Illinois General Assembly - Full Text of SB0571
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Full Text of SB0571  99th General Assembly

SB0571enr 99TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17the Enterprise Zone Certificate, or a duplicate original
18thereof, shall be recorded in the office of recorder of deeds
19of the county in which the Enterprise Zone lies.
20    (b) An Enterprise Zone certified prior to January 1, 2016
21or on or after January 1, 2017 shall be effective on January 1
22of the first calendar year after Department certification. An
23Enterprise Zone certified on or after January 1, 2016 and on or

 

 

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1before December 31, 2016 shall be effective on the date of the
2Department's certification. The Department shall transmit a
3copy of the certification to the Department of Revenue, and to
4the designating municipality or county.
5    Upon certification of an Enterprise Zone, the terms and
6provisions of the designating ordinance shall be in effect, and
7may not be amended or repealed except in accordance with
8Section 5.4.
9    (c) With the exception of Enterprise Zones scheduled to
10expire before December 31, 2018, an Enterprise Zone designated
11before the effective date of this amendatory Act of the 97th
12General Assembly shall be in effect for 30 calendar years, or
13for a lesser number of years specified in the certified
14designating ordinance. Notwithstanding the foregoing, any
15Enterprise Zone in existence on the effective date of this
16amendatory Act of the 98th General Assembly that has a term of
1720 calendar years may be extended for an additional 10 calendar
18years upon amendment of the designating ordinance by the
19designating municipality or county and submission of the
20ordinance to the Department. The amended ordinance must be
21properly recorded in the Office of Recorder of Deeds of each
22county in which the Enterprise Zone lies. Each Enterprise Zone
23in existence on the effective date of this amendatory Act of
24the 97th General Assembly that is scheduled to expire before
25July 1, 2016 may have its termination date extended until July
261, 2016 upon amendment of the designating ordinance by the

 

 

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1designating municipality or county extending the termination
2date to July 1, 2016 and submission of the ordinance to the
3Department. The amended ordinance must be properly recorded in
4the Office of Recorder of Deeds of each county in which the
5Enterprise Zone lies. An Enterprise Zone designated on or after
6the effective date of this amendatory Act of the 97th General
7Assembly shall be in effect for a term of 15 calendar years, or
8for a lesser number of years specified in the certified
9designating ordinance. An enterprise zone designated on or
10after the effective date of this amendatory Act of the 97th
11General Assembly shall be subject to review by the Board after
1213 years for an additional 10-year designation beginning on the
13expiration date of the enterprise zone. During the review
14process, the Board shall consider the costs incurred by the
15State and units of local government as a result of tax benefits
16received by the enterprise zone. Enterprise Zones shall
17terminate at midnight of December 31 of the final calendar year
18of the certified term, except as provided in Section 5.4.
19    (d) No more than 12 Enterprise Zones may be certified by
20the Department in calendar year 1984, no more than 12
21Enterprise Zones may be certified by the Department in calendar
22year 1985, no more than 13 Enterprise Zones may be certified by
23the Department in calendar year 1986, no more than 15
24Enterprise Zones may be certified by the Department in calendar
25year 1987, and no more than 20 Enterprise Zones may be
26certified by the Department in calendar year 1990. In other

 

 

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

 

 

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1commencing with 1983. The Department may not certify more than
2a total of 18 Enterprise Zones located within the same county
3(whether within municipalities or within unincorporated
4territory) for the 10 calendar years commencing with 1983.
5Thereafter, the Department may not certify any additional
6Enterprise Zones, but may amend and rescind certifications of
7existing Enterprise Zones in accordance with Section 5.4.
8    (e) Notwithstanding any other provision of law, if (i) the
9county board of any county in which a current military base is
10located, in part or in whole, or in which a military base that
11has been closed within 20 years of the effective date of this
12amendatory Act of 1998 is located, in part or in whole, adopts
13a designating ordinance in accordance with Section 5 of this
14Act to designate the military base in that county as an
15enterprise zone and (ii) the property otherwise meets the
16qualifications for an enterprise zone as prescribed in Section
174 of this Act, then the Department may certify the designating
18ordinance or ordinances, as the case may be.
19    (f) Applications for Enterprise Zones that are scheduled to
20expire in 2016, including Enterprise Zones that have been
21extended until 2016 by this amendatory Act of the 97th General
22Assembly, shall be submitted to the Department no later than
23December 31, 2014. At that time, the Zone becomes available for
24either the previously designated area or a different area to
25compete for designation. No preference for designation as a
26Zone will be given to the previously designated area.

 

 

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