Illinois General Assembly - Full Text of HB3401
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Full Text of HB3401  98th General Assembly

HB3401 98TH GENERAL ASSEMBLY


 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3401

 

Introduced , by Rep. C.D. Davidsmeyer

 

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 2013 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

 

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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4may not be amended or repealed except in accordance with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. 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. In other
7calendar years, no more than 13 Enterprise Zones may be
8certified by the Department. The Department may also designate
9up to 8 additional Enterprise Zones outside the regular
10application cycle if warranted by the extreme economic
11circumstances as determined by the Department. The Department
12may also designate one additional Enterprise Zone outside the
13regular application cycle if an aircraft manufacturer agrees to
14locate an aircraft manufacturing facility in the proposed
15Enterprise Zone. Notwithstanding any other provision of this
16Act, no more than 89 Enterprise Zones may be certified by the
17Department for the 10 calendar years commencing with 1983. The
187 additional Enterprise Zones authorized by Public Act 86-15
19shall not lie within municipalities or unincorporated areas of
20counties that abut or are contiguous to Enterprise Zones
21certified pursuant to this Section prior to June 30, 1989. The
227 additional Enterprise Zones (excluding the additional
23Enterprise Zone which may be designated outside the regular
24application cycle) authorized by Public Act 86-1030 shall not
25lie within municipalities or unincorporated areas of counties
26that abut or are contiguous to Enterprise Zones certified

 

 

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1pursuant to this Section prior to February 28, 1990. Beginning
2in calendar year 2004 and until December 31, 2008, one
3additional enterprise zone may be certified by the Department.
4Beginning in calendar year 2013 and until December 31, 2017, an
5additional 50 enterprise zones may be certified by the
6Department.In any calendar year, the Department may not certify
7more than 3 Zones located within the same municipality. The
8Department may certify Enterprise Zones in each of the 10
9calendar years commencing with 1983. The Department may not
10certify more than a total of 18 Enterprise Zones located within
11the same county (whether within municipalities or within
12unincorporated territory) for the 10 calendar years commencing
13with 1983. Thereafter, the Department may not certify any
14additional Enterprise Zones, but may amend and rescind
15certifications of existing Enterprise Zones in accordance with
16Section 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.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.