Rep. William B. Black
Filed: 4/19/2007
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1 | AMENDMENT TO HOUSE BILL 2949
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2 | AMENDMENT NO. ______. Amend House Bill 2949 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Enterprise Zone Act is amended by | ||||||
5 | changing Section 5.4 as follows:
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6 | (20 ILCS 655/5.4) (from Ch. 67 1/2, par. 609)
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7 | Sec. 5.4. Amendment and Decertification of Enterprise
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8 | Zones.
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9 | (a) The terms of a certified enterprise zone designating | ||||||
10 | ordinance
may be amended to
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11 | (i) alter the boundaries of the Enterprise Zone, or
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12 | (ii) expand, limit or repeal tax incentives or benefits | ||||||
13 | provided in
the ordinance, or
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14 | (iii) alter the termination date of the zone, or
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15 | (iv) make technical corrections in the enterprise zone | ||||||
16 | designating
ordinance; but such amendment shall not be |
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1 | effective unless the
Department issues an amended | ||||||
2 | certificate for the Enterprise Zone, approving
the amended | ||||||
3 | designating ordinance. Upon the adoption of any ordinance
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4 | amending or repealing the
terms of a certified enterprise | ||||||
5 | zone designating ordinance, the municipality
or county | ||||||
6 | shall promptly file with the Department an application for | ||||||
7 | approval
thereof, containing substantially the same | ||||||
8 | information as required for an
application under Section | ||||||
9 | 5.1 insofar as material to the proposed changes.
The | ||||||
10 | municipality or county must hold a public hearing on the | ||||||
11 | proposed changes
as specified in Section 5 and, if the | ||||||
12 | amendment is to effectuate the
limitation of tax abatements | ||||||
13 | under Section 5.4.1, then the public notice of the
hearing | ||||||
14 | shall state that property that is in both the enterprise | ||||||
15 | zone and a
redevelopment project area may not receive tax | ||||||
16 | abatements unless within 60 days
after the adoption of the | ||||||
17 | amendment to the designating ordinance the
municipality | ||||||
18 | has determined that eligibility for tax abatements has been
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19 | established,
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20 | (v) include an area within another municipality or | ||||||
21 | county as part of
the designated enterprise zone provided | ||||||
22 | the requirements of Section 4 are
complied with, or
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23 | (vi) effectuate the limitation of tax abatements under | ||||||
24 | Section
5.4.1.
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25 | (b) The Department shall approve or disapprove a proposed | ||||||
26 | amendment to
a certified enterprise zone within 90 days of its |
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1 | receipt of the application
from the municipality or county. The | ||||||
2 | Department may not approve changes
in a Zone which are not in | ||||||
3 | conformity with this Act, as now or hereafter
amended, or with | ||||||
4 | other applicable laws. If the Department issues an amended
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5 | certificate for an Enterprise Zone, the amended certificate, | ||||||
6 | together with
the amended zone designating ordinance, shall be | ||||||
7 | filed, recorded and
transmitted as provided in Section 5.3. | ||||||
8 | If there are 2 or more designating units of local | ||||||
9 | government, then an application under this subsection (b) for a | ||||||
10 | proposed amendment to
a certified Enterprise Zone must be | ||||||
11 | submitted jointly by a majority of the designating units of | ||||||
12 | local government.
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13 | (c) An Enterprise Zone may be decertified by joint action | ||||||
14 | of the
Department and the designating county or municipality in | ||||||
15 | accordance with this
Section.
The designating county or | ||||||
16 | municipality shall conduct at least one public
hearing within | ||||||
17 | the zone prior to its adoption of an ordinance of
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18 | de-designation. The mayor of the designating municipality or | ||||||
19 | the chairman of
the county
board of the designating county | ||||||
20 | shall execute a joint decertification
agreement with the | ||||||
21 | Department. A decertification of an Enterprise Zone shall
not
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22 | become effective until at least 6 months after the execution of | ||||||
23 | the
decertification
agreement, which shall be filed in the | ||||||
24 | office of the Secretary of State.
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25 | (d) An Enterprise Zone may be decertified for cause by
the | ||||||
26 | Department in accordance with this Section. Prior to
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1 | decertification: (1) the Department shall notify the chief | ||||||
2 | elected official
of the designating county or municipality in | ||||||
3 | writing of the specific
deficiencies which provide cause for | ||||||
4 | decertification; (2) the Department
shall place the | ||||||
5 | designating county or municipality on probationary status for
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6 | at least 6 months during which time corrective action may be
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7 | achieved in the enterprise zone by the designating county or | ||||||
8 | municipality;
and, (3) the Department
shall conduct at least | ||||||
9 | one public hearing within the zone. If such
corrective action | ||||||
10 | is not achieved during the probationary period, the
Department | ||||||
11 | shall issue an amended certificate
signed by the Director of | ||||||
12 | the Department decertifying the enterprise zone,
which | ||||||
13 | certificate shall be filed in the
office of the Secretary of | ||||||
14 | State. A certified copy of the amended
enterprise zone | ||||||
15 | certificate, or a duplicate original thereof, shall be
recorded | ||||||
16 | in the office of recorder of the county in which the enterprise
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17 | zone lies, and shall be provided to the chief elected official | ||||||
18 | of the
designating county or municipality. Decertification of | ||||||
19 | an Enterprise Zone
shall not become effective until 60 days | ||||||
20 | after the date of filing.
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21 | (e) In the event of a decertification, or an amendment | ||||||
22 | reducing the length
of the term or the area of an Enterprise | ||||||
23 | Zone or the adoption of an ordinance
reducing or eliminating | ||||||
24 | tax benefits in an Enterprise Zone, all benefits
previously | ||||||
25 | extended within the Zone pursuant to this Act or pursuant to
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26 | any other Illinois law providing benefits specifically to or |
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1 | within Enterprise
Zones shall remain in effect for the original | ||||||
2 | stated term of the Enterprise
Zone, with respect to business | ||||||
3 | enterprises within the Zone on the effective
date of such | ||||||
4 | decertification or amendment, and with respect to individuals
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5 | participating in urban homestead
programs under this Act.
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6 | (f) Except as otherwise provided in Section 5.4.1, with | ||||||
7 | respect to
business enterprises (or expansions thereof) which
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8 | are proposed or under development within a Zone at the time of | ||||||
9 | a
decertification
or an amendment reducing the length of the | ||||||
10 | term of the Zone, or excluding
from the Zone area the site of | ||||||
11 | the proposed enterprise, or an ordinance
reducing or | ||||||
12 | eliminating tax benefits in a Zone, such business enterprise
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13 | shall be entitled to the benefits previously applicable within | ||||||
14 | the Zone
for the original stated term of the Zone, if the | ||||||
15 | business enterprise
establishes:
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16 | (i) that the proposed business enterprise or expansion
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17 | has been committed
to be located within the Zone;
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18 | (ii) that substantial and binding financial | ||||||
19 | obligations have been made
towards the development of such | ||||||
20 | enterprise; and
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21 | (iii) that such commitments have been made in | ||||||
22 | reasonable reliance on
the benefits and programs which were | ||||||
23 | to have been applicable to the enterprise
by reason of the | ||||||
24 | Zone, including in the case of a reduction in term of a
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25 | zone, the original length of the term.
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26 | In declaratory judgment actions under this paragraph, the |
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1 | Department and
the designating municipality or county shall be | ||||||
2 | necessary parties defendant.
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3 | (Source: P.A. 90-258, eff. 7-30-97.)
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.".
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