Illinois 97th Regular Session Status: Enacted 1 R cosponsors

SB 2168 — INC TX-RIVER EDGE REDEVELOP

Last action — Public Act . . . . . . . . . 97-0203

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 10, 2011. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    0 primary, 6 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Creates the Historic Rehabilitation Tax Credit Act. Authorizes tax credits against Illinois income taxes and insurance company privilege taxes for 25% of the costs of rehabilitating certain historic property located in a River Edge Redevelopment Zone. Allows excess credits to be carried back and forward. Allows credits to be transferred, sold, or assigned. Administered by the Department of Commerce and Economic Opportunity. Sets forth application and award procedures. Effective immediately.

Bill Text

What changed in the latest version

174 added · 91 removed

Plain-language change summary

The amended bill SB 2168 introduces a new requirement where the tax credit can only be claimed for expenses exceeding $5,000 for restoring historic structures, and the total must exceed 50% of the property's purchase price. Additionally, the timeline for applying for the tax credit has been removed, meaning taxpayers can apply for the credit at any time during the eligible period. This change may encourage more property owners to invest in restoring historic structures without the pressure of a strict application deadline, potentially benefiting local economies and preserving cultural heritage.

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SB2168 Engrossed LRB097 09058 HLH 49192 b AN ACT concerning revenue.
SB2168 Enrolled LRB097 09058 HLH 49192 b AN ACT concerning revenue.
(a) For taxable years beginning on or after January 1, 2012, there shall be allowed a tax credit against the tax imposed by subsections (a) and (b) of Section 201 in an amount equal to 25% of qualified expenditures incurred by a qualified taxpayer during the taxable year in the restoration and preservation of a qualified historic structure located in a River Edge Redevelopment Zone that exists on the effective date of this amendatory Act of the 97th General Assembly pursuant to a qualified rehabilitation plan, provided that the total amount SB2168 Engrossed - 2 - LRB097 09058 HLH 49192 b of such expenditures (i) must equal $5,000 or more and (ii) must exceed 50% of the purchase price of the property.
(a) For taxable years beginning on or after January 1, 2012 and ending prior to January 1, 2017, there shall be allowed a tax credit against the tax imposed by subsections (a) and (b) of Section 201 in an amount equal to 25% of qualified expenditures incurred by a qualified taxpayer during the taxable year in the restoration and preservation of a qualified historic structure located in a River Edge Redevelopment Zone pursuant to a qualified rehabilitation plan, provided that the total amount of such expenditures (i) must equal $5,000 or more SB2168 Enrolled - 2 - LRB097 09058 HLH 49192 b and (ii) must exceed 50% of the purchase price of the property.
(b) To obtain a tax credit pursuant to this Section, the taxpayer must apply with the Department of Commerce and Economic Opportunity no later than 6 months after the effective date of this amendatory Act of the 97th General Assembly.
(b) To obtain a tax credit pursuant to this Section, the taxpayer must apply with the Department of Commerce and Economic Opportunity.
Subject to appropriation, moneys in the Historic Property Administrative Fund shall be evenly divided between the Department of Commerce and Economic Opportunity and the Historic Preservation Agency to reimburse the Department of Commerce and Economic Opportunity and the Historic Preservation Agency for the costs SB2168 Engrossed - 3 - LRB097 09058 HLH 49192 b associated with administering this Section.
Subject to appropriation, moneys in the Historic Property Administrative Fund shall be evenly divided between the Department of Commerce and Economic Opportunity and the Historic Preservation Agency to reimburse the Department of Commerce and Economic Opportunity and the Historic Preservation Agency for the costs associated with administering this Section.
The taxpayer must attach the certificate to the tax return on which the credits are to be claimed.
