Full Text of HB0462 94th General Assembly
HB0462 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0462
Introduced 1/26/2005, by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED: |
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20 ILCS 655/5.3 |
from Ch. 67 1/2, par. 608 |
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Amends the Illinois Enterprise Zone Act. Provides that, beginning in calendar year 2004 and until
December 31, 2008, 2 additional enterprise zones (now, one additional enterprise zone) may be certified by the
Department of Commerce and Economic Opportunity.
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FISCAL NOTE ACT MAY APPLY | |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB0462 |
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LRB094 06950 BDD 37065 b |
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| AN ACT concerning economic development.
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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 Section 5.3 as follows:
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| (20 ILCS 655/5.3) (from Ch. 67 1/2, par. 608)
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| Sec. 5.3. Certification of Enterprise Zones; Effective | 8 |
| date.
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| (a) Approval of designated Enterprise Zones shall be made | 10 |
| by the
Department by certification of the designating | 11 |
| ordinance. The Department
shall promptly issue a certificate | 12 |
| for each Enterprise Zone upon its
approval. The certificate | 13 |
| shall be signed by the Director of the
Department, shall make | 14 |
| specific reference to the designating ordinance,
which shall be | 15 |
| attached thereto, and shall be filed in the office of the
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| Secretary of State. A certified copy of the Enterprise Zone | 17 |
| Certificate, or
a duplicate original thereof, shall be recorded | 18 |
| in the office of recorder
of deeds of the county in which the | 19 |
| Enterprise Zone lies.
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| (b) An Enterprise Zone shall be effective upon its | 21 |
| certification. The
Department shall transmit a copy of the | 22 |
| certification to the Department
of Revenue, and to the | 23 |
| designating municipality or county.
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| Upon certification of an Enterprise Zone, the terms and | 25 |
| provisions of the
designating ordinance shall be in effect, and | 26 |
| may not be amended or repealed
except in accordance with | 27 |
| Section 5.4.
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| (c) An Enterprise Zone shall be in effect for 30 calendar | 29 |
| years, or for
a lesser number of years specified in the | 30 |
| certified designating ordinance.
Enterprise Zones shall | 31 |
| terminate at midnight of December 31 of the final
calendar year | 32 |
| of the certified term, except as provided in Section 5.4.
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HB0462 |
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| (d) No more than 12 Enterprise Zones may be certified by | 2 |
| the Department
in calendar year 1984, no more than 12 | 3 |
| Enterprise Zones may be certified
by the Department in calendar | 4 |
| year 1985, no more than 13 Enterprise
Zones may be certified by | 5 |
| the Department in calendar year 1986, no
more than 15 | 6 |
| Enterprise Zones may be certified by the Department in
calendar | 7 |
| year 1987, and no more than 20 Enterprise Zones may be | 8 |
| certified
by the Department in calendar year 1990. In other | 9 |
| calendar years, no more
than 13 Enterprise Zones may be | 10 |
| certified by the Department.
The Department may also designate | 11 |
| up to 8 additional Enterprise Zones
outside the regular | 12 |
| application cycle if warranted by the extreme economic
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| circumstances as determined by the Department. The Department | 14 |
| may also
designate one additional Enterprise Zone outside the | 15 |
| regular application
cycle if an aircraft manufacturer agrees to | 16 |
| locate
an aircraft manufacturing facility in the proposed | 17 |
| Enterprise Zone.
Notwithstanding any
other provision of this | 18 |
| Act, no more than 89 Enterprise Zones may be
certified by the | 19 |
| Department for the 10 calendar years commencing with 1983.
The | 20 |
| 7 additional Enterprise Zones authorized by Public Act
86-15 | 21 |
| shall not lie within municipalities or unincorporated areas of
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| counties that abut or are contiguous to Enterprise Zones | 23 |
| certified pursuant
to this Section prior to June 30, 1989. The | 24 |
| 7 additional Enterprise
Zones (excluding the additional | 25 |
| Enterprise Zone which may be designated
outside the regular | 26 |
| application cycle) authorized by Public Act 86-1030
shall not | 27 |
| lie within municipalities or unincorporated areas of counties
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| that abut or are contiguous to Enterprise Zones certified | 29 |
| pursuant to this
Section prior to February 28, 1990. Beginning | 30 |
| in calendar year 2004 and until
December 31, 2008, 2
one | 31 |
| additional enterprise zones
zone may be certified by the
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| Department. In any calendar year, the
Department
may not | 33 |
| certify more than 3 Zones located within the same municipality. | 34 |
| The
Department may certify Enterprise Zones in each of the 10 | 35 |
| calendar years
commencing with 1983. The Department may not | 36 |
| certify more than a total of
18 Enterprise Zones located within |
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| the same county (whether within
municipalities or within | 2 |
| unincorporated territory) for the 10 calendar years
commencing | 3 |
| with 1983. Thereafter, the Department may not certify any
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| additional Enterprise Zones, but may amend and rescind | 5 |
| certifications of
existing Enterprise Zones in accordance with | 6 |
| Section 5.4.
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| (e) Notwithstanding any other provision of law, if (i) the | 8 |
| county board of
any county in which a current military base is | 9 |
| located, in part or in whole, or
in which a military
base that | 10 |
| has been closed within 20 years of the effective date of this
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| amendatory Act of 1998 is located, in part or in whole, adopts | 12 |
| a designating
ordinance in accordance with Section 5 of this | 13 |
| Act to designate the military
base in that county as an | 14 |
| enterprise zone and (ii) the property otherwise
meets the
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| qualifications for an enterprise zone as prescribed in Section | 16 |
| 4 of this Act,
then the Department may certify the designating | 17 |
| ordinance or ordinances, as the
case may be.
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| (Source: P.A. 92-16, eff. 6-28-01; 92-777, eff. 1-1-03; 93-436, | 19 |
| eff.
1-1-04.)
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