Bill Text: IL HB5440 | 2011-2012 | 97th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Business Location Efficiency Incentive Act. Provides for the continuation, validation, and re-enactment of the Act, which was inadvertently repealed on December 31, 2011. Effective immediately.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB5440 Detail]
Download: Illinois-2011-HB5440-Engrossed.html
Bill Title: Amends the Business Location Efficiency Incentive Act. Provides for the continuation, validation, and re-enactment of the Act, which was inadvertently repealed on December 31, 2011. Effective immediately.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB5440 Detail]
Download: Illinois-2011-HB5440-Engrossed.html
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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Business Location Efficiency Incentive Act | ||||||
5 | is amended by adding Section 21 as follows:
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6 | (35 ILCS 11/21 new) | ||||||
7 | Sec. 21. Continuation of Act; validation. | ||||||
8 | (a) The General Assembly finds and declares that: | ||||||
9 | (1) Public Act 97-636, which takes effect on June 1, | ||||||
10 | 2012, changed the repeal date set for the Business Location | ||||||
11 | Efficiency Incentive Act from December 31, 2011 to December | ||||||
12 | 31, 2016. | ||||||
13 | (2) The Statute on Statutes sets forth general
rules on | ||||||
14 | the repeal of statutes and the construction of
multiple | ||||||
15 | amendments, but Section 1 of that Act also
states that | ||||||
16 | these rules will not be observed when the
result would be | ||||||
17 | "inconsistent with the manifest intent of
the General | ||||||
18 | Assembly or repugnant to the context of the
statute". | ||||||
19 | (3) This amendatory Act of the 97th General Assembly | ||||||
20 | manifests
the intention of the General Assembly to extend | ||||||
21 | the repeal of the Business Location Efficiency Incentive | ||||||
22 | Act and have the Business Location Efficiency Incentive Act | ||||||
23 | continue in effect
until December 31, 2016. |
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1 | (4) The Business Location Efficiency Incentive Act was | ||||||
2 | originally enacted to protect, promote, and preserve the | ||||||
3 | general welfare. Any construction of this Act that results | ||||||
4 | in
the repeal of this Act on December 31, 2011 would be
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5 | inconsistent with the manifest intent of the General
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6 | Assembly and repugnant to the context of the Business | ||||||
7 | Location Efficiency Incentive Act. | ||||||
8 | (b) It is hereby declared to have been the intent of the
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9 | General Assembly that the Business Location Efficiency | ||||||
10 | Incentive Act not be subject to repeal on December 31, 2011. | ||||||
11 | (c) The Business Location Efficiency Incentive Act
shall be | ||||||
12 | deemed to have been in continuous effect since January 1, 2007 | ||||||
13 | (the effective date of Public Act 94-966), and it shall | ||||||
14 | continue to be in effect henceforward
until it is otherwise | ||||||
15 | lawfully repealed. All previously
enacted amendments to the Act | ||||||
16 | taking effect on or after
December 31, 2011, are hereby | ||||||
17 | validated. | ||||||
18 | (d) All actions taken in reliance on or pursuant to the
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19 | Business Location Efficiency Incentive Act by the Department of | ||||||
20 | Revenue, the Department of Commerce and Economic Opportunity, | ||||||
21 | or any other person or entity are
hereby validated. | ||||||
22 | (e) In order to ensure the continuing effectiveness of
the | ||||||
23 | Business Location Efficiency Incentive Act, it is set forth in | ||||||
24 | full and re-enacted by this
amendatory Act of the 97th General | ||||||
25 | Assembly. This re-enactment is intended as a
continuation of | ||||||
26 | the Act. It is not intended to supersede any
amendment to the |
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1 | Act that is enacted by the 97th General
Assembly. | ||||||
2 | (f) The Business Location Efficiency Incentive Act applies | ||||||
3 | to all claims, civil actions, and
proceedings pending on or | ||||||
4 | filed on or before the effective
date of this Act.
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5 | Section 10. The Business Location Efficiency Incentive Act | ||||||
6 | is re-enacted as follows:
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7 | (35 ILCS 11/Act title) | ||||||
8 | An Act concerning business incentives.
