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 Bill Status of SB2505  96th General Assembly


Short Description:  PROP TX-GREEN ENERGY SSA

Senate Sponsors
Sen. John J. Cullerton - Donne E. Trotter

House Sponsors
(Rep. Barbara Flynn Currie - William Davis - Annazette Collins)

Last Action
DateChamber Action
  1/13/2011SenatePublic Act . . . . . . . . . 96-1496

Statutes Amended In Order of Appearance
20 ILCS 3501/820-10
20 ILCS 3501/820-20
20 ILCS 3501/820-25
20 ILCS 3501/820-37 new
35 ILCS 200/27-5
35 ILCS 200/27-97 new
55 ILCS 5/5-1005from Ch. 34, par. 5-1005
65 ILCS 5/Art. 11 Div. 15.4 heading new
65 ILCS 5/11-15.4-1 new


Synopsis As Introduced
Amends the Property Tax Code. Provides that municipalities and counties may establish green energy special service areas. Provides that those green energy special service areas shall include only property for which each owner of record has executed a contract or agreement with the county or municipality consenting to the inclusion of the property within the green energy special service area. Provides that green energy special service areas are not subject to certain notice and hearing requirements set forth in the Property Tax Code. Provides that the owner of record of each parcel of property within a green energy special service area may arrange, through an agreement with the municipality or county, for specific energy efficiency improvements or renewable energy improvements and may obtain financing for such improvements through the process set forth in the ordinance establishing the special service area. Provides that counties and municipalities may levy property taxes in connection with green energy special service areas. Provides that counties and municipalities may issue bonds in connection with those special service area projects and may sell, assign, or pledge those bonds to the Illinois Finance Authority. Amends the Illinois Finance Authority Act to make conforming changes. Contains other provisions.

Senate Floor Amendment No. 1
Replaces everything after the enacting clause. Amends the Illinois Finance Authority Act. Provides that the Illinois Finance Authority has the power to purchase special service area bonds and to accept assignments or pledges, or both, of special service area bonds or agreements relating to public and private green special service area projects, which authority shall be liberally construed. Allows any unit of local government with the authority in connection with green special service area projects to provide special service area financing under specified provisions, including bonds. Specifies that bonds issued pursuant to the financing be secured by special service area agreements. Amends the Special Service Area Tax Law in the Property Tax Code. Provides that the corporate authorities of a county or a municipality may establish a green special service area and specifies the criteria for the creation of the areas, including energy efficiency improvements, renewable energy improvements, or water use improvements. Amends the Counties Code and the Municipal Code to specify that each county or municipality shall have the power and authority to engage in specified activities, including energy efficiency improvements, renewable energy improvements, and water use improvements that relate to green special service areas. Effective immediately.

Senate Floor Amendment No. 2
Makes technical corrections. Replaces the term "green energy special service area" with "green special service area".

Senate Floor Amendment No. 3
Further amends the Illinois Finance Authority Act to provide that energy conservation projects must achieve energy cost savings sufficient to cover debt service and other project costs within 20 (instead of 10) years after the date of project installation. Provides that units of local government that provides special service area financing in connection with green special service area projects are authorized to issue bonds in connection with those special service areas. Provides that the unit of local government is not required to conduct a public hearing prior to the issuance of the bonds. Provides that municipalities must have consent from the County Clerk before creating a Green Special Service Area. Makes technical corrections.

House Committee Amendment No. 1
Deletes reference to:
20 ILCS 3501/820-10
20 ILCS 3501/820-20
20 ILCS 3501/820-25
20 ILCS 3501/820-37 new
35 ILCS 200/27-5
35 ILCS 300/27-97 new
55 ILCS 5/5-1005from Ch. 34, par. 5-1005
65 ILCS 5/Art. 11 Div. 15.4 heading new
65 ILCS 5/11-15.4-1 new
Adds reference to:
35 ILCS 200/27-15

Replaces everything after the enacting clause. Makes a technical change to the Special Service Area Tax Law of the Property Tax Code.

 Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation)
 No land conveyances are included in this legislation, therefore, there are no appraisals to be filed.

 Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget)
 This legislation provides an estimated annual increase of approximately $6.8 billion in deposits to the General Revenue Funds.

 Judicial Note, House Floor Amendment No. 2 (Dept. of Transportation)
 This bill would neither increase nor decrease the number of judges needed in the State.