The taxpayer must attach the certificate to the tax return on which the credits are to be SB2168 Enrolled - 3 - LRB097 09058 HLH 49192 b claimed.
The Department of Commerce and Economic Opportunity may adopt rules to implement this Section.
If the amount of any tax credit awarded under this Section exceeds the qualified taxpayer's income tax liability for the year in which the qualified rehabilitation plan was placed in service, the excess amount may be carried forward for deduction from the taxpayer's income tax liability in the next succeeding year or years until the total amount of the credit has been used, except that a credit may not be carried forward for deduction after the tenth taxable year after the taxable year in which the qualified rehabilitation plan was placed in service.
"Qualified rehabilitation plan" means a project that is approved by the Historic Preservation Agency as being consistent with the standards in effect on the effective date SB2168 Engrossed - 4 - LRB097 09058 HLH 49192 b of this amendatory Act of the 97th General Assembly for rehabilitation as adopted by the federal Secretary of the Interior.
"Qualified rehabilitation plan" means a project that is approved by the Historic Preservation Agency as being consistent with the standards in effect on the effective date of this amendatory Act of the 97th General Assembly for rehabilitation as adopted by the federal Secretary of the Interior.
If the taxpayer is (i) a corporation having an election in effect under Subchapter S of the federal Internal Revenue Code, (ii) a partnership, or (iii) a limited liability company, the credit provided under this Act may be claimed by the shareholders of the corporation, the partners of the partnership, or the members of the limited liability company in the same manner as those shareholders, partners, or members account for their proportionate shares of the income or losses of the corporation, partnership, or limited liability company, or as provided in the by-laws or other executed agreement of the corporation, partnership, or limited liability company.
Partners, shareholders of subchapter S corporations, and owners of limited liability companies (if the limited liability company is treated as a partnership for SB2168 Enrolled - 4 - LRB097 09058 HLH 49192 b purposes of federal and State income taxation) are entitled to a credit under this Section to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 703 and subchapter S of the Internal Revenue Code, provided that credits granted to a partnership, a limited liability company taxed as a partnership, or other multiple owners of property shall be passed through to the partners, members, or owners respectively on a pro rata basis or pursuant to an executed agreement among the partners, members, or owners documenting any alternate distribution method.
Credits granted to a partnership, a limited liability company taxed as a partnership, or other multiple owners of property shall be passed through to the partners, members, or owners respectively on a pro rata basis or pursuant to an executed agreement among the partners, members, or owners documenting any alternate distribution method.
Section 15.
Section 99.
The River Edge Redevelopment Zone Act is amended by changing Sections 10-2 and 10-5.3 as follows:
(65 ILCS 115/10-2) Sec.
10-2.
Findings.
The General Assembly finds and declares that those municipalities adjacent to or surrounding river areas often lack critical tools to safely revive and redevelop environmentally-challenged properties that will stimulate economic revitalization and create jobs in Illinois.
Environmentally-challenged properties adjacent to or surrounding Illinois rivers are a threat to the health, safety, and welfare of the people of this State.
Many of these environmentally-challenged properties adjacent to or surrounding rivers were former industrial areas that now, SB2168 Enrolled - 5 - LRB097 09058 HLH 49192 b subject to appropriate environmental clean-up and remediation, would be ideal for office, residential, retail, hospitality, commercial, recreational, warehouse and distribution, and other economically productive uses.