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9 | (35 ILCS 11/1) | ||||||
10 | (Section scheduled to be repealed on December 31, 2011)
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11 | Sec. 1. Short title. This Act may be cited as the Business | ||||||
12 | Location Efficiency Incentive Act.
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13 | (Source: P.A. 94-966, eff. 1-1-07.)
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14 | (35 ILCS 11/5) | ||||||
15 | (Section scheduled to be repealed on December 31, 2011)
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16 | Sec. 5. Definitions. In this Act: | ||||||
17 | "Location efficient" means a project that maximizes the use | ||||||
18 | of existing investments in infrastructure, avoids or minimizes | ||||||
19 | additional government expenditures for new infrastructure, and | ||||||
20 | has nearby housing affordable to the permanent workforce of the | ||||||
21 | project or has accessible and affordable mass transit or its | ||||||
22 | equivalent or some combination of both. |
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1 | "Location efficiency report" means a report that is | ||||||
2 | prepared by an applicant for increased State economic | ||||||
3 | development assistance under Section 10 and follows this Act | ||||||
4 | and any related Department guidelines, and that describes the | ||||||
5 | existence of (i) affordable workforce housing or (ii) | ||||||
6 | accessible and affordable mass transit or its equivalent. | ||||||
7 | "Employee housing or transportation remediation plan" | ||||||
8 | means a plan to increase affordable housing or transportation | ||||||
9 | options, or both, for employees earning up to the median annual | ||||||
10 | salary of the workforce at the project. The plan may include, | ||||||
11 | but is not limited to, an employer-financed or assisted housing | ||||||
12 | program that can be supplemented by State or federal grants, | ||||||
13 | shuttle services between the place of employment and existing | ||||||
14 | transit stops or other reasonably accessible places, | ||||||
15 | facilitation of employee carpooling, or similar services. | ||||||
16 | "Accessible and affordable mass transit" means access to | ||||||
17 | transit stops with regular and frequent service within one mile | ||||||
18 | from the project site and pedestrian access to transit stops. | ||||||
19 | "Affordable workforce housing" means owner-occupied or | ||||||
20 | rental housing that costs, based on current census data for the | ||||||
21 | municipality where the project is located or any municipality | ||||||
22 | within 3 miles of the municipality where the project is | ||||||
23 | located, no more than 35% of the median salary at the project | ||||||
24 | site, exclusive of the highest 10% of the site's salaries. If | ||||||
25 | the project is located in an unincorporated area, "affordable | ||||||
26 | workforce housing" means no more than 35% of the median salary |
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1 | at the project site, excluding the highest 10% of the site's | ||||||
2 | salaries, based on the median cost of rental or of | ||||||
3 | owner-occupied housing in the county where the unincorporated | ||||||
4 | area is located. | ||||||
5 | "Department" means the Department of Commerce and Economic | ||||||
6 | Opportunity (DCEO) or its successor agency. | ||||||
7 | "Applicant" means a company or its representative that | ||||||
8 | negotiates or applies for economic development assistance from | ||||||
9 | DCEO. | ||||||
10 | "Economic development assistance" means State tax credits | ||||||
11 | and tax exemptions given as an incentive to an eligible company | ||||||
12 | after certification by DCEO under the Economic Development for | ||||||
13 | a Growing Economy Tax Credit Act (EDGE). | ||||||
14 | "Existence of infrastructure" means the existence within | ||||||
15 | 1,500 feet of the proposed site of roads, sewers, sidewalks, | ||||||
16 | and other utilities and a description of the investments or | ||||||
17 | improvements, if any, that an applicant expects State or local | ||||||
18 | government to make to that infrastructure.
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19 | (Source: P.A. 94-966, eff. 1-1-07.)
