Full Text of HB2334 94th General Assembly
HB2334 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2334
Introduced 2/16/2005, by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED: |
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20 ILCS 655/3 |
from Ch. 67 1/2, par. 603 |
20 ILCS 655/11.2 new |
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20 ILCS 655/12-2 |
from Ch. 67 1/2, par. 619 |
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Amends the Illinois Enterprise Zone Act. Provides that areas of a county or a municipality that are qualified to become an enterprise zone shall also be qualified to become an agri-zone. Sets forth that an agribusiness located within an agri-zone shall be eligible to receive the same State and local incentives and assistance under the same circumstances as businesses in enterprise zones. Provides certain limitations on the agri-zones created under this Section. Makes other changes.
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A BILL FOR
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HB2334 |
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LRB094 08441 RSP 38646 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Enterprise Zone Act is amended by | 5 |
| changing Sections 3 and 12-2 and by adding Section 11.2 as | 6 |
| follows:
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| (20 ILCS 655/3) (from Ch. 67 1/2, par. 603)
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| Sec. 3. Definition. As used in this Act, the following | 9 |
| words shall
have the meanings ascribed to them, unless the | 10 |
| context otherwise requires:
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| (a) "Department" means the Department of Commerce and | 12 |
| Economic Opportunity
Community Affairs .
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| (b) "Enterprise Zone" means an area of the State certified | 14 |
| by the Department
as an Enterprise Zone pursuant to this Act.
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| (c) "Depressed Area" means an area in which pervasive | 16 |
| poverty, unemployment
and economic distress exist.
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| (d) "Designated Zone Organization" means an association or | 18 |
| entity: (1)
the members of which are substantially all | 19 |
| residents of the Enterprise Zone;
(2) the board of directors of | 20 |
| which is elected by the members of the organization;
(3) which | 21 |
| satisfies the criteria set forth in Section 501(c) (3) or | 22 |
| 501(c) (4) of the
Internal Revenue Code; and (4) which exists | 23 |
| primarily for the purpose of
performing within such area or | 24 |
| zone for the benefit of the residents and businesses
thereof | 25 |
| any of the functions set forth in Section 8 of this Act.
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| (e) "Agency" means each officer, board, commission and | 27 |
| agency created
by the Constitution, in the executive branch of | 28 |
| State government, other
than the State Board of Elections; each | 29 |
| officer, department, board, commission,
agency, institution, | 30 |
| authority, university, body politic and corporate of
the State; | 31 |
| and each administrative unit or corporate outgrowth of the | 32 |
| State
government which is created by or pursuant to statute, |
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HB2334 |
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LRB094 08441 RSP 38646 b |
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| other than units
of local government and their officers, school | 2 |
| districts and boards of election
commissioners; each | 3 |
| administrative unit or corporate outgrowth of the above
and as | 4 |
| may be created by executive order of the Governor. No entity | 5 |
| shall
be considered an "agency" for the purposes of this Act | 6 |
| unless authorized
by law to make rules or regulations.
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| (f) "Rule" means each agency statement of general | 8 |
| applicability that implements,
applies, interprets or | 9 |
| prescribes law or policy, but does not include (i)
statements | 10 |
| concerning only the internal management of an agency and not
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| affecting private rights or procedures available to persons or | 12 |
| entities
outside the agency, (ii) intra-agency memoranda, or | 13 |
| (iii) the prescription
of standardized forms.
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| (g) "Agribusiness" shall have the same meaning given to it | 15 |
| in 505 ILCS 19/5.
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| (Source: P.A. 85-162; revised 12-6-03.)
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| (20 ILCS 655/11.2 new) | 18 |
| Sec. 11.2. Creation of Agri-Zones. | 19 |
| (a) Notwithstanding the number of enterprise zones which | 20 |
| may be created pursuant to Section 5.3 of this Act, a | 21 |
| municipality or county may create by ordinance and the | 22 |
| Department may certify not more than 10 agri-zones whose | 23 |
| boundaries shall encompass the agribusiness or group of | 24 |
| agribusinesses for which the agri-zone has been created and | 25 |
| certified. | 26 |
| (b) Areas of a county or a municipality that are qualified | 27 |
| to become an enterprise zone shall also be qualified to become | 28 |
| an agri-zone and they shall be created by ordinance by a | 29 |
| municipality or county and shall be certified by the Department | 30 |
| in the same manner as enterprise zones. An agribusiness located | 31 |
| within an agri-zone shall be eligible to receive the same State | 32 |
| and local incentives and assistance under the same | 33 |
| circumstances as businesses in enterprise zones. | 34 |
| (c) In addition to the circumstances under which an | 35 |
| agri-zone may be created under subsection (b) of this Section, |
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LRB094 08441 RSP 38646 b |
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| an agri-zone may also be created by ordinance and certified by | 2 |
| the Department for an agribusiness or group of agribusinesses | 3 |
| that plan to locate within the zone and create jobs, or for an | 4 |
| agribusiness or group of agribusinesses seeking assistance to | 5 |
| retain jobs. In certification by the Department, preference | 6 |
| shall be given to agri-zones created for agribusinesses created | 7 |
| or expanded with assistance granted under the Illinois | 8 |
| AgriFIRST Program Act (505 ILCS 19), the Food and Agriculture | 9 |
| Research Act (505 ILCS 82), or that is using technology | 10 |
| transferred from a university that creating or retaining jobs.
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| (20 ILCS 655/12-2) (from Ch. 67 1/2, par. 619)
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| Sec. 12-2. Definitions. Unless the context
clearly | 13 |
| requires otherwise:
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| (a) "Financial institution" means a trust company,
a bank, | 15 |
| a savings bank, a credit union, an investment bank, a
broker, | 16 |
| an investment trust, a pension fund, a building and
loan | 17 |
| association, a savings and loan association, an insurance
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| company or any venture capital company which is authorized to
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| do business in the State.
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| (b) "Participating lender" means any trust company,
bank, | 21 |
| savings bank, credit union, investment bank, broker,
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| investment trust, pension fund, building and loan association,
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| savings and loan association, insurance company or venture
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| capital company approved by the Department which assumes a
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| portion of the financing for a business project.
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| (c) "Department" means the Illinois Department of Commerce
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| and Economic Opportunity
Community Affairs .
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| (d) "Business" means a for-profit, legal entity located in | 29 |
| an
Illinois Enterprise Zone or an Agri-Zone including, but not | 30 |
| limited to, any sole proprietorship,
partnership, corporation, | 31 |
| joint venture, association or
cooperative.
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| (e) "Loan" means an agreement or contract to provide a loan | 33 |
| or other
financial aid to a business.
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| (f) "Project" means any specific economic development
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| activity of a commercial, industrial, manufacturing,
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LRB094 08441 RSP 38646 b |
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| agricultural, scientific, service or other business in an | 2 |
| Enterprise Zone, the
result of which yields an increase in jobs | 3 |
| and may include
the purchase or lease of machinery and | 4 |
| equipment, the lease
or purchase of real property or funds for | 5 |
| infrastructure
necessitated by site preparation, building | 6 |
| construction or
related purposes but does not include | 7 |
| refinancing current
debt.
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| (g) "Fund" means the Enterprise Zone Loan
Fund created in | 9 |
| Section 12-6.
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| (Source: P.A. 84-165; revised 12-6-03.)
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