 Correctional Note, House Floor Amendment No. 2 (Dept of Corrections)
 This legislation has no fiscal or population impact on the Department.

 Home Rule Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 This bill does not pre-empt home rule authority.

 State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 This bill does not create a State mandate.

 State Debt Impact Note, House Floor Amendment No. 2 ()
 SB 2505 (H-AM 2) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
 To the extent that SB 2505 (H-AM 2) provides for sufficient revenue for the State to make its statutorily-mandated pension contributions pursuant to P.A. 88-593, there will be a positive long-term impact to the State-funded systems.

 Housing Affordability Impact Note, House Floor Amendment No. 2 (Housing Development Authority)
 Under existing State law, a homeowner is entitled to a tax credit equal to 5% of real property taxes paid by that taxpayer during that taxable year on the primary residence of the taxpayer. This bill ends that credit on December 31, 2010, and replaces it with a property tax rebate, which is to be made available through the State making distributions from the Property Tax Rebate Trust Fund. The bill goes on to further detail how this rebate allowance is to be incorporated into current individual tax forms. As this would not change the credit/rebate amount (5%), there is no known final impact, and insufficient information to determine it on a larger scale.

 Fiscal Note, House Floor Amendment No. 2 (Dept. of Revenue)
 SB 2505 (H-AM 2) is estimated to have the following impact: (1) IIT Estimates -. Net IIT receipts associated with increasing the rate from 3% to 5% and eliminating the Property Tax credit. FY11 = $2.63 Billion, FY12 = $ 6.56 Billion, FY13 = $6.70 Billion, FY14 = $6.92 Billion; (2) CIT Estimates - Gross CIT Receipts associated with a tax increase from 4.8% to 7%. FY11 = $180 Million, FY12 = $917 Million, FY13 = $947 Million, FY14 = $994 Million; (3) Net Operating Loss Estimates - Revenue generated as a result of suspending NOLs. FY12 = $250 Million, FY13 = $250 Million, FY14 = $250 Million; (4) Estate Tax Estimates - Estimates for Reinstating the Estate Tax. FY12 =$182 Million, FY13 = $243 Million, FY14 = $243 Million; FY15 = $243 Million.

House Floor Amendment No. 3
Deletes reference to:
35 ILCS 200/27-15
Adds reference to:
15 ILCS 305/5from Ch. 124, par. 5
30 ILCS 5/3-20 new
30 ILCS 105/5.786 new
30 ILCS 105/5.787 new
30 ILCS 105/5.788 new
30 ILCS 105/6z-85 new
30 ILCS 105/6z-86 new
30 ILCS 105/6z-87 new
30 ILCS 105/25.2 new
35 ILCS 5/201from Ch. 120, par. 2-201
35 ILCS 5/201.5 new
35 ILCS 5/202.5 new
35 ILCS 5/207from Ch. 120, par. 2-207
35 ILCS 5/208from Ch. 120, par. 2-208
35 ILCS 5/517 new
35 ILCS 5/804from Ch. 120, par. 8-804
35 ILCS 5/901from Ch. 120, par. 9-901
35 ILCS 405/2from Ch. 120, par. 405A-2

Replaces everything after the enacting clause. Amends the Illinois Income Tax Act. Increases the rate of tax for individuals, trusts, and estates to (i) 5% for taxable years beginning on or after January 1, 2011 and prior to January 1, 2015, (ii) 3.75% for taxable years beginning on or after January 1, 2015 and prior to January 1, 2025, (iii) 3.25% for taxable years beginning on or after January 1, 2025 (now, the rate is 3%). Increases the rate of tax for corporations to (i) 7% for taxable years beginning on or after January 1, 2011 and prior to January 1, 2015, (ii) 5.25% for taxable years beginning on or after January 1, 2015 and prior to January 1, 2025, (iii) 4.8% for taxable years beginning on or after January 1, 2025 (now, the rate is 4.8%). Contains provisions concerning estimated taxes. Provides for deposits from the additional income tax proceeds into certain special funds related to education and human services. Provides that, if State spending for any fiscal year beginning in fiscal year 2012 and through fiscal year 2015 exceeds certain State spending limitations, then the tax rates shall be reduced to 3% of the taxpayer's net income for individuals, trusts, and estates and to 4.8% of the taxpayer's net income for corporations. Provides that the Auditor General shall examine any Public Act making an appropriation or statutory transfer from general funds and prepare a report on whether or not the State has exceeded the State spending limitation, which shall be filed with the Secretary of State and copies shall be filed with the Governor, the State Treasurer, the State Comptroller, the Senate, and the House of Representatives. Contains provisions concerning emergency spending. Makes related changes in the Illinois State Auditing Act. Amends the Secretary of State Act to require the Secretary of State notify the Auditor General of any Public Act filed with the Office of the Secretary of State making an appropriation or transfer of funds from the State treasury. Amends the Illinois Estate and Generation-Skipping Transfer Tax Act. Provides that, for persons dying after December 31, 2010, "State tax credit" is defined as the amount calculable under the Internal Revenue Code as that credit would have been computed and allowed on December 31, 2001, with an exclusion amount of $2,000,000, and with a reduction to the adjusted taxable estate for any qualified terminable interest property election. Amends the State Finance Act to allow the Governor to reduce certain funds appropriated for statutory mandates to accommodate budgetary limitations. Effective immediately.

