Full Text of HB2359 100th General Assembly
HB2359 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2359 Introduced , by Rep. Avery Bourne 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, in calendar year 2017, the Department of Commerce and Economic Opportunity may certify an additional 25 Enterprise Zones. Provides that for Enterprise Zones scheduled to expire after January 1, 2017, the application process shall begin 5 years (currently, 2 years) prior to the year in which the Zone expires. Effective immediately.
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| 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 certified prior to January 1, 2016 | 21 | | or on or after January 1, 2017 shall be effective on January 1 | 22 | | of the first calendar year after Department certification. An | 23 | | Enterprise Zone certified on or after January 1, 2016 and on or |
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| 1 | | before December 31, 2016 shall be effective on the date of the | 2 | | Department's certification. The
Department shall transmit a | 3 | | copy of the certification to the Department
of Revenue, and to | 4 | | the designating municipality or county.
| 5 | | Upon certification of an Enterprise Zone, the terms and | 6 | | provisions of the
designating ordinance shall be in effect, and | 7 | | may not be amended or repealed
except in accordance with | 8 | | Section 5.4.
| 9 | | (c) With the exception of Enterprise Zones scheduled to | 10 | | expire before December 31, 2018, an Enterprise Zone designated | 11 | | before the effective date of this amendatory Act of the 97th | 12 | | General Assembly shall be in effect for 30 calendar years, or | 13 | | for
a lesser number of years specified in the certified | 14 | | designating ordinance.
Notwithstanding the foregoing, any | 15 | | Enterprise Zone in existence on the effective date of this | 16 | | amendatory Act of the 98th General Assembly that has a term of | 17 | | 20 calendar years may be extended for an additional 10 calendar | 18 | | years upon amendment of the designating ordinance by the | 19 | | designating municipality or county and submission of the | 20 | | ordinance to the Department. The amended ordinance must be | 21 | | properly recorded in the Office of Recorder of Deeds of each | 22 | | county in which the Enterprise Zone lies. Each Enterprise Zone | 23 | | in existence on the effective date of this amendatory Act of | 24 | | the 97th General Assembly that is scheduled to expire before | 25 | | July 1, 2016 may have its termination date extended until July | 26 | | 1, 2016 upon amendment of the designating ordinance by the |
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| 1 | | designating municipality or county extending the termination | 2 | | date to July 1, 2016 and submission of the ordinance to the | 3 | | Department. The amended ordinance must be properly recorded in | 4 | | the Office of Recorder of Deeds of each county in which the | 5 | | Enterprise Zone lies. An Enterprise Zone designated on or after | 6 | | the effective date of this amendatory Act of the 97th General | 7 | | Assembly shall be in effect for a term of 15 calendar years, or | 8 | | for a lesser number of years specified in the certified | 9 | | designating ordinance. An enterprise zone designated on or | 10 | | after the effective date of this amendatory Act of the 97th | 11 | | General Assembly shall be subject to review by the Board after | 12 | | 13 years for an additional 10-year designation beginning on the | 13 | | expiration date of the enterprise zone. During the review | 14 | | process, the Board shall consider the costs incurred by the | 15 | | State and units of local government as a result of tax benefits | 16 | | received by the enterprise zone. Enterprise Zones shall | 17 | | terminate at midnight of December 31 of the final
calendar year | 18 | | of the certified term, except as provided in Section 5.4.
| 19 | | (d) No more than 12 Enterprise Zones may be certified by | 20 | | the Department
in calendar year 1984, no more than 12 | 21 | | Enterprise Zones may be certified
by the Department in calendar | 22 | | year 1985, no more than 13 Enterprise
Zones may be certified by | 23 | | the Department in calendar year 1986, no
more than 15 | 24 | | Enterprise Zones may be certified by the Department in
calendar | 25 | | year 1987, and no more than 20 Enterprise Zones may be | 26 | | certified
by the Department in calendar year 1990. Except as |
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| 1 | | otherwise provided, in In other calendar years, no more
than 13 | 2 | | Enterprise Zones may be certified by the Department.
