
operation of the facilities to be developed or improved in the
economic development project area and (11) a commitment by the
county to fair employment practices and an affirmative action
plan with respect to any economic development program to be
undertaken by the county. The economic development plan for an
economic development project area authorized by subsection
(a-15) of Section 4 of this Act must additionally include (1)
evidence indicating that the redevelopment project area on the
whole has not been subject to growth and development through
investment by private enterprise and is not reasonably expected
to be subject to such growth and development without the
assistance provided through the implementation of the economic
development plan and (2) evidence that portions of the economic
development project area have incurred Illinois Environmental
Protection Agency or United States Environmental Protection
Agency remediation costs for, or a study conducted by an
independent consultant recognized as having expertise in

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environmental remediation has determined a need for, the
clean-up of hazardous waste, hazardous substances, or
underground storage tanks required by State or federal law,
provided that the remediation costs constitute a material
impediment to the development or redevelopment of the project
area.
(c) "Economic development project" means any development
project in furtherance of the objectives of this Act.
(d) "Economic development project area" means any improved
or vacant area which is located within the corporate limits of
a county and which (1) is within the unincorporated area of
such county, or, with the consent of any affected municipality,
is located partially within the unincorporated area of such
county and partially within one or more municipalities, (2) is
contiguous, (3) is not less in the aggregate than 100 acres
and, for an economic development project area authorized by
subsection (a-15) of Section 4 of this Act, not more than 2,000
acres, (4) is suitable for siting by any commercial,
manufacturing, industrial, research or transportation
enterprise of facilities to include but not be limited to
commercial businesses, offices, factories, mills, processing
plants, assembly plants, packing plants, fabricating plants,
industrial or commercial distribution centers, warehouses,
repair overhaul or service facilities, freight terminals,
research facilities, test facilities or transportation
facilities, whether or not such area has been used at any time

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for such facilities and whether or not the area has been used
or is suitable for such facilities and whether or not the area
has been used or is suitable for other uses, including
commercial agricultural purposes, and (5) which has been
certified by the Department pursuant to this Act.
(e) "Economic development project costs" means and
includes the sum total of all reasonable or necessary costs
incurred by a county incidental to an economic development
project, including, without limitation, the following:
(1) Costs of studies, surveys, development of plans and
specifications, implementation and administration of an
economic development plan, personnel and professional
service costs for architectural, engineering, legal,
marketing, financial, planning, sheriff, fire, public
works or other services, provided that no charges for
professional services may be based on a percentage of
incremental tax revenue;
(2) Property assembly costs within an economic
development project area, including but not limited to
acquisition of land and other real or personal property or
rights or interests therein, and specifically including
payments to developers or other non-governmental persons
as reimbursement for property assembly costs incurred by
such developer or other non-governmental person;
(3) Site preparation costs, including but not limited
to clearance of any area within an economic development

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project area by demolition or removal of any existing
buildings, structures, fixtures, utilities and
improvements and clearing and grading; site improvement
addressing ground level or below ground environmental
contamination; and including installation, repair,
construction, reconstruction, or relocation of public
streets, public utilities, and other public site
improvements within or without an economic development
project area which are essential to the preparation of the
economic development project area for use in accordance
with an economic development plan; and specifically
including payments to developers or other non-governmental
persons as reimbursement for site preparation costs
incurred by such developer or non-governmental person;
(4) Costs of renovation, rehabilitation,
reconstruction, relocation, repair or remodeling of any
existing buildings, improvements, and fixtures within an
economic development project area, and specifically
including payments to developers or other non-governmental
persons as reimbursement for such costs incurred by such
developer or non-governmental person;
(5) Costs of construction within an economic
development project area of public improvements, including
but not limited to, buildings, structures, works,
improvements, utilities or fixtures;
(6) Financing costs, including but not limited to all

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necessary and incidental expenses related to the issuance
of obligations, payment of any interest on any obligations
issued hereunder which accrues during the estimated period
of construction of any economic development project for
which such obligations are issued and for not exceeding 36
months thereafter, and any reasonable reserves related to
the issuance of such obligations;
(7) All or a portion of a taxing district's capital
costs resulting from an economic development project
necessarily incurred or estimated to be incurred by a
taxing district in the furtherance of the objectives of an
economic development project, to the extent that the county
by written agreement accepts, approves and agrees to incur
or to reimburse such costs;
(8) Relocation costs to the extent that a county
determines that relocation costs shall be paid or is
required to make payment of relocation costs by federal or
State law;
(9) The estimated tax revenues from real property in an
economic development project area acquired by a county
which, according to the economic development plan, is to be
used for a private use and which any taxing district would
have received had the county not adopted property tax
allocation financing for an economic development project
area and which would result from such taxing district's
levies made after the time of the adoption by the county of

