97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5858

 

Introduced 2/16/2012, by Rep. 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, beginning in calendar year 2012 and in each calendar year thereafter, the Department of Commerce and Economic Opportunity may certify no more than 39 Enterprise Zones. 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) Approval of designated Enterprise Zones shall be made
10by the Department by certification of the designating
11ordinance. The Department shall promptly issue a certificate
12for each Enterprise Zone upon its approval. The certificate
13shall be signed by the Director of the Department, shall make
14specific reference to the designating ordinance, which shall be
15attached thereto, and shall be filed in the office of the
16Secretary of State. A certified copy of the Enterprise Zone
17Certificate, or a duplicate original thereof, shall be recorded
18in the office of recorder of deeds of the county in which the
19Enterprise Zone lies.
20    (b) An Enterprise Zone shall be effective upon its
21certification. The Department shall transmit a copy of the
22certification to the Department of Revenue, and to the
23designating municipality or county.

 

 

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1    Upon certification of an Enterprise Zone, the terms and
2provisions of the designating ordinance shall be in effect, and
3may not be amended or repealed except in accordance with
4Section 5.4.
5    (c) An Enterprise Zone shall be in effect for 30 calendar
6years, or for a lesser number of years specified in the
7certified designating ordinance. Enterprise Zones shall
8terminate at midnight of December 31 of the final calendar year
9of the certified term, except as provided in Section 5.4.
10    (d) No more than 12 Enterprise Zones may be certified by
11the Department in calendar year 1984, no more than 12
12Enterprise Zones may be certified by the Department in calendar
13year 1985, no more than 13 Enterprise Zones may be certified by
14the Department in calendar year 1986, no more than 15
15Enterprise Zones may be certified by the Department in calendar
16year 1987, and no more than 20 Enterprise Zones may be
17certified by the Department in calendar year 1990. Through
18calendar year 2011 In other calendar years, no more than 13
19Enterprise Zones may be certified by the Department. Beginning
20in calendar year 2012 and in each calendar year thereafter, the
21Department may certify no more than 39 Enterprise Zones. The
22Department may also designate up to 8 additional Enterprise
23Zones outside the regular application cycle if warranted by the
24extreme economic circumstances as determined by the
25Department. The Department may also designate one additional
26Enterprise Zone outside the regular application cycle if an

 

 

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1aircraft manufacturer agrees to locate an aircraft
2manufacturing facility in the proposed Enterprise Zone.
3Notwithstanding any other provision of this Act, no more than
489 Enterprise Zones may be certified by the Department for the
510 calendar years commencing with 1983. The 7 additional
6Enterprise Zones authorized by Public Act 86-15 shall not lie
7within municipalities or unincorporated areas of counties that
8abut or are contiguous to Enterprise Zones certified pursuant
9to this Section prior to June 30, 1989. The 7 additional
10Enterprise Zones (excluding the additional Enterprise Zone
11which may be designated outside the regular application cycle)
12authorized by Public Act 86-1030 shall not lie within
13municipalities or unincorporated areas of counties that abut or
14are contiguous to Enterprise Zones certified pursuant to this
15Section prior to February 28, 1990. Beginning in calendar year
162004 and until December 31, 2008, one additional enterprise
17zone may be certified by the Department. In any calendar year,
18the Department may not certify more than 3 Zones located within
19the same municipality. The Department may certify Enterprise
20Zones in each of the 10 calendar years commencing with 1983.
21The Department may not certify more than a total of 18
22Enterprise Zones located within the same county (whether within
23municipalities or within unincorporated territory) for the 10
24calendar years commencing with 1983. Thereafter, the
25Department may not certify any additional Enterprise Zones, but
26may amend and rescind certifications of existing Enterprise

 

 

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1Zones in accordance with Section 5.4.
2    (e) Notwithstanding any other provision of law, if (i) the
3county board of any county in which a current military base is
4located, in part or in whole, or in which a military base that
5has been closed within 20 years of the effective date of this
6amendatory Act of 1998 is located, in part or in whole, adopts
7a designating ordinance in accordance with Section 5 of this
8Act to designate the military base in that county as an
9enterprise zone and (ii) the property otherwise meets the
10qualifications for an enterprise zone as prescribed in Section
114 of this Act, then the Department may certify the designating
12ordinance or ordinances, as the case may be.
13(Source: P.A. 92-16, eff. 6-28-01; 92-777, eff. 1-1-03; 93-436,
14eff. 1-1-04.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.