Full Text of SB3619 97th General Assembly
SB3619ham002 97TH GENERAL ASSEMBLY | Rep. Daniel Biss Filed: 5/24/2012
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| 1 | | AMENDMENT TO SENATE BILL 3619
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3619, AS AMENDED, | 3 | | on page 9, immediately below line 8, by inserting the | 4 | | following:
| 5 | | "Section 10. The Business Location Efficiency Incentive | 6 | | Act is amended by adding Section 21 as follows: | 7 | | (35 ILCS 11/21 new) | 8 | | Sec. 21. Continuation of Act; validation. | 9 | | (a) The General Assembly finds and declares that: | 10 | | (1) Public Act 97-636, which takes effect on June 1, | 11 | | 2012, changed the repeal date set for the Business Location | 12 | | Efficiency Incentive Act from December 31, 2011 to December | 13 | | 31, 2016. | 14 | | (2) The Statute on Statutes sets forth general
rules on | 15 | | the repeal of statutes and the construction of
multiple | 16 | | amendments, but Section 1 of that Act also
states that |
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| 1 | | these rules will not be observed when the
result would be | 2 | | "inconsistent with the manifest intent of
the General | 3 | | Assembly or repugnant to the context of the
statute". | 4 | | (3) This amendatory Act of the 97th General Assembly | 5 | | manifests
the intention of the General Assembly to extend | 6 | | the repeal of the Business Location Efficiency Incentive | 7 | | Act and have the Business Location Efficiency Incentive Act | 8 | | continue in effect
until December 31, 2016. | 9 | | (4) The Business Location Efficiency Incentive Act was | 10 | | originally enacted to protect, promote, and preserve the | 11 | | general welfare. Any construction of this Act that results | 12 | | in
the repeal of this Act on December 31, 2011 would be
| 13 | | inconsistent with the manifest intent of the General
| 14 | | Assembly and repugnant to the context of the Business | 15 | | Location Efficiency Incentive Act. | 16 | | (b) It is hereby declared to have been the intent of the
| 17 | | General Assembly that the Business Location Efficiency | 18 | | Incentive Act not be subject to repeal on December 31, 2011. | 19 | | (c) The Business Location Efficiency Incentive Act
shall be | 20 | | deemed to have been in continuous effect since January 1, 2007 | 21 | | (the effective date of Public Act 94-966), and it shall | 22 | | continue to be in effect henceforward
until it is otherwise | 23 | | lawfully repealed. All previously
enacted amendments to the Act | 24 | | taking effect on or after
December 31, 2011, are hereby | 25 | | validated. | 26 | | (d) All actions taken in reliance on or pursuant to the
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| 1 | | Business Location Efficiency Incentive Act by the Department of | 2 | | Revenue, the Department of Commerce and Economic Opportunity, | 3 | | or any other person or entity are
hereby validated. | 4 | | (e) In order to ensure the continuing effectiveness of
the | 5 | | Business Location Efficiency Incentive Act, it is set forth in | 6 | | full and re-enacted by this
amendatory Act of the 97th General | 7 | | Assembly. This re-enactment is intended as a
continuation of | 8 | | the Act. It is not intended to supersede any
amendment to the | 9 | | Act that is enacted by the 97th General
Assembly. | 10 | | (f) The Business Location Efficiency Incentive Act applies | 11 | | to all claims, civil actions, and
proceedings pending on or | 12 | | filed on or before the effective
date of this Act. | 13 | | Section 15. The Business Location Efficiency Incentive Act | 14 | | is re-enacted as follows: | 15 | | (35 ILCS 11/Act title) | 16 | | An Act concerning business incentives. | 17 | | (35 ILCS 11/1) | 18 | | (Section scheduled to be repealed on December 31, 2011)
| 19 | | Sec. 1. Short title. This Act may be cited as the Business | 20 | | Location Efficiency Incentive Act.
| 21 | | (Source: P.A. 94-966, eff. 1-1-07.) | 22 | | (35 ILCS 11/5) |
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| 1 | | (Section scheduled to be repealed on December 31, 2011)
| 2 | | Sec. 5. Definitions. In this Act: | 3 | | "Location efficient" means a project that maximizes the use | 4 | | of existing investments in infrastructure, avoids or minimizes | 5 | | additional government expenditures for new infrastructure, and | 6 | | has nearby housing affordable to the permanent workforce of the | 7 | | project or has accessible and affordable mass transit or its | 8 | | equivalent or some combination of both. | 9 | | "Location efficiency report" means a report that is | 10 | | prepared by an applicant for increased State economic | 11 | | development assistance under Section 10 and follows this Act | 12 | | and any related Department guidelines, and that describes the | 13 | | existence of (i) affordable workforce housing or (ii) | 14 | | accessible and affordable mass transit or its equivalent. | 15 | | "Employee housing or transportation remediation plan" | 16 | | means a plan to increase affordable housing or transportation | 17 | | options, or both, for employees earning up to the median annual | 18 | | salary of the workforce at the project. The plan may include, | 19 | | but is not limited to, an employer-financed or assisted housing | 20 | | program that can be supplemented by State or federal grants, | 21 | | shuttle services between the place of employment and existing | 22 | | transit stops or other reasonably accessible places, | 23 | | facilitation of employee carpooling, or similar services. | 24 | | "Accessible and affordable mass transit" means access to | 25 | | transit stops with regular and frequent service within one mile | 26 | | from the project site and pedestrian access to transit stops. |
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| 1 | | "Affordable workforce housing" means owner-occupied or | 2 | | rental housing that costs, based on current census data for the | 3 | | municipality where the project is located or any municipality | 4 | | within 3 miles of the municipality where the project is | 5 | | located, no more than 35% of the median salary at the project | 6 | | site, exclusive of the highest 10% of the site's salaries. If | 7 | | the project is located in an unincorporated area, "affordable | 8 | | workforce housing" means no more than 35% of the median salary | 9 | | at the project site, excluding the highest 10% of the site's | 10 | | salaries, based on the median cost of rental or of | 11 | | owner-occupied housing in the county where the unincorporated | 12 | | area is located. | 13 | | "Department" means the Department of Commerce and Economic | 14 | | Opportunity (DCEO) or its successor agency. | 15 | | "Applicant" means a company or its representative that | 16 | | negotiates or applies for economic development assistance from | 17 | | DCEO. | 18 | | "Economic development assistance" means State tax credits | 19 | | and tax exemptions given as an incentive to an eligible company | 20 | | after certification by DCEO under the Economic Development for | 21 | | a Growing Economy Tax Credit Act (EDGE). | 22 | | "Existence of infrastructure" means the existence within | 23 | | 1,500 feet of the proposed site of roads, sewers, sidewalks, | 24 | | and other utilities and a description of the investments or | 25 | | improvements, if any, that an applicant expects State or local | 26 | | government to make to that infrastructure.