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property tax allocation financing to the time the current
equalized assessed value of real property in the economic
development project area exceeds the total initial
equalized value of real property in that area;
(10) Costs of rebating ad valorem taxes paid by any
developer or other nongovernmental person in whose name the
general taxes were paid for the last preceding year on any
lot, block, tract or parcel of land in the economic
development project area, provided that:
(i) such economic development project area is
located in an enterprise zone created pursuant to the
Illinois Enterprise Zone Act; beginning on the
effective date of this amendatory Act of the 98th
General Assembly and ending on the date occurring 3
years later, compliance with this provision (i) is not
required in Grundy County in relation to one or more
contiguous parcels not exceeding a total area of 120
acres within which an electric generating facility is
intended to be constructed and where the owner of such
proposed electric generating facility has entered into
a redevelopment agreement with Grundy County in
respect thereto between July 25, 2013 and July 26,
2017;
(ii) such ad valorem taxes shall be rebated only in
such amounts and for such tax year or years as the
county and any one or more affected taxing districts

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shall have agreed by prior written agreement;
beginning on July 25, 2013 and ending on July 25, 2017
the effective date of this amendatory Act of the 98th
General Assembly and ending on the date occurring 3
years later, compliance with this provision (ii) is not
required in Grundy County in relation to one or more
contiguous parcels not exceeding a total area of 120
acres within which an electric generating facility is
intended to be constructed and where the owner of such
proposed electric generating facility has entered into
a redevelopment agreement with Grundy County in
respect thereto if the county receives approval from
2/3 of the taxing districts having taxable property
within such parcels and representing no less than 75%
of the aggregate tax levy for those all of the affected
taxing districts for the levy year;
(iii) any amount of rebate of taxes shall not
exceed the portion, if any, of taxes levied by the
county or such taxing district or districts 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 existing at the time
property tax allocation financing was adopted for said
economic development project area; and

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(iv) costs of rebating ad valorem taxes shall be
paid by a county solely from the special tax allocation
fund established pursuant to this Act and shall be paid
from the proceeds of any obligations issued by a
county.
(11) Costs of job training, advanced vocational
education or career education programs, including but not
limited to courses in occupational, semi-technical or
technical fields leading directly to employment, incurred
by one or more taxing districts, provided that such costs
are related to the establishment and maintenance of
additional job training, advanced vocational education or
career education programs for persons employed or to be
employed by employers located in an economic development
project area, and further provided, that when such costs
are incurred by a taxing district or taxing districts other
than the county, they shall be set forth in a written
agreement by or among the county and the taxing district or
taxing districts, which agreement describes the program to
be undertaken, including, but not limited to, the number of
employees to be trained, a description of the training and
services to be provided, the number and type of positions
available or to be available, itemized costs of the program
and sources of funds to pay the same, and the term of the
agreement. Such costs include, specifically, the payment
by community college districts of costs pursuant to Section

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3-37, 3-38, 3-40 and 3-40.1 of the Public Community College
Act and by school districts of costs pursuant to Sections
10-22.20 and 10-23.3a of the School Code;
(12) Private financing costs incurred by developers or
other non-governmental persons in connection with an
economic development project, and specifically including
payments to developers or other non-governmental persons
as reimbursement for such costs incurred by such developer
or other non-governmental persons provided that:
(A) private financing costs shall be paid or
reimbursed by a county only pursuant to the prior
official action of the county evidencing an intent to
pay such private financing costs;
(B) except as provided in subparagraph (D) of this
Section, the aggregate amount of such costs paid or
reimbursed by a county in any one year shall not exceed
30% of such costs paid or incurred by such developer or
other non-governmental person in that year;
(C) private financing costs shall be paid or
reimbursed by a county solely from the special tax
allocation fund established pursuant to this Act and
shall not be paid or reimbursed from the proceeds of
any obligations issued by a county;
(D) if there are not sufficient funds available in
the special tax allocation fund in any year to make
such payment or reimbursement in full, any amount of