The cost of the cleaning and remediation of these environmentally-challenged properties is often the primary obstacle to returning these properties to a safe and economically productive use.
Cooperative and continuous partnership among the State, through the Department of Commerce and Economic Opportunity and the Environmental Protection Agency, municipalities adjacent to or surrounding rivers, and the private sector is necessary to appropriately encourage the cost-effective cleaning and remediation of these environmentally-challenged properties in order to bring about a safe and economically productive use of the properties.
Therefore, it is declared to be the purpose of this Act to identify and initiate 3 pilot River Edge Redevelopment Zones to stimulate the safe and cost-effective re-use of environmentally-challenged properties adjacent to or surrounding rivers by means of tax incentives or grants.
On or after the effective date of this amendatory Act of the 97th General Assembly, the Department may certify an additional pilot River Edge Redevelopment Zone in the City of Peoria.
(Source:
P.A.
94-1021, eff.
7-12-06;
94-1022, eff.
7-12-06.) (65 ILCS 115/10-5.3) SB2168 Enrolled - 6 - LRB097 09058 HLH 49192 b Sec.
10-5.3.
Certification of River Edge Redevelopment Zones.
(a) Approval of designated River Edge Redevelopment Zones shall be made by the Department by certification of the designating ordinance.
The Department shall promptly issue a certificate for each zone upon its approval.
The certificate shall be signed by the Director of the Department, shall make specific reference to the designating ordinance, which shall be attached thereto, and shall be filed in the office of the Secretary of State.
A certified copy of the River Edge Redevelopment Zone Certificate, or a duplicate original thereof, shall be recorded in the office of the recorder of deeds of the county in which the River Edge Redevelopment Zone lies.
(b) A River Edge Redevelopment Zone shall be effective upon its certification.
The Department shall transmit a copy of the certification to the Department of Revenue, and to the designating municipality.
Upon certification of a River Edge Redevelopment Zone, the terms and provisions of the designating ordinance shall be in effect, and may not be amended or repealed except in accordance with Section 10-5.4.
(c) A River Edge Redevelopment Zone shall be in effect for the period stated in the certificate, which shall in no event exceed 30 calendar years.
Zones shall terminate at midnight of December 31 of the final calendar year of the certified term, except as provided in Section 10-5.4.
SB2168 Enrolled - 7 - LRB097 09058 HLH 49192 b (d) In calendar years 2006 and 2007, the Department may certify one pilot River Edge Redevelopment Zone in the City of East St.
Louis, one pilot River Edge Redevelopment Zone in the City of Rockford, and one pilot River Edge Redevelopment Zone in the City of Aurora.
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In calendar year 2009, the Department may certify one pilot River Edge Redevelopment Zone in the City of Elgin.
On or after the effective date of this amendatory Act of the 97th General Assembly, the Department may certify one additional pilot River Edge Redevelopment Zone in the City of Peoria.
Thereafter the Department may not certify any additional River Edge Redevelopment Zones, but may amend and rescind certifications of existing River Edge Redevelopment Zones in accordance with Section 10-5.4.
(e) A municipality in which a River Edge Redevelopment Zone has been certified must submit to the Department, within 60 days after the certification, a plan for encouraging the participation by minority persons, females, persons with disabilities, and veterans in the zone.
The Department may assist the municipality in developing and implementing the plan.
The terms "minority person", "female", and "person with a disability" have the meanings set forth under Section 2 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act.
"Veteran" means an Illinois resident who is a veteran as defined in subsection (h) of Section 1491 of Title SB2168 Enrolled - 8 - LRB097 09058 HLH 49192 b 10 of the United States Code.
(Source:
P.A.
96-37, eff.
7-13-09.) Section 99.
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Action History