Actions 
DateChamber Action
  1/6/2010SenateFiled with Secretary by Sen. Michael W. Frerichs
  1/6/2010SenateFirst Reading
  1/6/2010SenateReferred to Assignments
  2/10/2010SenateAssigned to Revenue
  2/10/2010SenateAdded as Co-Sponsor Sen. Michael Noland
  2/10/2010SenateAdded as Chief Co-Sponsor Sen. Linda Holmes
  2/17/2010SenateAdded as Chief Co-Sponsor Sen. David Koehler
  2/17/2010SenateAdded as Co-Sponsor Sen. Terry Link
  2/17/2010SenateAdded as Chief Co-Sponsor Sen. Jeffrey M. Schoenberg
  2/17/2010SenateDo Pass Revenue; 007-003-000
  2/17/2010SenatePlaced on Calendar Order of 2nd Reading February 18, 2010
  2/18/2010SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Michael W. Frerichs
  2/18/2010SenateSenate Floor Amendment No. 1 Referred to Assignments
  2/18/2010SenateAdded as Co-Sponsor Sen. Emil Jones, III
  2/23/2010SenateSenate Floor Amendment No. 1 Assignments Refers to Revenue
  2/24/2010SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Michael W. Frerichs
  2/24/2010SenateSenate Floor Amendment No. 2 Referred to Assignments
  2/24/2010SenateSenate Floor Amendment No. 2 Assignments Refers to Revenue
  2/24/2010SenateAdded as Co-Sponsor Sen. Heather Steans
  2/24/2010SenateSenate Floor Amendment No. 1 Postponed - Revenue
  2/24/2010SenateSenate Floor Amendment No. 2 Postponed - Revenue
  3/4/2010SenateSecond Reading
  3/4/2010SenatePlaced on Calendar Order of 3rd Reading March 9, 2010
  3/8/2010SenateSenate Floor Amendment No. 1 Postponed - Revenue
  3/8/2010SenateSenate Floor Amendment No. 2 Postponed - Revenue
  3/9/2010SenateAdded as Chief Co-Sponsor Sen. Susan Garrett
  3/10/2010SenateAdded as Co-Sponsor Sen. Mattie Hunter
  3/10/2010SenateAdded as Co-Sponsor Sen. Michael Bond
  3/12/2010SenateAdded as Co-Sponsor Sen. Ira I. Silverstein
  3/16/2010SenateAdded as Co-Sponsor Sen. A. J. Wilhelmi
  3/16/2010SenateSenate Floor Amendment No. 1 Postponed - Revenue
  3/16/2010SenateSenate Floor Amendment No. 2 Postponed - Revenue
  3/17/2010SenateAdded as Co-Sponsor Sen. William Delgado
  3/18/2010SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Michael W. Frerichs
  3/18/2010SenateSenate Floor Amendment No. 3 Referred to Assignments
  3/19/2010SenateRule 2-10 Third Reading Deadline Established As March 26, 2010
  3/24/2010SenateSenate Floor Amendment No. 3 Assignments Refers to Revenue
  3/24/2010SenateSenate Floor Amendment No. 1 Held in Revenue
  3/24/2010SenateSenate Floor Amendment No. 2 Held in Revenue
  3/24/2010SenateSenate Floor Amendment No. 3 Held in Revenue
  3/25/2010SenateSenate Floor Amendment No. 1 Recommend Do Adopt Revenue; 006-000-000
  3/25/2010SenateSenate Floor Amendment No. 2 Recommend Do Adopt Revenue; 006-000-000
  3/25/2010SenateSenate Floor Amendment No. 3 Recommend Do Adopt Revenue; 006-000-000
  3/26/2010SenateRule 2-10 Third Reading Deadline Established As April 15, 2010
  4/15/2010SenateRecalled to Second Reading
  4/15/2010SenateSenate Floor Amendment No. 1 Adopted; Frerichs
  4/15/2010SenateSenate Floor Amendment No. 2 Adopted; Frerichs
  4/15/2010SenateSenate Floor Amendment No. 3 Adopted; Frerichs
  4/15/2010SenatePlaced on Calendar Order of 3rd Reading
  4/15/2010SenateThird Reading - Passed; 037-011-001
  4/16/2010HouseArrived in House