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such private financing costs remaining to be paid or
reimbursed by a county shall accrue and be payable when
funds are available in the special tax allocation fund
to make such payment; and
(E) in connection with its approval and
certification of an economic development project
pursuant to Section 5 of this Act, the Department shall
review any agreement authorizing the payment or
reimbursement by a county of private financing costs in
its consideration of the impact on the revenues of the
county and the affected taxing districts of the use of
property tax allocation financing.
(f) "Obligations" means any instrument evidencing the
obligation of a county to pay money, including without
limitation, bonds, notes, installment or financing contracts,
certificates, tax anticipation warrants or notes, vouchers,
and any other evidence of indebtedness.
(g) "Taxing districts" means municipalities, townships,
counties, and school, road, park, sanitary, mosquito
abatement, forest preserve, public health, fire protection,
river conservancy, tuberculosis sanitarium and any other
county corporations or districts with the power to levy taxes
on real property.
(Source: P.A. 98-109, eff. 7-25-13.)
(55 ILCS 85/7) (from Ch. 34, par. 7007)

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Sec. 7. Creation of special tax allocation fund. If a
county has adopted property tax allocation financing by
ordinance for an economic development project area, the
Department has approved and certified the economic development
project area, and the county clerk has thereafter certified the
"total initial equalized value" of the taxable real property
within such economic development project area in the manner
provided in subsection (b) of Section 6 of this Act, each year
after the date of the certification by the county clerk of the
"initial equalized assessed value" until economic development
project costs and all county obligations financing economic
development project costs have been paid, the ad valorem taxes,
if any, arising from the levies upon the taxable real property
in the economic development project area by taxing districts
and tax rates determined in the manner provided in subsection
(b) of Section 6 of this Act shall be divided as follows:
(1) That portion of the 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
existing at the time property tax allocation financing was
adopted shall be allocated and when collected shall be paid
by the county collector to the respective affected taxing
districts in the manner required by the law in the absence
of the adoption of property tax allocation financing.

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(2) That portion, if any, of those 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
are, over and above the initial equalized assessed value of
each property existing at the time property tax allocation
financing was adopted 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.
The county, by an ordinance adopting property tax
allocation financing, may pledge the funds in and to be
deposited in the special tax allocation fund for the payment of
obligations issued under this Act and for the payment of
economic development project costs. No part of the current
equalized assessed valuation of each property in the economic
development project area attributable to any increase above the
total initial equalized assessed value of such properties shall
be used in calculating the general State school aid formula,
provided for in Section 18-8 of the School Code, until such
time as all economic development projects costs have been paid
as provided for in this Section.
Whenever a county issues bonds for the purpose of financing
economic development project costs, the county may provide by

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ordinance for the appointment of a trustee, which may be any
trust company within the State, and for the establishment of
the funds or accounts to be maintained by such trustee as the
county shall deem necessary to provide for the security and
payment of the bonds. If the county provides for the
appointment of a trustee, the trustee shall be considered the
assignee of any payments assigned by the county pursuant to the
ordinance and this Section. Any amounts paid to the trustee as
assignee shall be deposited in the funds or accounts
established pursuant to the trust agreement, and shall be held
by the trustee in trust for the benefit of the holders of the
bonds, and the holders shall have a lien on and a security
interest in those bonds or accounts so long as the bonds remain
outstanding and unpaid. Upon retirement of the bonds, the
trustee shall pay over any excess amounts held to the county
for deposit in the special tax allocation fund.
When the economic development project costs, including
without limitation all county obligations financing economic
development project costs incurred under this Act, have been
paid, all surplus funds then remaining in the special tax
allocation funds shall be distributed by being paid by the
county treasurer to the county collector, who shall immediately
thereafter pay those funds to the taxing districts having
taxable property in the economic development project area in
the same manner and proportion as the most recent distribution
by the county collector to those taxing districts of real

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property taxes from real property in the economic development
project area.
Upon the payment of all economic development project costs,
retirement of obligations and the distribution of any excess
monies pursuant to this Section and not later than 23 years
from the date of adoption of the ordinance adopting property
tax allocation financing, the county shall adopt an ordinance
dissolving the special tax allocation fund for the economic
development project area and terminating the designation of the
economic development project area as an economic development
project area; however, in relation to one or more contiguous
parcels not exceeding a total area of 120 acres within which an
electric generating facility is intended to be constructed, and
with respect to which the owner of that proposed electric
generating facility has entered into a redevelopment agreement
with Grundy County on or before July 25, 2017, the ordinance of
the county required in this paragraph shall not dissolve the
special tax allocation fund for the existing economic
development project area and shall only terminate the
designation of the economic development project area as to
those portions of the economic development project area
excluding the area covered by the redevelopment agreement
between the owner of the proposed electric generating facility
and Grundy County; the county shall adopt an ordinance
dissolving the special tax allocation fund for the economic
development project area and terminating the designation of the

