Illinois General Assembly - Full Text of SB0571
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Full Text of SB0571  99th General Assembly

SB0571ham001 99TH GENERAL ASSEMBLY

Rep. Andrew F Skoog

Filed: 5/25/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 571

2    AMENDMENT NO. ______. Amend Senate Bill 571 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1the Enterprise Zone Certificate, or a duplicate original
2thereof, shall be recorded in the office of recorder of deeds
3of the county in which the Enterprise Zone lies.
4    (b) If an Enterprise Zone expires prior to July 1, 2016,
5then that An Enterprise Zone shall be effective on January 1 of
6the first calendar year after Department certification. If an
7Enterprise Zone expires on July 1, 2016, and a new Enterprise
8Zone that includes territory from the expired Enterprise Zone
9is certified by the Department on or after July 1, 2016 but
10prior to September 30, 2016, then that Enterprise Zone shall be
11effective on July 1, 2016. If an Enterprise Zone expires after
12July 1, 2016, then that Enterprise Zone shall be effective on
13the date of certification by the Department. The Department
14shall transmit a copy of the certification to the Department of
15Revenue, and to the designating municipality or county.
16    Upon certification of an Enterprise Zone, the terms and
17provisions of the designating ordinance shall be in effect, and
18may not be amended or repealed except in accordance with
19Section 5.4.
20    (c) With the exception of Enterprise Zones scheduled to
21expire before December 31, 2018, an Enterprise Zone designated
22before the effective date of this amendatory Act of the 97th
23General Assembly shall be in effect for 30 calendar years, or
24for a lesser number of years specified in the certified
25designating ordinance. Notwithstanding the foregoing, any
26Enterprise Zone in existence on the effective date of this

 

 

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1amendatory Act of the 98th General Assembly that has a term of
220 calendar years may be extended for an additional 10 calendar
3years upon amendment of the designating ordinance by the
4designating municipality or county and submission of the
5ordinance to the Department. The amended ordinance must be
6properly recorded in the Office of Recorder of Deeds of each
7county in which the Enterprise Zone lies. Each Enterprise Zone
8in existence on the effective date of this amendatory Act of
9the 97th General Assembly that is scheduled to expire before
10July 1, 2016 may have its termination date extended until July
111, 2016 upon amendment of the designating ordinance by the
12designating municipality or county extending the termination
13date to July 1, 2016 and submission of the ordinance to the
14Department. The amended ordinance must be properly recorded in
15the Office of Recorder of Deeds of each county in which the
16Enterprise Zone lies. An Enterprise Zone designated on or after
17the effective date of this amendatory Act of the 97th General
18Assembly shall be in effect for a term of 15 calendar years, or
19for a lesser number of years specified in the certified
20designating ordinance. An enterprise zone designated on or
21after the effective date of this amendatory Act of the 97th
22General Assembly shall be subject to review by the Board after
2313 years for an additional 10-year designation beginning on the
24expiration date of the enterprise zone. During the review
25process, the Board shall consider the costs incurred by the
26State and units of local government as a result of tax benefits

 

 

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1received by the enterprise zone. Enterprise Zones shall
2terminate at midnight of December 31 of the final calendar year
3of the certified term, except as provided in Section 5.4.
4    (d) No more than 12 Enterprise Zones may be certified by
5the Department in calendar year 1984, no more than 12
6Enterprise Zones may be certified by the Department in calendar
7year 1985, no more than 13 Enterprise Zones may be certified by
8the Department in calendar year 1986, no more than 15
9Enterprise Zones may be certified by the Department in calendar
10year 1987, and no more than 20 Enterprise Zones may be
11certified by the Department in calendar year 1990. In other
12calendar years, no more than 13 Enterprise Zones may be
13certified by the Department. The Department may also designate
14up to 8 additional Enterprise Zones outside the regular
15application cycle if warranted by the extreme economic
16circumstances as determined by the Department. The Department
17may also designate one additional Enterprise Zone outside the
18regular application cycle if an aircraft manufacturer agrees to
19locate an aircraft manufacturing facility in the proposed
20Enterprise Zone. Notwithstanding any other provision of this
21Act, no more than 89 Enterprise Zones may be certified by the
22Department for the 10 calendar years commencing with 1983. The
237 additional Enterprise Zones authorized by Public Act 86-15
24shall not lie within municipalities or unincorporated areas of
25counties that abut or are contiguous to Enterprise Zones
26certified pursuant to this Section prior to June 30, 1989. The

 

 

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17 additional Enterprise Zones (excluding the additional
2Enterprise Zone which may be designated outside the regular
3application cycle) authorized by Public Act 86-1030 shall not
4lie within municipalities or unincorporated areas of counties
5that abut or are contiguous to Enterprise Zones certified
6pursuant to this Section prior to February 28, 1990. Beginning
7in calendar year 2004 and until December 31, 2008, one
8additional enterprise zone may be certified by the Department.
9In any calendar year, the Department may not certify more than
103 Zones located within the same municipality. The Department
11may certify Enterprise Zones in each of the 10 calendar years
12commencing with 1983. The Department may not certify more than
13a total of 18 Enterprise Zones located within the same county
14(whether within municipalities or within unincorporated
15territory) for the 10 calendar years commencing with 1983.
16Thereafter, the Department may not certify any additional
17Enterprise Zones, but may amend and rescind certifications of
18existing Enterprise Zones in accordance with Section 5.4.
19    (e) Notwithstanding any other provision of law, if (i) the
20county board of any county in which a current military base is
21located, in part or in whole, or in which a military base that
22has been closed within 20 years of the effective date of this
23amendatory Act of 1998 is located, in part or in whole, adopts
24a designating ordinance in accordance with Section 5 of this
25Act to designate the military base in that county as an
26enterprise zone and (ii) the property otherwise meets the

 

 

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1qualifications for an enterprise zone as prescribed in Section
24 of this Act, then the Department may certify the designating
3ordinance or ordinances, as the case may be.
4    (f) Applications for Enterprise Zones that are scheduled to
5expire in 2016, including Enterprise Zones that have been
6extended until 2016 by this amendatory Act of the 97th General
7Assembly, shall be submitted to the Department no later than
8December 31, 2014. At that time, the Zone becomes available for
9either the previously designated area or a different area to
10compete for designation. No preference for designation as a
11Zone will be given to the previously designated area.
12    For Enterprise Zones that are scheduled to expire on or
13after January 1, 2017, an application process shall begin 3 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; 98-109, eff. 7-25-13.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".