98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB6217

 

Introduced , by Rep. Jim Durkin

 

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

    Amends the Illinois Enterprise Zone Act. Provides that, beginning in calendar year 2014 and until December 31, 2017, an additional 50 enterprise zones may be certified by the Department of Commerce and Economic Opportunity. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6217LRB098 16923 HLH 51998 b

1    AN ACT concerning economic development.
 
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4may not be amended or repealed except in accordance with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. Notwithstanding the foregoing, any
12Enterprise Zone in existence on the effective date of this
13amendatory Act of the 98th General Assembly that has a term of
1420 calendar years may be extended for an additional 10 calendar
15years upon amendment of the designating ordinance by the
16designating municipality or county and submission of the
17ordinance to the Department. The amended ordinance must be
18properly recorded in the Office of Recorder of Deeds of each
19county in which the Enterprise Zone lies. Each Enterprise Zone
20in existence on the effective date of this amendatory Act of
21the 97th General Assembly that is scheduled to expire before
22July 1, 2016 may have its termination date extended until July
231, 2016 upon amendment of the designating ordinance by the
24designating municipality or county extending the termination
25date to July 1, 2016 and submission of the ordinance to the
26Department. The amended ordinance must be properly recorded in

 

 

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

 

 

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1application cycle if warranted by the extreme economic
2circumstances as determined by the Department. The Department
3may also designate one additional Enterprise Zone outside the
4regular application cycle if an aircraft manufacturer agrees to
5locate an aircraft manufacturing facility in the proposed
6Enterprise Zone. Notwithstanding any other provision of this
7Act, no more than 89 Enterprise Zones may be certified by the
8Department for the 10 calendar years commencing with 1983. The
97 additional Enterprise Zones authorized by Public Act 86-15
10shall not lie within municipalities or unincorporated areas of
11counties that abut or are contiguous to Enterprise Zones
12certified pursuant to this Section prior to June 30, 1989. The
137 additional Enterprise Zones (excluding the additional
14Enterprise Zone which may be designated outside the regular
15application cycle) authorized by Public Act 86-1030 shall not
16lie within municipalities or unincorporated areas of counties
17that abut or are contiguous to Enterprise Zones certified
18pursuant to this Section prior to February 28, 1990. Beginning
19in calendar year 2004 and until December 31, 2008, one
20additional enterprise zone may be certified by the Department.
21Beginning in calendar year 2014 and until December 31, 2017, an
22additional 50 enterprise zones may be certified by the
23Department. In any calendar year, the Department may not
24certify more than 3 Zones located within the same municipality.
25The Department may certify Enterprise Zones in each of the 10
26calendar years commencing with 1983. The Department may not

 

 

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1certify more than a total of 18 Enterprise Zones located within
2the same county (whether within municipalities or within
3unincorporated territory) for the 10 calendar years commencing
4with 1983. Thereafter, the Department may not certify any
5additional Enterprise Zones, but may amend and rescind
6certifications of existing Enterprise Zones in accordance with
7Section 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.