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economic development project area as an economic development
project area with regard to the electric generating facility
property not later than 35 years from the date of adoption of
the ordinance adopting property tax allocation financing.
Thereafter the rates of the taxing districts shall be extended
and taxes levied, collected and distributed in the manner
applicable in the absence of the adoption of property tax
allocation financing.
Nothing in this Section shall be construed as relieving
property in economic development project areas from being
assessed as provided in the Property Tax Code or as relieving
owners of that property from paying a uniform rate of taxes, as
required by Section 4 of Article IX of the Illinois
Constitution of 1970.
(Source: P.A. 98-463, eff. 8-16-13.)
(55 ILCS 85/8) (from Ch. 34, par. 7008)
Sec. 8. Issuance of obligations for economic development
project costs. Obligations secured by the special tax
allocation fund provided for in Section 7 for an economic
development project area may be issued to provide for economic
development project costs. Those obligations, when so issued,
shall be retired in the manner provided in the ordinance
authorizing the issuance of the obligations by the receipts of
taxes levied as specified in Section 6 against the taxable
property included in the economic development project area and

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by other revenues designated or pledged by the county. A county
may in the ordinance pledge all or any part of the funds in and
to be deposited in the special tax allocation fund created
pursuant to Section 7 to the payment of the economic
development project costs and obligations. Whenever a county
pledges all of the funds to the credit of a special tax
allocation fund to secure obligations issued or to be issued to
pay economic development project costs, the county may
specifically provide that funds remaining to the credit of such
special tax allocation fund after the payment of such
obligations shall be accounted for annually and shall be deemed
to be "surplus" funds, and such "surplus" funds shall be
distributed as hereinafter provided. Whenever a county pledges
less than all of the monies to the credit of a special tax
allocation fund to secure obligations issued or to be issued to
pay economic development project costs, the county shall
provide that monies to the credit of a special tax allocation
fund and not subject to such pledge or otherwise encumbered or
required for payment of contractual obligations for specified
economic development project costs shall be calculated
annually and shall be deemed to be "surplus" funds, and such
"surplus" funds shall be distributed as hereinafter provided.
All funds to the credit of a special tax allocation fund which
are deemed to be "surplus" funds shall be distributed annually
within 180 days after the close of the county's fiscal year by
being paid by the county treasurer to the county collector. The

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county collector shall thereafter make distribution to the
respective taxing districts in the same manner and proportion
as the most recent distribution by the county collector to
those taxing districts of real property taxes from real
property in the economic development project area.
Without limiting the foregoing in this Section the county
may, in addition to obligations secured by the special tax
allocation fund, pledge for a period not greater than the term
of the obligations towards payment of those obligations any
part or any combination of the following: (i) net revenues of
all or part of any economic development project; (ii) taxes
levied and collected on any or all property in the county,
including, specifically, taxes levied or imposed by the county
in a special service area pursuant to "An Act to provide the
manner of levying or imposing taxes for the provision of
special services to areas within the boundaries of home rule
units and non-home rule municipalities and counties", approved
September 21, 1973; (iii) the full faith and credit of the
county; (iv) a mortgage on part or all of the economic
development project; or (v) any other taxes or anticipated
receipts that the county may lawfully pledge.
Such obligations may be issued in one or more series
bearing interest at such rate or rates as the corporate
authorities of the county shall determine by ordinance, which
rate or rates may be variable or fixed, without regard to any
limitations contained in any law now in effect or hereafter

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adopted. Such obligations shall bear such date or dates, mature
at such time or times not exceeding 20 years from their
respective dates, but in no event exceeding 23 years from the
date of establishment of the economic development project area;
however, with respect to obligations payable from incremental
revenues generated from an area comprised of one or more
contiguous parcels not exceeding a total area of 120 acres
within which an electric generating facility is intended to be
constructed, and with respect to which the owner of such
proposed electric generating facility has entered into a
redevelopment agreement with Grundy County on or before July
25, 2017, those obligations shall bear such date or dates,
mature at such time or times not exceeding 35 years from the
date of establishment of the economic development project area,
be in such denomination, be in such form, whether coupon,
registered or book-entry, carry such registration, conversion
and exchange privileges, be executed in such manner, be payable
in such medium of payment at such place or places within or
without the State of Illinois, contain such covenants, terms
and conditions, be subject to redemption with or without
premium, be subject to defeasance upon such terms, and have
such rank or priority, as such ordinance shall provide.
Obligations issued pursuant to this Act may be sold at public
or private sale at such price as shall be determined by the
corporate authorities of the counties. Such obligations may,
but need not, be issued utilizing the provisions of any one or

