Rep. Daniel Biss

Filed: 5/24/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 3619, AS AMENDED,
3on page 9, immediately below line 8, by inserting the
5    "Section 10. The Business Location Efficiency Incentive
6Act 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10    originally enacted to protect, promote, and preserve the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
17General Assembly that the Business Location Efficiency
18Incentive Act not be subject to repeal on December 31, 2011.
19    (c) The Business Location Efficiency Incentive Act shall be
20deemed to have been in continuous effect since January 1, 2007
21(the effective date of Public Act 94-966), and it shall
22continue to be in effect henceforward until it is otherwise
23lawfully repealed. All previously enacted amendments to the Act
24taking effect on or after December 31, 2011, are hereby
26    (d) All actions taken in reliance on or pursuant to the



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1Business Location Efficiency Incentive Act by the Department of
2Revenue, the Department of Commerce and Economic Opportunity,
3or any other person or entity are hereby validated.
4    (e) In order to ensure the continuing effectiveness of the
5Business Location Efficiency Incentive Act, it is set forth in
6full and re-enacted by this amendatory Act of the 97th General
7Assembly. This re-enactment is intended as a continuation of
8the Act. It is not intended to supersede any amendment to the
9Act that is enacted by the 97th General Assembly.
10    (f) The Business Location Efficiency Incentive Act applies
11to all claims, civil actions, and proceedings pending on or
12filed on or before the effective date of this Act.
13    Section 15. The Business Location Efficiency Incentive Act
14is re-enacted as follows:
15    (35 ILCS 11/Act title)
16An 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
20Location 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
4of existing investments in infrastructure, avoids or minimizes
5additional government expenditures for new infrastructure, and
6has nearby housing affordable to the permanent workforce of the
7project or has accessible and affordable mass transit or its
8equivalent or some combination of both.
9    "Location efficiency report" means a report that is
10prepared by an applicant for increased State economic
11development assistance under Section 10 and follows this Act
12and any related Department guidelines, and that describes the
13existence of (i) affordable workforce housing or (ii)
14accessible and affordable mass transit or its equivalent.
15    "Employee housing or transportation remediation plan"
16means a plan to increase affordable housing or transportation
17options, or both, for employees earning up to the median annual
18salary of the workforce at the project. The plan may include,
19but is not limited to, an employer-financed or assisted housing
20program that can be supplemented by State or federal grants,
21shuttle services between the place of employment and existing
22transit stops or other reasonably accessible places,
23facilitation of employee carpooling, or similar services.
24     "Accessible and affordable mass transit" means access to
25transit stops with regular and frequent service within one mile
26from the project site and pedestrian access to transit stops.



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1    "Affordable workforce housing" means owner-occupied or
2rental housing that costs, based on current census data for the
3municipality where the project is located or any municipality
4within 3 miles of the municipality where the project is
5located, no more than 35% of the median salary at the project
6site, exclusive of the highest 10% of the site's salaries. If
7the project is located in an unincorporated area, "affordable
8workforce housing" means no more than 35% of the median salary
9at the project site, excluding the highest 10% of the site's
10salaries, based on the median cost of rental or of
11owner-occupied housing in the county where the unincorporated
12area is located.
13    "Department" means the Department of Commerce and Economic
14Opportunity (DCEO) or its successor agency.
15    "Applicant" means a company or its representative that
16negotiates or applies for economic development assistance from
18    "Economic development assistance" means State tax credits
19and tax exemptions given as an incentive to an eligible company
20after certification by DCEO under the Economic Development for
21a Growing Economy Tax Credit Act (EDGE).
22    "Existence of infrastructure" means the existence within
231,500 feet of the proposed site of roads, sewers, sidewalks,
24and other utilities and a description of the investments or
25improvements, if any, that an applicant expects State or local
26government 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
6increased economic development assistance under this Act shall
7submit a location efficiency report.
8    (b) DCEO may give an applicant an increased tax credit or
9extension if the applicant's location efficiency report
10demonstrates that the applicant is seeking assistance for a
11project to be located in an area that satisfies this Act's
12standards for affordable workforce housing or affordable and
13accessible mass transit. If the Department determines from the
14location efficiency report that the applicant is seeking
15assistance in an area that is not location efficient, the
16Department may award an increase in State economic development
17assistance if an applicant (i) submits, and the Department
18accepts, an applicant's employee housing and transportation
19remediation plan or (ii) creates jobs in a labor surplus area
20as defined by the Department of Employment Security at the end
21of each calendar year.
22    (c) Applicants locating or expanding at location-efficient
23sites, with approved location efficiency plans, or creating
24jobs in labor surplus areas may receive (i) up to 10% more than
25the maximum allowable tax credits for which they are eligible



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1under the Economic Development for a Growing Economy Tax Credit
2Act (EDGE), but not to equal or exceed 100% of the applicant's
3tax liability, or (ii) such other adjustment of those tax
4credits, including but not limited to extensions, as the
5Department deems appropriate.
6    (d) The Department may provide technical assistance to
7employers requesting assistance in developing an appropriate
8employee 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
14housing or transportation plans for each assisted project in
15the annual compilation and publication of project progress
16reports required under subsection (d) of Section 20 of the
17Corporate Accountability for Tax Expenditures Act. Companies
18that fail to do so or that make inadequate progress shall have
19their increased tax credit or extension eliminated. Applicants
20and submitted data are subject to all disclosure, reporting,
21and recapture provisions set forth in Public Act 93-552.
22    (b) By June 1, 2008 and by June 1 of each year thereafter
23through 2011, the Department shall include, when appropriate,
24data on the outcomes or status of approved employee housing or
25transportation plans in the project progress reports required



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1under 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
7    (a) Any multi-year incentive awarded under this Act shall
8continue for the time period called for in the agreement with
9the Department and shall not be altered by the repeal of this
11    (b) By January 1, 2011, the Department shall submit to the
12Speaker of the House of Representatives and the President of
13the Senate, for assignment to the appropriate committees, a
14report on the incentives awarded under this Act and the
15Department's activities, findings, and recommendations with
16respect to this Act and its extension, amendment, or repeal.
17The report, when acted upon by those committees, shall be
18distributed 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,
5(Source: P.A. 94-966, eff. 1-1-07.)".