Full Text of SB1593 98th General Assembly
SB1593 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1593 Introduced 2/13/2013, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: |
|
20 ILCS 655/5.3 | from Ch. 67 1/2, par. 608 |
|
Amends the Illinois Enterprise Zone Act. Provides that, in calendar year 2013, the Department may certify an additional 10 Enterprise Zones in counties with a population of less than 50,000.
|
| |
| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
|
| | | SB1593 | | LRB098 07669 HLH 37742 b |
|
| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | the Enterprise Zone Certificate, or
a duplicate original | 18 | | thereof, shall be recorded in the office of recorder
of deeds | 19 | | of the county in which the Enterprise Zone lies.
| 20 | | (b) An Enterprise Zone shall be effective on January 1 of | 21 | | the first calendar year after Department certification. The
| 22 | | Department shall transmit a copy of the certification to the | 23 | | Department
of Revenue, and to the designating municipality or |
| | | SB1593 | - 2 - | LRB098 07669 HLH 37742 b |
|
| 1 | | county.
| 2 | | Upon certification of an Enterprise Zone, the terms and | 3 | | provisions of the
designating ordinance shall be in effect, and | 4 | | may not be amended or repealed
except in accordance with | 5 | | Section 5.4.
| 6 | | (c) With the exception of Enterprise Zones scheduled to | 7 | | expire before December 31, 2018, an Enterprise Zone designated | 8 | | before the effective date of this amendatory Act of the 97th | 9 | | General Assembly shall be in effect for 30 calendar years, or | 10 | | for
a lesser number of years specified in the certified | 11 | | designating ordinance.
Each Enterprise Zone in existence on the | 12 | | effective date of this amendatory Act of the 97th General | 13 | | Assembly that is scheduled to expire before July 1, 2016 will | 14 | | have its termination date extended until July 1, 2016. An | 15 | | Enterprise Zone designated on or after the effective date of | 16 | | this amendatory Act of the 97th General Assembly shall be in | 17 | | effect for a term of 15 calendar years, or for a lesser number | 18 | | of years specified in the certified designating ordinance. An | 19 | | enterprise zone designated on or after the effective date of | 20 | | this amendatory Act of the 97th General Assembly shall be | 21 | | subject to review by the Board after 13 years for an additional | 22 | | 10-year designation. Enterprise Zones shall terminate at | 23 | | midnight of December 31 of the final
calendar year of the | 24 | | certified term, except as provided in Section 5.4.
| 25 | | (d) No more than 12 Enterprise Zones may be certified by | 26 | | the Department
in calendar year 1984, no more than 12 |
| | | SB1593 | - 3 - | LRB098 07669 HLH 37742 b |
|
| 1 | | Enterprise Zones may be certified
by the Department in calendar | 2 | | year 1985, no more than 13 Enterprise
Zones may be certified by | 3 | | the Department in calendar year 1986, no
more than 15 | 4 | | Enterprise Zones may be certified by the Department in
calendar | 5 | | year 1987, and no more than 20 Enterprise Zones may be | 6 | | certified
by the Department in calendar year 1990. Except as | 7 | | otherwise provided, in In other calendar years, no more
than 13 | 8 | | Enterprise Zones may be certified by the Department.
In | 9 | | calendar year 2013, the Department may certify an additional 10 | 10 | | Enterprise Zones in counties with a population of less than | 11 | | 50,000. The Department may also designate up to 8 additional | 12 | | Enterprise Zones
outside the regular application cycle if | 13 | | warranted by the extreme economic
circumstances as determined | 14 | | by the Department. The Department may also
designate one | 15 | | additional Enterprise Zone outside the regular application
| 16 | | cycle if an aircraft manufacturer agrees to locate
an aircraft | 17 | | manufacturing facility in the proposed Enterprise Zone.
| 18 | | Notwithstanding any
other provision of this Act, no more than | 19 | | 89 Enterprise Zones may be
certified by the Department for the | 20 | | 10 calendar years commencing with 1983.
The 7 additional | 21 | | Enterprise Zones authorized by Public Act
86-15 shall not lie | 22 | | within municipalities or unincorporated areas of
counties that | 23 | | abut or are contiguous to Enterprise Zones certified pursuant
| 24 | | to this Section prior to June 30, 1989. The 7 additional | 25 | | Enterprise
Zones (excluding the additional Enterprise Zone | 26 | | which may be designated
outside the regular application cycle) |
| | | SB1593 | - 4 - | LRB098 07669 HLH 37742 b |
|
| 1 | | authorized by Public Act 86-1030
shall not lie within | 2 | | municipalities or unincorporated areas of counties
that abut or | 3 | | are contiguous to Enterprise Zones certified pursuant to this
| 4 | | Section prior to February 28, 1990. Beginning in calendar year | 5 | | 2004 and until
December 31, 2008, one additional enterprise | 6 | | zone may be certified by the
Department. In any calendar year, | 7 | | the
Department
may not certify more than 3 Zones located within | 8 | | the same municipality. The
Department may certify Enterprise | 9 | | Zones in each of the 10 calendar years
commencing with 1983. | 10 | | The Department may not certify more than a total of
18 | 11 | | Enterprise Zones located within the same county (whether within
| 12 | | municipalities or within unincorporated territory) for the 10 | 13 | | calendar years
commencing with 1983. Thereafter, the | 14 | | Department may not certify any
additional Enterprise Zones, but | 15 | | may amend and rescind certifications of
existing Enterprise | 16 | | Zones in accordance with Section 5.4.
| 17 | | (e) Notwithstanding any other provision of law, if (i) the | 18 | | county board of
any county in which a current military base is | 19 | | located, in part or in whole, or
in which a military
base that | 20 | | has been closed within 20 years of the effective date of this
| 21 | | amendatory Act of 1998 is located, in part or in whole, adopts | 22 | | a designating
ordinance in accordance with Section 5 of this | 23 | | Act to designate the military
base in that county as an | 24 | | enterprise zone and (ii) the property otherwise
meets the
| 25 | | qualifications for an enterprise zone as prescribed in Section | 26 | | 4 of this Act,
then the Department may certify the designating |
| | | SB1593 | - 5 - | LRB098 07669 HLH 37742 b |
|
| 1 | | ordinance or ordinances, as the
case may be.
| 2 | | (f) Applications for Enterprise Zones that are scheduled to | 3 | | expire in 2016, 2017, or 2018, including Enterprise Zones that | 4 | | have been extended until 2016 by this amendatory Act of the | 5 | | 97th General Assembly, shall be submitted to the Department no | 6 | | later than the date established by the Department by rule | 7 | | pursuant to Section 5.2. At that time, the Zone becomes | 8 | | available for either the previously designated area or a | 9 | | different area to compete for designation. No preference for | 10 | | designation as a Zone will be given to the previously | 11 | | designated area. | 12 | | For Enterprise Zones that are scheduled to expire on or | 13 | | after January 1, 2019, an application process shall begin 2 | 14 | | years prior to the year in which the Zone expires. At that | 15 | | time, the Zone becomes available for either the previously | 16 | | designated area or a different area to compete for designation. | 17 | | No preference for designation as a Zone will be given to the | 18 | | previously designated area. | 19 | | Each Enterprise Zone that reapplies for certification but | 20 | | does not receive a new certification shall expire on its | 21 | | scheduled termination date. | 22 | | (Source: P.A. 97-905, eff. 8-7-12.)
|
|