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20 | (35 ILCS 11/10) | ||||||
21 | (Section scheduled to be repealed on December 31, 2011)
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22 | Sec. 10. Economic development assistance awards. | ||||||
23 | (a) An applicant that also wants to be considered for | ||||||
24 | increased economic development assistance under this Act shall | ||||||
25 | submit a location efficiency report. |
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1 | (b) DCEO may give an applicant an increased tax credit or | ||||||
2 | extension if the applicant's location efficiency report | ||||||
3 | demonstrates that the applicant is seeking assistance for a | ||||||
4 | project to be located in an area that satisfies this Act's | ||||||
5 | standards for affordable workforce housing or affordable and | ||||||
6 | accessible mass transit. If the Department determines from the | ||||||
7 | location efficiency report that the applicant is seeking | ||||||
8 | assistance in an area that is not location efficient, the | ||||||
9 | Department may award an increase in State economic development | ||||||
10 | assistance if an applicant (i) submits, and the Department | ||||||
11 | accepts, an applicant's employee housing and transportation | ||||||
12 | remediation plan or (ii) creates jobs in a labor surplus area | ||||||
13 | as defined by the Department of Employment Security at the end | ||||||
14 | of each calendar year. | ||||||
15 | (c) Applicants locating or expanding at location-efficient | ||||||
16 | sites, with approved location efficiency plans, or creating | ||||||
17 | jobs in labor surplus areas may receive (i) up to 10% more than | ||||||
18 | the maximum allowable tax credits for which they are eligible | ||||||
19 | under the Economic Development for a Growing Economy Tax Credit | ||||||
20 | Act (EDGE), but not to equal or exceed 100% of the applicant's | ||||||
21 | tax liability, or (ii) such other adjustment of those tax | ||||||
22 | credits, including but not limited to extensions, as the | ||||||
23 | Department deems appropriate. | ||||||
24 | (d) The Department may provide technical assistance to | ||||||
25 | employers requesting assistance in developing an appropriate | ||||||
26 | employee housing or transportation plan.
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1 | (Source: P.A. 94-966, eff. 1-1-07.)
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2 | (35 ILCS 11/15) | ||||||
3 | (Section scheduled to be repealed on December 31, 2011)
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4 | Sec. 15. Summaries; progress reports. | ||||||
5 | (a) DCEO shall include summaries of the initial employee | ||||||
6 | housing or transportation plans for each assisted project in | ||||||
7 | the annual compilation and publication of project progress | ||||||
8 | reports required under subsection (d) of Section 20 of the | ||||||
9 | Corporate Accountability for Tax Expenditures Act. Companies | ||||||
10 | that fail to do so or that make inadequate progress shall have | ||||||
11 | their increased tax credit or extension eliminated. Applicants | ||||||
12 | and submitted data are subject to all disclosure, reporting, | ||||||
13 | and recapture provisions set forth in Public Act 93-552. | ||||||
14 | (b) By June 1, 2008 and by June 1 of each year thereafter | ||||||
15 | through 2011, the Department shall include, when appropriate, | ||||||
16 | data on the outcomes or status of approved employee housing or | ||||||
17 | transportation plans in the project progress reports required | ||||||
18 | under the Corporate Accountability for Tax Expenditure Act.
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19 | (Source: P.A. 94-966, eff. 1-1-07.)
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20 | (35 ILCS 11/20) | ||||||
21 | (Section scheduled to be repealed on December 31, 2011)
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22 | Sec. 20. Duration of incentives; report to General | ||||||
23 | Assembly. | ||||||
24 | (a) Any multi-year incentive awarded under this Act shall |
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1 | continue for the time period called for in the agreement with | ||||||
2 | the Department and shall not be altered by the repeal of this | ||||||
3 | Act. | ||||||
4 | (b) By January 1, 2011, the Department shall submit to the | ||||||
5 | Speaker of the House of Representatives and the President of | ||||||
6 | the Senate, for assignment to the appropriate committees, a | ||||||
7 | report on the incentives awarded under this Act and the | ||||||
8 | Department's activities, findings, and recommendations with | ||||||
9 | respect to this Act and its extension, amendment, or repeal. | ||||||
10 | The report, when acted upon by those committees, shall be | ||||||
11 | distributed to each member of the General Assembly.
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12 | (Source: P.A. 94-966, eff. 1-1-07.)
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13 | (35 ILCS 11/25) | ||||||
14 | (Section scheduled to be repealed on December 31, 2011)
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15 | Sec. 25. Repeal. This Act is repealed on December 31, 2016.
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16 | (Source: P.A. 97-636, eff. 6-1-12.)
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17 | (35 ILCS 11/99) | ||||||
18 | (Section scheduled to be repealed on December 31, 2011)
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19 | Sec. 99. Effective date. This Act takes effect January 1, | ||||||
20 | 2007.
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21 | (Source: P.A. 94-966, eff. 1-1-07.)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
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