98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1593

 

Introduced 2/13/2013, by Sen. Chapin Rose

 

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 2013, the Department may certify an additional 10 Enterprise Zones in counties with a population of less than 50,000.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT 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 shall be effective on January 1 of
21the first calendar year after Department certification. The
22Department shall transmit a copy of the certification to the
23Department of Revenue, and to the designating municipality or

 

 

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1county.
2    Upon certification of an Enterprise Zone, the terms and
3provisions of the designating ordinance shall be in effect, and
4may not be amended or repealed except in accordance with
5Section 5.4.
6    (c) With the exception of Enterprise Zones scheduled to
7expire before December 31, 2018, an Enterprise Zone designated
8before the effective date of this amendatory Act of the 97th
9General Assembly shall be in effect for 30 calendar years, or
10for a lesser number of years specified in the certified
11designating ordinance. Each Enterprise Zone in existence on the
12effective date of this amendatory Act of the 97th General
13Assembly that is scheduled to expire before July 1, 2016 will
14have its termination date extended until July 1, 2016. An
15Enterprise Zone designated on or after the effective date of
16this amendatory Act of the 97th General Assembly shall be in
17effect for a term of 15 calendar years, or for a lesser number
18of years specified in the certified designating ordinance. An
19enterprise zone designated on or after the effective date of
20this amendatory Act of the 97th General Assembly shall be
21subject to review by the Board after 13 years for an additional
2210-year designation. Enterprise Zones shall terminate at
23midnight of December 31 of the final calendar year of the
24certified term, except as provided in Section 5.4.
25    (d) No more than 12 Enterprise Zones may be certified by
26the Department in calendar year 1984, no more than 12

 

 

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1Enterprise Zones may be certified by the Department in calendar
2year 1985, no more than 13 Enterprise Zones may be certified by
3the Department in calendar year 1986, no more than 15
4Enterprise Zones may be certified by the Department in calendar
5year 1987, and no more than 20 Enterprise Zones may be
6certified by the Department in calendar year 1990. Except as
7otherwise provided, in In other calendar years, no more than 13
8Enterprise Zones may be certified by the Department. In
9calendar year 2013, the Department may certify an additional 10
10Enterprise Zones in counties with a population of less than
1150,000. The Department may also designate up to 8 additional
12Enterprise Zones outside the regular application cycle if
13warranted by the extreme economic circumstances as determined
14by the Department. The Department may also designate one
15additional Enterprise Zone outside the regular application
16cycle if an aircraft manufacturer agrees to locate an aircraft
17manufacturing facility in the proposed Enterprise Zone.
18Notwithstanding any other provision of this Act, no more than
1989 Enterprise Zones may be certified by the Department for the
2010 calendar years commencing with 1983. The 7 additional
21Enterprise Zones authorized by Public Act 86-15 shall not lie
22within municipalities or unincorporated areas of counties that
23abut or are contiguous to Enterprise Zones certified pursuant
24to this Section prior to June 30, 1989. The 7 additional
25Enterprise Zones (excluding the additional Enterprise Zone
26which may be designated outside the regular application cycle)

 

 

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1authorized by Public Act 86-1030 shall not lie within
2municipalities or unincorporated areas of counties that abut or
3are contiguous to Enterprise Zones certified pursuant to this
4Section prior to February 28, 1990. Beginning in calendar year
52004 and until December 31, 2008, one additional enterprise
6zone may be certified by the Department. In any calendar year,
7the Department may not certify more than 3 Zones located within
8the same municipality. The Department may certify Enterprise
9Zones in each of the 10 calendar years commencing with 1983.
10The Department may not certify more than a total of 18
11Enterprise Zones located within the same county (whether within
12municipalities or within unincorporated territory) for the 10
13calendar years commencing with 1983. Thereafter, the
14Department may not certify any additional Enterprise Zones, but
15may amend and rescind certifications of existing Enterprise
16Zones in accordance with Section 5.4.
17    (e) Notwithstanding any other provision of law, if (i) the
18county board of any county in which a current military base is
19located, in part or in whole, or in which a military base that
20has been closed within 20 years of the effective date of this
21amendatory Act of 1998 is located, in part or in whole, adopts
22a designating ordinance in accordance with Section 5 of this
23Act to designate the military base in that county as an
24enterprise zone and (ii) the property otherwise meets the
25qualifications for an enterprise zone as prescribed in Section
264 of this Act, then the Department may certify the designating

 

 

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1ordinance or ordinances, as the case may be.
2    (f) Applications for Enterprise Zones that are scheduled to
3expire in 2016, 2017, or 2018, including Enterprise Zones that
4have been extended until 2016 by this amendatory Act of the
597th General Assembly, shall be submitted to the Department no
6later than the date established by the Department by rule
7pursuant to Section 5.2. At that time, the Zone becomes
8available for either the previously designated area or a
9different area to compete for designation. No preference for
10designation as a Zone will be given to the previously
11designated area.
12    For Enterprise Zones that are scheduled to expire on or
13after January 1, 2019, an application process shall begin 2
14years prior to the year in which the Zone expires. At that
15time, the Zone becomes available for either the previously
16designated area or a different area to compete for designation.
17No preference for designation as a Zone will be given to the
18previously designated area.
19    Each Enterprise Zone that reapplies for certification but
20does not receive a new certification shall expire on its
21scheduled termination date.
22(Source: P.A. 97-905, eff. 8-7-12.)