In | 3 | | calendar year 2017, the Department may certify an additional 25 | 4 | | Enterprise Zones. The Department may also designate up to 8 | 5 | | additional Enterprise Zones
outside the regular application | 6 | | cycle if warranted by the extreme economic
circumstances as | 7 | | determined by the Department. The Department may also
designate | 8 | | one additional Enterprise Zone outside the regular application
| 9 | | cycle if an aircraft manufacturer agrees to locate
an aircraft | 10 | | manufacturing facility in the proposed Enterprise Zone.
| 11 | | Notwithstanding any
other provision of this Act, no more than | 12 | | 89 Enterprise Zones may be
certified by the Department for the | 13 | | 10 calendar years commencing with 1983.
The 7 additional | 14 | | Enterprise Zones authorized by Public Act
86-15 shall not lie | 15 | | within municipalities or unincorporated areas of
counties that | 16 | | abut or are contiguous to Enterprise Zones certified pursuant
| 17 | | to this Section prior to June 30, 1989. The 7 additional | 18 | | Enterprise
Zones (excluding the additional Enterprise Zone | 19 | | which may be designated
outside the regular application cycle) | 20 | | authorized by Public Act 86-1030
shall not lie within | 21 | | municipalities or unincorporated areas of counties
that abut or | 22 | | are contiguous to Enterprise Zones certified pursuant to this
| 23 | | Section prior to February 28, 1990. Beginning in calendar year | 24 | | 2004 and until
December 31, 2008, one additional enterprise | 25 | | zone may be certified by the
Department. In any calendar year, | 26 | | the
Department
may not certify more than 3 Zones located within |
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| 1 | | the same municipality. The
Department may certify Enterprise | 2 | | Zones in each of the 10 calendar years
commencing with 1983. | 3 | | The Department may not certify more than a total of
18 | 4 | | Enterprise Zones located within the same county (whether within
| 5 | | municipalities or within unincorporated territory) for the 10 | 6 | | calendar years
commencing with 1983. Thereafter, the | 7 | | Department may not certify any
additional Enterprise Zones, but | 8 | | may amend and rescind certifications of
existing Enterprise | 9 | | Zones in accordance with Section 5.4.
| 10 | | (e) Notwithstanding any other provision of law, if (i) the | 11 | | county board of
any county in which a current military base is | 12 | | located, in part or in whole, or
in which a military
base that | 13 | | has been closed within 20 years of the effective date of this
| 14 | | amendatory Act of 1998 is located, in part or in whole, adopts | 15 | | a designating
ordinance in accordance with Section 5 of this | 16 | | Act to designate the military
base in that county as an | 17 | | enterprise zone and (ii) the property otherwise
meets the
| 18 | | qualifications for an enterprise zone as prescribed in Section | 19 | | 4 of this Act,
then the Department may certify the designating | 20 | | ordinance or ordinances, as the
case may be.
| 21 | | (f) Applications for Enterprise Zones that are scheduled to | 22 | | expire in 2016, including Enterprise Zones that have been | 23 | | extended until 2016 by this amendatory Act of the 97th General | 24 | | Assembly, shall be submitted to the Department no later than | 25 | | December 31, 2014. At that time, the Zone becomes available for | 26 | | either the previously designated area or a different area to |
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| 1 | | compete for designation. No preference for designation as a | 2 | | Zone will be given to the previously designated area. | 3 | | For Enterprise Zones that are scheduled to expire on or | 4 | | after January 1, 2017, an application process shall begin 5 2 | 5 | | years prior to the year in which the Zone expires. At that | 6 | | time, the Zone becomes available for either the previously | 7 | | designated area or a different area to compete for designation. | 8 | | No preference for designation as a Zone will be given to the | 9 | | previously designated area. | 10 | | Each Enterprise Zone that reapplies for certification but | 11 | | does not receive a new certification shall expire on its | 12 | | scheduled termination date. | 13 | | (Source: P.A. 98-109, eff. 7-25-13; 99-615, eff. 7-22-16.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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