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| 1 | | (Source: P.A. 94-966, eff. 1-1-07.) | 2 | | (35 ILCS 11/10) | 3 | | (Section scheduled to be repealed on December 31, 2011)
| 4 | | Sec. 10. Economic development assistance awards. | 5 | | (a) An applicant that also wants to be considered for | 6 | | increased economic development assistance under this Act shall | 7 | | submit a location efficiency report. | 8 | | (b) DCEO may give an applicant an increased tax credit or | 9 | | extension if the applicant's location efficiency report | 10 | | demonstrates that the applicant is seeking assistance for a | 11 | | project to be located in an area that satisfies this Act's | 12 | | standards for affordable workforce housing or affordable and | 13 | | accessible mass transit. If the Department determines from the | 14 | | location efficiency report that the applicant is seeking | 15 | | assistance in an area that is not location efficient, the | 16 | | Department may award an increase in State economic development | 17 | | assistance if an applicant (i) submits, and the Department | 18 | | accepts, an applicant's employee housing and transportation | 19 | | remediation plan or (ii) creates jobs in a labor surplus area | 20 | | as defined by the Department of Employment Security at the end | 21 | | of each calendar year. | 22 | | (c) Applicants locating or expanding at location-efficient | 23 | | sites, with approved location efficiency plans, or creating | 24 | | jobs in labor surplus areas may receive (i) up to 10% more than | 25 | | the maximum allowable tax credits for which they are eligible |
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| 1 | | under the Economic Development for a Growing Economy Tax Credit | 2 | | Act (EDGE), but not to equal or exceed 100% of the applicant's | 3 | | tax liability, or (ii) such other adjustment of those tax | 4 | | credits, including but not limited to extensions, as the | 5 | | Department deems appropriate. | 6 | | (d) The Department may provide technical assistance to | 7 | | employers requesting assistance in developing an appropriate | 8 | | employee housing or transportation plan.
| 9 | | (Source: P.A. 94-966, eff. 1-1-07.) | 10 | | (35 ILCS 11/15) | 11 | | (Section scheduled to be repealed on December 31, 2011)
| 12 | | Sec. 15. Summaries; progress reports. | 13 | | (a) DCEO shall include summaries of the initial employee | 14 | | housing or transportation plans for each assisted project in | 15 | | the annual compilation and publication of project progress | 16 | | reports required under subsection (d) of Section 20 of the | 17 | | Corporate Accountability for Tax Expenditures Act. Companies | 18 | | that fail to do so or that make inadequate progress shall have | 19 | | their increased tax credit or extension eliminated. Applicants | 20 | | and submitted data are subject to all disclosure, reporting, | 21 | | and recapture provisions set forth in Public Act 93-552. | 22 | | (b) By June 1, 2008 and by June 1 of each year thereafter | 23 | | through 2011, the Department shall include, when appropriate, | 24 | | data on the outcomes or status of approved employee housing or | 25 | | transportation plans in the project progress reports required |
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| 1 | | under the Corporate Accountability for Tax Expenditure Act.
| 2 | | (Source: P.A. 94-966, eff. 1-1-07.) | 3 | | (35 ILCS 11/20) | 4 | | (Section scheduled to be repealed on December 31, 2011)
| 5 | | Sec. 20. Duration of incentives; report to General | 6 | | Assembly. | 7 | | (a) Any multi-year incentive awarded under this Act shall | 8 | | continue for the time period called for in the agreement with | 9 | | the Department and shall not be altered by the repeal of this | 10 | | Act. | 11 | | (b) By January 1, 2011, the Department shall submit to the | 12 | | Speaker of the House of Representatives and the President of | 13 | | the Senate, for assignment to the appropriate committees, a | 14 | | report on the incentives awarded under this Act and the | 15 | | Department's activities, findings, and recommendations with | 16 | | respect to this Act and its extension, amendment, or repeal. | 17 | | The report, when acted upon by those committees, shall be | 18 | | distributed to each member of the General Assembly.
| 19 | | (Source: P.A. 94-966, eff. 1-1-07.) | 20 | | (35 ILCS 11/25) | 21 | | (Section scheduled to be repealed on December 31, 2011)
| 22 | | Sec. 25. Repeal. This Act is repealed on December 31, 2016.
| 23 | | (Source: P.A. 97-636, eff. 6-1-12.) |
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| 1 | | (35 ILCS 11/99) | 2 | | (Section scheduled to be repealed on December 31, 2011)
| 3 | | Sec. 99. Effective date. This Act takes effect January 1, | 4 | | 2007.
| 5 | | (Source: P.A. 94-966, eff. 1-1-07.)".
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