  4/16/2010HouseChief House Sponsor Rep. Lou Lang
  4/16/2010HousePlaced on Calendar Order of First Reading
  4/19/2010HouseAdded Alternate Co-Sponsor Rep. Jay C. Hoffman
  4/19/2010HouseAdded Alternate Chief Co-Sponsor Rep. Patrick J. Verschoore
  4/19/2010HouseAdded Alternate Chief Co-Sponsor Rep. Annazette Collins
  4/19/2010HouseFirst Reading
  4/19/2010HouseReferred to Rules Committee
  4/19/2010HouseAssigned to Revenue & Finance Committee
  4/23/2010HouseCommittee Deadline Extended-Rule 9(b) April 30, 2010
  4/30/2010HouseCommittee/Final Action Deadline Extended-9(b) May 8, 2010
  5/7/2010HouseFinal Action Deadline Extended-9(b) May 28, 2010
  5/28/2010HouseRule 19(a) / Re-referred to Rules Committee
  10/4/2010HouseAdded Alternate Co-Sponsor Rep. Harry Osterman
  11/10/2010HouseFinal Action Deadline Extended-9(b) January 11, 2011
  11/10/2010HouseAssigned to Revenue & Finance Committee
  11/16/2010HouseHouse Committee Amendment No. 1 Filed with Clerk by Revenue & Finance Committee
  11/16/2010HouseHouse Committee Amendment No. 1 Adopted in Revenue & Finance Committee; by Voice Vote
  11/16/2010HouseDo Pass as Amended / Short Debate Revenue & Finance Committee; 007-000-000
  11/16/2010HousePlaced on Calendar 2nd Reading - Short Debate
  11/17/2010HouseSecond Reading - Short Debate
  11/17/2010HouseHeld on Calendar Order of Second Reading - Short Debate
  11/17/2010HouseAdded Alternate Chief Co-Sponsor Rep. Harry Osterman
  11/17/2010HouseAlternate Co-Sponsor Removed Rep. Harry Osterman
  11/17/2010HouseAdded Alternate Chief Co-Sponsor Rep. Karen May
  11/23/2010HouseAdded Alternate Co-Sponsor Rep. Dave Winters
  1/6/2011HouseAdded Alternate Co-Sponsor Rep. Michael W. Tryon
  1/10/2011HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Barbara Flynn Currie
  1/10/2011HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  1/11/2011HouseAlternate Co-Sponsor Removed Rep. Dave Winters
  1/11/2011HouseAlternate Co-Sponsor Removed Rep. Michael W. Tryon
  1/11/2011HouseHouse Floor Amendment No. 2 Rules Refers to Revenue & Finance Committee
  1/11/2011HouseAlternate Chief Co-Sponsor Removed Rep. Patrick J. Verschoore
  1/11/2011HouseAlternate Chief Co-Sponsor Removed Rep. Harry Osterman
  1/11/2011HouseAlternate Chief Co-Sponsor Removed Rep. Karen May
  1/11/2011HouseAlternate Co-Sponsor Removed Rep. Jay C. Hoffman
  1/11/2011HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie
  1/11/2011HouseAdded Alternate Chief Co-Sponsor Rep. William Davis
  1/11/2011HouseAlternate Chief Co-Sponsor Changed to Rep. Barbara Flynn Currie
  1/11/2011HouseAlternate Chief Co-Sponsor Changed to Rep. William Davis
  1/11/2011HouseHouse Floor Amendment No. 2 Land Conveyance Appraisal Note Filed as Amended
  1/11/2011HouseHouse Floor Amendment No. 2 Balanced Budget Note Filed as Amended
  1/11/2011SenateChief Sponsor Changed to Sen. John J. Cullerton
  1/11/2011SenateSponsor Removed Sen. Michael Noland
  1/11/2011SenateSponsor Removed Sen. Linda Holmes
  1/11/2011SenateSponsor Removed Sen. David Koehler
  1/11/2011SenateSponsor Removed Sen. Terry Link
  1/11/2011SenateSponsor Removed Sen. Jeffrey M. Schoenberg
  1/11/2011SenateSponsor Removed Sen. Emil Jones, III
