Sen. David Koehler

Filed: 3/4/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 571

2    AMENDMENT NO. ______. Amend Senate Bill 571 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Enterprise Zone Act is amended by
5changing Section 5.3 as follows:
 
6    (20 ILCS 655/5.3)  (from Ch. 67 1/2, par. 608)
7    Sec. 5.3. Certification of Enterprise Zones; Effective
8date.
9    (a) Certification of Board-approved designated Enterprise
10Zones shall be made by the Department by certification of the
11designating ordinance. The Department shall promptly issue a
12certificate for each Enterprise Zone upon approval by the
13Board. The certificate shall be signed by the Director of the
14Department, shall make specific reference to the designating
15ordinance, which shall be attached thereto, and shall be filed
16in the office of the Secretary of State. A certified copy of

 

 

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1the Enterprise Zone Certificate, or a duplicate original
2thereof, shall be recorded in the office of recorder of deeds
3of the county in which the Enterprise Zone lies.
4    (b) An Enterprise Zone shall be effective on the date of
5the Department's January 1 of the first calendar year after
6Department certification. The Department shall transmit a copy
7of the certification to the Department of Revenue, and to the
8designating municipality or county.
9    Upon certification of an Enterprise Zone, the terms and
10provisions of the designating ordinance shall be in effect, and
11may not be amended or repealed except in accordance with
12Section 5.4.
13    (c) With the exception of Enterprise Zones scheduled to
14expire before December 31, 2018, an Enterprise Zone designated
15before the effective date of this amendatory Act of the 97th
16General Assembly shall be in effect for 30 calendar years, or
17for a lesser number of years specified in the certified
18designating ordinance. Notwithstanding the foregoing, any
19Enterprise Zone in existence on the effective date of this
20amendatory Act of the 98th General Assembly that has a term of
2120 calendar years may be extended for an additional 10 calendar
22years upon amendment of the designating ordinance by the
23designating municipality or county and submission of the
24ordinance to the Department. The amended ordinance must be
25properly recorded in the Office of Recorder of Deeds of each
26county in which the Enterprise Zone lies. Each Enterprise Zone

 

 

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1in existence on the effective date of this amendatory Act of
2the 97th General Assembly that is scheduled to expire before
3July 1, 2016 may have its termination date extended until July
41, 2016 upon amendment of the designating ordinance by the
5designating municipality or county extending the termination
6date to July 1, 2016 and submission of the ordinance to the
7Department. The amended ordinance must be properly recorded in
8the Office of Recorder of Deeds of each county in which the
9Enterprise Zone lies. An Enterprise Zone designated on or after
10the effective date of this amendatory Act of the 97th General
11Assembly shall be in effect for a term of 15 calendar years, or
12for a lesser number of years specified in the certified
13designating ordinance. An enterprise zone designated on or
14after the effective date of this amendatory Act of the 97th
15General Assembly shall be subject to review by the Board after
1613 years for an additional 10-year designation beginning on the
17expiration date of the enterprise zone. During the review
18process, the Board shall consider the costs incurred by the
19State and units of local government as a result of tax benefits
20received by the enterprise zone. Enterprise Zones shall
21terminate at midnight of December 31 of the final calendar year
22of the certified term, except as provided in Section 5.4.
23    (d) No more than 12 Enterprise Zones may be certified by
24the Department in calendar year 1984, no more than 12
25Enterprise Zones may be certified by the Department in calendar
26year 1985, no more than 13 Enterprise Zones may be certified by

 

 

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1the Department in calendar year 1986, no more than 15
2Enterprise Zones may be certified by the Department in calendar
3year 1987, and no more than 20 Enterprise Zones may be
4certified by the Department in calendar year 1990. In other
5calendar years, no more than 13 Enterprise Zones may be
6certified by the Department. The Department may also designate
7up to 8 additional Enterprise Zones outside the regular
8application cycle if warranted by the extreme economic
9circumstances as determined by the Department. The Department
10may also designate one additional Enterprise Zone outside the
11regular application cycle if an aircraft manufacturer agrees to
12locate an aircraft manufacturing facility in the proposed
13Enterprise Zone. Notwithstanding any other provision of this
14Act, no more than 89 Enterprise Zones may be certified by the
15Department for the 10 calendar years commencing with 1983. The
167 additional Enterprise Zones authorized by Public Act 86-15
17shall not lie within municipalities or unincorporated areas of
18counties that abut or are contiguous to Enterprise Zones
19certified pursuant to this Section prior to June 30, 1989. The
207 additional Enterprise Zones (excluding the additional
21Enterprise Zone which may be designated outside the regular
22application cycle) authorized by Public Act 86-1030 shall not
23lie within municipalities or unincorporated areas of counties
24that abut or are contiguous to Enterprise Zones certified
25pursuant to this Section prior to February 28, 1990. Beginning
26in calendar year 2004 and until December 31, 2008, one

 

 

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1additional enterprise zone may be certified by the Department.
2In any calendar year, the Department may not certify more than
33 Zones located within the same municipality. The Department
4may certify Enterprise Zones in each of the 10 calendar years
5commencing with 1983. The Department may not certify more than
6a total of 18 Enterprise Zones located within the same county
7(whether within municipalities or within unincorporated
8territory) for the 10 calendar years commencing with 1983.
9Thereafter, the Department may not certify any additional
10Enterprise Zones, but may amend and rescind certifications of
11existing Enterprise Zones in accordance with Section 5.4.
12    (e) Notwithstanding any other provision of law, if (i) the
13county board of any county in which a current military base is
14located, in part or in whole, or in which a military base that
15has been closed within 20 years of the effective date of this
16amendatory Act of 1998 is located, in part or in whole, adopts
17a designating ordinance in accordance with Section 5 of this
18Act to designate the military base in that county as an
19enterprise zone and (ii) the property otherwise meets the
20qualifications for an enterprise zone as prescribed in Section
214 of this Act, then the Department may certify the designating
22ordinance or ordinances, as the case may be.
23    (f) Applications for Enterprise Zones that are scheduled to
24expire in 2016, including Enterprise Zones that have been
25extended until 2016 by this amendatory Act of the 97th General
26Assembly, shall be submitted to the Department no later than

 

 

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1December 31, 2014. At that time, the Zone becomes available for
2either the previously designated area or a different area to
3compete for designation. No preference for designation as a
4Zone will be given to the previously designated area.
5    For Enterprise Zones that are scheduled to expire on or
6after January 1, 2017, an application process shall begin 3 2
7years prior to the year in which the Zone expires. At that
8time, the Zone becomes available for either the previously
9designated area or a different area to compete for designation.
10No preference for designation as a Zone will be given to the
11previously designated area.
12    Each Enterprise Zone that reapplies for certification but
13does not receive a new certification shall expire on its
14scheduled termination date.
15(Source: P.A. 97-905, eff. 8-7-12; 98-109, eff. 7-25-13.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".