  1. Public Act . . . . . . . . . 97-0203

  2. Effective Date July 28, 2011

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 2 Senate Concurs 058-000-000

  7. House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Revenue; 007-000-000

  8. House Floor Amendment No. 2 Motion to Concur Assignments Referred to Revenue

  9. House Floor Amendment No. 2 Motion to Concur Referred to Assignments

  10. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr.

  11. Placed on Calendar Order of Concurrence House Amendment(s) 2 - May 31, 2011

  12. Secretary's Desk - Concurrence House Amendment(s) 2

  13. Third Reading - Short Debate - Passed 115-000-000

  14. Placed on Calendar Order of 3rd Reading - Short Debate

  15. House Floor Amendment No. 2 Adopted by Voice Vote

  16. House Floor Amendment No. 2 Recommends Be Adopted Revenue & Finance Committee; 009-000-000

  17. Added Alternate Co-Sponsor Rep. Joe Sosnowski

  18. House Floor Amendment No. 2 Rules Refers to Revenue & Finance Committee

  19. Held on Calendar Order of Second Reading - Short Debate

  20. Second Reading - Short Debate

  21. Added Alternate Co-Sponsor Rep. Michael Unes

  22. Added Alternate Co-Sponsor Rep. Jack McGuire

  23. House Floor Amendment No. 2 Referred to Rules Committee

  24. House Floor Amendment No. 2 Filed with Clerk by Rep. Jehan A. Gordon

  25. House Committee Amendment No. 1 Tabled Pursuant to Rule 40

  26. Placed on Calendar 2nd Reading - Short Debate

  27. Do Pass / Short Debate Revenue & Finance Committee; 009-000-000

  28. Final Action Deadline Extended-9(b) May 31, 2011

  29. Added Alternate Co-Sponsor Rep. Eddie Lee Jackson, Sr.

  30. Added Alternate Co-Sponsor Rep. Keith Farnham

  31. Added Alternate Chief Co-Sponsor Rep. Dave Winters

  32. Added Alternate Chief Co-Sponsor Rep. Linda Chapa LaVia

  33. Added Alternate Chief Co-Sponsor Rep. David R. Leitch

  34. Final Action Deadline Extended-9(b) May 27, 2011

  35. Motion to Suspend Rule 25 - Prevailed by Voice Vote

  36. Motion Filed to Suspend Rule 25 Revenue & Finance Committee; Rep. Barbara Flynn Currie

  37. House Committee Amendment No. 1 Rules Refers to Revenue & Finance Committee

  38. Committee Deadline Extended-Rule 9(b) May 20, 2011

  39. House Committee Amendment No. 1 Referred to Rules Committee

  40. House Committee Amendment No. 1 Filed with Clerk by Rep. Jehan A. Gordon

  41. Assigned to Revenue & Finance Committee

  42. Referred to Rules Committee

  43. First Reading

  44. Added Alternate Chief Co-Sponsor Rep. Charles E. Jefferson

  45. Alternate Chief Sponsor Changed to Rep. Jehan A. Gordon

  46. Chief House Sponsor Rep. Charles E. Jefferson

  47. Placed on Calendar Order of First Reading

  48. Arrived in House

  49. Third Reading - Passed; 056-000-001

  50. Added as Chief Co-Sponsor Sen. David Koehler

  51. Added as Co-Sponsor Sen. Dave Syverson

  52. Placed on Calendar Order of 3rd Reading April 12, 2011

  53. Senate Floor Amendment No. 1 Adopted; Clayborne

  54. Second Reading

  55. Senate Floor Amendment No. 1 Recommend Do Adopt Revenue; 009-000-000

  56. Senate Floor Amendment No. 1 Assignments Refers to Revenue

  57. Senate Floor Amendment No. 1 Referred to Assignments

  58. Senate Floor Amendment No. 1 Filed with Secretary by Sen. James F. Clayborne, Jr.

  59. Placed on Calendar Order of 2nd Reading March 17, 2011

  60. Do Pass Revenue; 008-002-000

  61. Postponed - Revenue

  62. Added as Chief Co-Sponsor Sen. Michael Noland

  63. Added as Chief Co-Sponsor Sen. Linda Holmes

  64. Assigned to Revenue

  65. Referred to Assignments

  66. First Reading

  67. Filed with Secretary by Sen. James F. Clayborne, Jr.

Sponsors

  • Jr. James F. Clayborne · Cosponsor
  • Keith Farnham · Cosponsor
  • Sr. Eddie Lee Jackson · Cosponsor
  • Jack McGuire · Cosponsor
  • Michael Unes · Cosponsor
  • Joe C. Sosnowski · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 6 co-sponsors · 177 not signed on

Sponsors (0)

None.

Co-sponsors (6)

  • James F. Clayborne, Jr.
  • Keith Farnham
  • Eddie Lee Jackson, Sr.
  • Jack McGuire
  • Michael Unes
  • Joe C. Sosnowski Republican

Not signed on (177)

177 members have not signed on to this bill.