  1/11/2011SenateSponsor Removed Sen. Heather Steans
  1/11/2011SenateSponsor Removed Sen. Susan Garrett
  1/11/2011SenateSponsor Removed Sen. Mattie Hunter
  1/11/2011SenateSponsor Removed Sen. Michael Bond
  1/11/2011SenateSponsor Removed Sen. Ira I. Silverstein
  1/11/2011SenateSponsor Removed Sen. A. J. Wilhelmi
  1/11/2011SenateSponsor Removed Sen. William Delgado
  1/11/2011HouseHouse Floor Amendment No. 2 Judicial Note Filed as Amended
  1/11/2011HouseHouse Floor Amendment No. 2 Correctional Note Filed as Amended
  1/11/2011HouseHouse Floor Amendment No. 2 Recommends Be Adopted Revenue & Finance Committee; 007-005-000
  1/11/2011HouseHouse Floor Amendment No. 2 Home Rule Note Filed as Amended
  1/11/2011HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Filed as Amended
  1/11/2011HouseHouse Floor Amendment No. 2 State Debt Impact Note Filed as Amended
  1/11/2011HouseHouse Floor Amendment No. 2 Pension Note Filed as Amended
  1/11/2011HouseHouse Floor Amendment No. 2 Housing Affordability Impact Note Filed as Amended
  1/11/2011HouseAlternate Chief Sponsor Changed to Rep. Barbara Flynn Currie
  1/11/2011HouseAlternate Chief Co-Sponsor Removed Rep. Barbara Flynn Currie
  1/11/2011HouseHouse Floor Amendment No. 2 Fiscal Note Filed as Amended
  1/11/2011HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Barbara Flynn Currie
  1/11/2011HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  1/11/2011HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-002-000
  1/11/2011HouseHouse Floor Amendment No. 2 Withdrawn by Rep. Barbara Flynn Currie
  1/11/2011HouseHouse Floor Amendment No. 3 Adopted
  1/11/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  1/11/2011HouseThird Reading - Short Debate - Passed 060-057-000
  1/11/2011HouseMotion Filed to Reconsider Vote Rep. Lou Lang
  1/11/2011HouseMotion Filed to Table the Motion to Reconsider the Vote Rep. Barbara Flynn Currie
  1/11/2011HouseMotion to Reconsider Vote - Tabled by Voice Vote
  1/11/2011SenateSecretary's Desk - Concurrence House Amendment(s) 1, 3
  1/11/2011SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 3 - January 11, 2011
  1/11/2011SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. John J. Cullerton
  1/11/2011SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  1/11/2011SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. John J. Cullerton
  1/11/2011SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments
  1/11/2011SenateHouse Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Assignments
  1/11/2011SenateHouse Floor Amendment No. 3 Motion to Concur Be Approved for Consideration Assignments
  1/12/2011SenateHouse Committee Amendment No. 1 Senate Concurs 030-029-000
  1/12/2011SenateHouse Floor Amendment No. 3 Senate Concurs 030-029-000
  1/12/2011SenateMotion Filed to Reconsider Vote Sen. Don Harmon
  1/12/2011SenateMotion to Reconsider Vote - Tabled
  1/12/2011SenateAdded as Chief Co-Sponsor Sen. Donne E. Trotter
  1/12/2011SenateVote Locked In
  1/12/2011SenatePassed Both Houses
  1/13/2011SenateSent to the Governor
  1/13/2011SenateGovernor Approved
  1/13/2011SenateEffective Date January 13, 2011
  1/13/2011SenatePublic Act . . . . . . . . . 96-1496

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