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more of the omnibus bond Acts specified in Section 1.33 of "An
Act to revise the law in relation to the construction of the
statutes", approved March 5, 1874, as such term is defined in
the Statute on Statutes. No referendum approval of the electors
shall be required as a condition to the issuance of obligations
pursuant to this Act except as provided in this Section.
In the event the county (i) authorizes the issuance of
obligations pursuant to the authority of this Act and secured
by the full faith and credit of the county or (ii) pledges
taxes levied and collected on any or all property in the
county, which obligations or taxes are not obligations or taxes
authorized under home rule powers pursuant to Section 6 of
Article VII of the Illinois Constitution of 1970, or are not
obligations or taxes authorized under "An Act to provide the
manner of levying or imposing taxes for the provision of
special services to areas within the boundaries of home rule
units and non-home rule municipalities and counties", approved
September 21, 1973, the ordinance authorizing the issuance of
those obligations or pledging those taxes shall be published
within 10 days after the ordinance has been adopted, in one or
more newspapers having a general circulation within the county.
The publication of the ordinance shall be accompanied by a
notice of (1) the specific number of voters required to sign a
petition requesting the questions of the issuance of the
obligations or pledging ad valorem taxes to be submitted to the
electors; (2) the time within which the petition must be filed;

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and (3) the date of the prospective referendum. The county
clerk shall provide a petition form to any individual
requesting one.
If no petition is filed with the county clerk, as
hereinafter provided in this Section, within 21 days after the
publication of the ordinance, the ordinance shall be in effect.
However, if within that 21 day period a petition is filed with
the county clerk, signed by electors numbering not less than 5%
of the number of legal voters who voted at the last general
election in such county, asking that the question of issuing
obligations using the full faith and credit of the county as
security for the cost of paying for economic development
project costs, or of pledging ad valorem taxes for the payment
of those obligations, or both, be submitted to the electors of
the county, the county shall not be authorized to issue
obligations of the county using the full faith and credit of
the county as security or pledging ad valorem taxes for the
payment of those obligations, or both, until the proposition
has been submitted to and approved by a majority of the voters
voting on the proposition at a regularly scheduled election.
The county shall certify the proposition to the proper election
authorities for submission in accordance with the general
election law.
The ordinance authorizing the obligations may provide that
the obligations shall contain a recital that they are issued
pursuant to this Act, which recital shall be conclusive

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evidence of their validity and of the regularity of their
issuance.
In the event the county authorizes issuance of obligations
pursuant to this Act secured by the full faith and credit of
the county, the ordinance authorizing the obligations may
provide for the levy and collection of a direct annual tax upon
all taxable property within the county sufficient to pay the
principal thereof and interest thereon as it matures, which
levy may be in addition to and exclusive of the maximum of all
other taxes authorized to be levied by the county, which levy,
however, shall be abated to the extent that monies from other
sources are available for payment of the obligations and the
county certifies the amount of those monies available to the
county clerk.
A certified copy of the ordinance shall be filed with the
county clerk and shall constitute the authority for the
extension and collection of the taxes to be deposited in the
special tax allocation fund.
A county may also issue its obligations to refund, in whole
or in part, obligations theretofore issued by the county under
the authority of this Act, whether at or prior to maturity.
However, the last maturity of the refunding obligations shall
not be expressed to mature later than 23 years from the date of
the ordinance establishing the economic development project
area, however, with regard to obligations payable from
incremental revenues generated from an area comprised of one or

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more contiguous parcels not exceeding a total area of 120 acres
within which an electric generating facility is intended to be
constructed, and with respect to which the owner of that
proposed electric generating facility has entered into a
redevelopment agreement with Grundy County on or before July
25, 2017, the last maturity of the refunding obligations shall
not be expressed to mature later than 35 years from the date of
the ordinance establishing the economic development project
area.
In the event a county issues obligations under home rule
powers and other legislative authority, including
specifically, "An Act to provide the manner of levying or
imposing taxes for the provisions of special services to areas
within the boundaries of home rule units and non-home rule
municipalities and counties", approved September 21, 1973, the
proceeds of which are pledged to pay for economic development
project costs, the county may, if it has followed the
procedures in conformance with this Act, retire those
obligations from funds in the special tax allocation fund in
amount and in such manner as if those obligations had been
issued pursuant to the provisions of this Act.
No obligations issued pursuant to this Act shall be
regarded as indebtedness of the county issuing those
obligations for the purpose of any limitation imposed by law.
Obligations issued pursuant to this Act shall not be
subject to the provisions of the Bond Authorization Act.

HB0694 Engrossed - 24 - LRB099 04504 HLH 24532 b
(Source: P.A. 90-655, eff. 7-30-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.