100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2359

 

Introduced , by Rep. Avery Bourne

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 655/5.3  from Ch. 67 1/2, par. 608

    Amends the Illinois Enterprise Zone Act. Provides that, in calendar year 2017, the Department of Commerce and Economic Opportunity may certify an additional 25 Enterprise Zones. Provides that for Enterprise Zones scheduled to expire after January 1, 2017, the application process shall begin 5 years (currently, 2 years) prior to the year in which the Zone expires. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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7may not be amended or repealed except in accordance with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. Except as

 

 

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1otherwise provided, in In other calendar years, no more than 13
2Enterprise Zones may be certified by the Department. In
3calendar year 2017, the Department may certify an additional 25
4Enterprise Zones. The Department may also designate up to 8
5additional Enterprise Zones outside the regular application
6cycle if warranted by the extreme economic circumstances as
7determined by the Department. The Department may also designate
8one additional Enterprise Zone outside the regular application
9cycle if an aircraft manufacturer agrees to locate an aircraft
10manufacturing facility in the proposed Enterprise Zone.
11Notwithstanding any other provision of this Act, no more than
1289 Enterprise Zones may be certified by the Department for the
1310 calendar years commencing with 1983. The 7 additional
14Enterprise Zones authorized by Public Act 86-15 shall not lie
15within municipalities or unincorporated areas of counties that
16abut or are contiguous to Enterprise Zones certified pursuant
17to this Section prior to June 30, 1989. The 7 additional
18Enterprise Zones (excluding the additional Enterprise Zone
19which may be designated outside the regular application cycle)
20authorized by Public Act 86-1030 shall not lie within
21municipalities or unincorporated areas of counties that abut or
22are contiguous to Enterprise Zones certified pursuant to this
23Section prior to February 28, 1990. Beginning in calendar year
242004 and until December 31, 2008, one additional enterprise
25zone may be certified by the Department. In any calendar year,
26the Department may not certify more than 3 Zones located within

 

 

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1the same municipality. The Department may certify Enterprise
2Zones in each of the 10 calendar years commencing with 1983.
3The Department may not certify more than a total of 18
4Enterprise Zones located within the same county (whether within
5municipalities or within unincorporated territory) for the 10
6calendar years commencing with 1983. Thereafter, the
7Department may not certify any additional Enterprise Zones, but
8may amend and rescind certifications of existing Enterprise
9Zones in accordance with Section 5.4.
10    (e) Notwithstanding any other provision of law, if (i) the
11county board of any county in which a current military base is
12located, in part or in whole, or in which a military base that
13has been closed within 20 years of the effective date of this
14amendatory Act of 1998 is located, in part or in whole, adopts
15a designating ordinance in accordance with Section 5 of this
16Act to designate the military base in that county as an
17enterprise zone and (ii) the property otherwise meets the
18qualifications for an enterprise zone as prescribed in Section
194 of this Act, then the Department may certify the designating
20ordinance or ordinances, as the case may be.
21    (f) Applications for Enterprise Zones that are scheduled to
22expire in 2016, including Enterprise Zones that have been
23extended until 2016 by this amendatory Act of the 97th General
24Assembly, shall be submitted to the Department no later than
25December 31, 2014. At that time, the Zone becomes available for
26either the previously designated area or a different area to

 

 

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1compete for designation. No preference for designation as a
2Zone will be given to the previously designated area.
3    For Enterprise Zones that are scheduled to expire on or
4after January 1, 2017, an application process shall begin 5 2
5years prior to the year in which the Zone expires. At that
6time, the Zone becomes available for either the previously
7designated area or a different area to compete for designation.
8No preference for designation as a Zone will be given to the
9previously designated area.
10    Each Enterprise Zone that reapplies for certification but
11does not receive a new certification shall expire on its
12scheduled termination date.
13(Source: P.A. 98-109, eff. 7-25-13; 99-615, eff. 7-22-16.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.