Show all 177 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 115 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 13001
Unaffiliated 96002
Republican 6000
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Brauer — Yea
Brown — Yea
Carli — Yea
Connelly — Yea
McAsey — Yea
Holbrook — Yea
Jakobsson — Yea
Jefferson — Yea
Nekritz — Yea
Kay — Yea
Leitch — Yea
Mathias — Yea
May — Yea
Reitz — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Lyons — Yea
Moffitt — Yea
Morthland — Yea
Senger — Yea
Soto — Yea
Bradley — Yea
McGuire — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Sullivan — Yea
Harris, David — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Golar — Yea
Gordon — Yea
Harris, Greg — Yea
Lang — Yea
Hernandez — Yea
Madigan — Yea
Mulligan — Yea
Watson — Yea
Williams — Yea
Osmond — Yea
Phelps — Yea
Jones — Yea
Thapedi — Yea
Davis, Monique — Yea
Howard — Not Voting
Tryon — Yea
Turner — Yea
Unes — Yea
Verschoore — Yea
Winters — Yea
Yarbrough — Yea
Zalewski — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Hatcher — Not Voting
Hays — Yea
Jackson — Yea
Kosel — Yea
Nybo — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Roth — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Sente — Yea
Sommer — Yea
Acevedo — Yea
Arroyo — Yea
Barickman — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biss — Yea
Mautino — Yea
Bost — Yea
Chapa LaVia — Yea
Du Buclet — Yea
Anthony DeLuca Democrat Yea
Bill Cunningham Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Julie A. Morrison Democrat Not Voting
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Michelle Mussman Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Jil Tracy Republican Yea
Joe C. Sosnowski Republican Yea
Norine K. Hammond Republican Yea
Wayne A. Rosenthal Republican Yea

Official roll call →

Concurrence, Amendment 2

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 45001
Democrat 10000
Republican 3000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Cultra — Yea
Mulroe — Yea
Muñoz — Yea
Link — Yea
Maloney — Yea
McCann — Yea
McCarter — Yea
Meeks — Yea
Millner — Yea
Brady — Yea
Schoenberg — Yea
Jacobs — Yea
Johnson, C. — Yea
Steans — Yea
Sullivan — Yea
Jones, J. — Yea
Clayborne — Yea
Crotty — Yea
Haine — Yea
Hutchinson — Yea
Kotowski — Yea
LaHood — Yea
Cullerton — Yea
Landek — Yea
Johnson, T. — Not Voting
Noland — Yea
Radogno — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Trotter — Yea
Wilhelmi — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Sandack — Yea
Sandoval — Yea
Silverstein — Yea
Lauzen — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Yea

Official roll call →

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 43003
Democrat 10000
Republican 3000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Millner — Yea
Forby — Yea
Muñoz — Yea
Link — Yea
Luechtefeld — Yea
Haine — Yea
LaHood — Yea
Landek — Yea
Brady — Yea
Maloney — Yea
Johnson, C. — Yea
Johnson, T. — Yea
McCann — Yea
McCarter — Not Voting
Sullivan — Yea
Jones, J. — Yea
Meeks — Not Voting
Mulroe — Yea
Cullerton — Yea
Noland — Yea
Pankau — Yea
Jacobs — Not Voting
Schoenberg — Yea
Steans — Yea
Trotter — Yea
Wilhelmi — Yea
Clayborne — Yea
Crotty — Yea
Cultra — Yea
Dillard — Yea
Duffy — Yea
Frerichs — Yea
Garrett — Yea
Hutchinson — Yea
Kotowski — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Sandack — Yea
Sandoval — Yea
Silverstein — Yea
Lauzen — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

taxation housing
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Frequently asked questions

What does SB 2168 do?
Creates the Historic Rehabilitation Tax Credit Act. Authorizes tax credits against Illinois income taxes and insurance company privilege taxes for 25% of the costs of rehabilitating certain historic property located in a River Edge Redevelopment Zone. Allows excess credits to be carried back and forward. Allows credits to be transferred, sold, or assigned. Administered by the Department of Commerce and Economic Opportunity. Sets forth application and award procedures. Effective immediately.
Who sponsors SB 2168?
SB 2168 is sponsored by James F. Clayborne, Jr., Keith Farnham, Eddie Lee Jackson, Sr., Jack McGuire, Michael Unes, and Joe C. Sosnowski (Republican).
What is the current status of SB 2168?
This bill has been enacted into law. Introduced February 10, 2011. Enacted.
Where can I track SB 2168?
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