Full Text of SB0571 99th General Assembly
SB0571ham002 99TH GENERAL ASSEMBLY | Rep. Jehan Gordon-Booth Filed: 5/26/2016
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| 1 | | AMENDMENT TO SENATE BILL 571
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 571 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Enterprise Zone Act is amended by | 5 | | changing 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 | 8 | | date.
| 9 | | (a) Certification of Board-approved designated Enterprise | 10 | | Zones shall be made by the
Department by certification of the | 11 | | designating ordinance. The Department
shall promptly issue a | 12 | | certificate for each Enterprise Zone upon
approval by the | 13 | | Board. The certificate shall be signed by the Director of the
| 14 | | Department, shall make specific reference to the designating | 15 | | ordinance,
which shall be attached thereto, and shall be filed | 16 | | in the office of the
Secretary of State. A certified copy of |
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| 1 | | the Enterprise Zone Certificate, or
a duplicate original | 2 | | thereof, shall be recorded in the office of recorder
of deeds | 3 | | of the county in which the Enterprise Zone lies.
| 4 | | (b) An Enterprise Zone certified prior to January 1, 2016 | 5 | | or on or after January 1, 2017 shall be effective on January 1 | 6 | | of the first calendar year after Department certification. An | 7 | | Enterprise Zone certified on or after January 1, 2016 and on or | 8 | | before December 31, 2016 shall be effective on the date of the | 9 | | Department's certification. The
Department shall transmit a | 10 | | copy of the certification to the Department
of Revenue, and to | 11 | | the designating municipality or county.
| 12 | | Upon certification of an Enterprise Zone, the terms and | 13 | | provisions of the
designating ordinance shall be in effect, and | 14 | | may not be amended or repealed
except in accordance with | 15 | | Section 5.4.
| 16 | | (c) With the exception of Enterprise Zones scheduled to | 17 | | expire before December 31, 2018, an Enterprise Zone designated | 18 | | before the effective date of this amendatory Act of the 97th | 19 | | General Assembly shall be in effect for 30 calendar years, or | 20 | | for
a lesser number of years specified in the certified | 21 | | designating ordinance.
Notwithstanding the foregoing, any | 22 | | Enterprise Zone in existence on the effective date of this | 23 | | amendatory Act of the 98th General Assembly that has a term of | 24 | | 20 calendar years may be extended for an additional 10 calendar | 25 | | years upon amendment of the designating ordinance by the | 26 | | designating municipality or county and submission of the |
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| 1 | | ordinance to the Department. The amended ordinance must be | 2 | | properly recorded in the Office of Recorder of Deeds of each | 3 | | county in which the Enterprise Zone lies. Each Enterprise Zone | 4 | | in existence on the effective date of this amendatory Act of | 5 | | the 97th General Assembly that is scheduled to expire before | 6 | | July 1, 2016 may have its termination date extended until July | 7 | | 1, 2016 upon amendment of the designating ordinance by the | 8 | | designating municipality or county extending the termination | 9 | | date to July 1, 2016 and submission of the ordinance to the | 10 | | Department. The amended ordinance must be properly recorded in | 11 | | the Office of Recorder of Deeds of each county in which the | 12 | | Enterprise Zone lies. An Enterprise Zone designated on or after | 13 | | the effective date of this amendatory Act of the 97th General | 14 | | Assembly shall be in effect for a term of 15 calendar years, or | 15 | | for a lesser number of years specified in the certified | 16 | | designating ordinance. An enterprise zone designated on or | 17 | | after the effective date of this amendatory Act of the 97th | 18 | | General Assembly shall be subject to review by the Board after | 19 | | 13 years for an additional 10-year designation beginning on the | 20 | | expiration date of the enterprise zone. During the review | 21 | | process, the Board shall consider the costs incurred by the | 22 | | State and units of local government as a result of tax benefits | 23 | | received by the enterprise zone. Enterprise Zones shall | 24 | | terminate at midnight of December 31 of the final
calendar year | 25 | | of the certified term, except as provided in Section 5.4.
| 26 | | (d) No more than 12 Enterprise Zones may be certified by |
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| 1 | | the Department
in calendar year 1984, no more than 12 | 2 | | Enterprise Zones may be certified
by the Department in calendar | 3 | | year 1985, no more than 13 Enterprise
Zones may be certified by | 4 | | the Department in calendar year 1986, no
more than 15 | 5 | | Enterprise Zones may be certified by the Department in
calendar | 6 | | year 1987, and no more than 20 Enterprise Zones may be | 7 | | certified
by the Department in calendar year 1990. In other | 8 | | calendar years, no more
than 13 Enterprise Zones may be | 9 | | certified by the Department.
The Department may also designate | 10 | | up to 8 additional Enterprise Zones
outside the regular | 11 | | application cycle if warranted by the extreme economic
| 12 | | circumstances as determined by the Department. The Department | 13 | | may also
designate one additional Enterprise Zone outside the | 14 | | regular application
cycle if an aircraft manufacturer agrees to | 15 | | locate
an aircraft manufacturing facility in the proposed | 16 | | Enterprise Zone.
Notwithstanding any
other provision of this | 17 | | Act, no more than 89 Enterprise Zones may be
certified by the | 18 | | Department for the 10 calendar years commencing with 1983.
The | 19 | | 7 additional Enterprise Zones authorized by Public Act
86-15 | 20 | | shall not lie within municipalities or unincorporated areas of
| 21 | | counties that abut or are contiguous to Enterprise Zones | 22 | | certified pursuant
to this Section prior to June 30, 1989. The | 23 | | 7 additional Enterprise
Zones (excluding the additional | 24 | | Enterprise Zone which may be designated
outside the regular | 25 | | application cycle) authorized by Public Act 86-1030
shall not | 26 | | lie within municipalities or unincorporated areas of counties
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| 1 | | that abut or are contiguous to Enterprise Zones certified | 2 | | pursuant to this
Section prior to February 28, 1990. Beginning | 3 | | in calendar year 2004 and until
December 31, 2008, one | 4 | | additional enterprise zone may be certified by the
Department. | 5 | | In any calendar year, the
Department
may not certify more than | 6 | | 3 Zones located within the same municipality. The
Department | 7 | | may certify Enterprise Zones in each of the 10 calendar years
| 8 | | commencing with 1983. The Department may not certify more than | 9 | | a total of
18 Enterprise Zones located within the same county | 10 | | (whether within
municipalities or within unincorporated | 11 | | territory) for the 10 calendar years
commencing with 1983. | 12 | | Thereafter, the Department may not certify any
additional | 13 | | Enterprise Zones, but may amend and rescind certifications of
| 14 | | existing Enterprise Zones in accordance with Section 5.4.
| 15 | | (e) Notwithstanding any other provision of law, if (i) the | 16 | | county board of
any county in which a current military base is | 17 | | located, in part or in whole, or
in which a military
base that | 18 | | has been closed within 20 years of the effective date of this
| 19 | | amendatory Act of 1998 is located, in part or in whole, adopts | 20 | | a designating
ordinance in accordance with Section 5 of this | 21 | | Act to designate the military
base in that county as an | 22 | | enterprise zone and (ii) the property otherwise
meets the
| 23 | | qualifications for an enterprise zone as prescribed in Section | 24 | | 4 of this Act,
then the Department may certify the designating | 25 | | ordinance or ordinances, as the
case may be.
| 26 | | (f) Applications for Enterprise Zones that are scheduled to |
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| 1 | | expire in 2016, including Enterprise Zones that have been | 2 | | extended until 2016 by this amendatory Act of the 97th General | 3 | | Assembly, shall be submitted to the Department no later than | 4 | | December 31, 2014. At that time, the Zone becomes available for | 5 | | either the previously designated area or a different area to | 6 | | compete for designation. No preference for designation as a | 7 | | Zone will be given to the previously designated area. | 8 | | For Enterprise Zones that are scheduled to expire on or | 9 | | after January 1, 2017, an application process shall begin 2 | 10 | | years prior to the year in which the Zone expires. At that | 11 | | time, the Zone becomes available for either the previously | 12 | | designated area or a different area to compete for designation. | 13 | | No preference for designation as a Zone will be given to the | 14 | | previously designated area. | 15 | | Each Enterprise Zone that reapplies for certification but | 16 | | does not receive a new certification shall expire on its | 17 | | scheduled termination date. | 18 | | (Source: P.A. 97-905, eff. 8-7-12; 98-109, eff. 7-25-13.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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