Bill Amendment: IL SB0571 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ENTERPRISE ZONES-APPLICATION
Status: 2016-07-22 - Public Act . . . . . . . . . 99-0615 [SB0571 Detail]
Download: Illinois-2015-SB0571-House_Amendment_001.html
Bill Title: ENTERPRISE ZONES-APPLICATION
Status: 2016-07-22 - Public Act . . . . . . . . . 99-0615 [SB0571 Detail]
Download: Illinois-2015-SB0571-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 571
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2 | AMENDMENT NO. ______. Amend Senate Bill 571 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Enterprise Zone Act is amended by | ||||||
5 | changing Section 5.3 as follows:
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6 | (20 ILCS 655/5.3) (from Ch. 67 1/2, par. 608)
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7 | Sec. 5.3. Certification of Enterprise Zones; Effective | ||||||
8 | date.
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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
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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 |
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1 | the Enterprise Zone Certificate, or
a duplicate original | ||||||
2 | thereof, shall be recorded in the office of recorder
of deeds | ||||||
3 | of the county in which the Enterprise Zone lies.
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4 | (b) If an Enterprise Zone expires prior to July 1, 2016, | ||||||
5 | then that An Enterprise Zone shall be effective on January 1 of | ||||||
6 | the first calendar year after Department certification. If an | ||||||
7 | Enterprise Zone expires on July 1, 2016, and a new Enterprise | ||||||
8 | Zone that includes territory from the expired Enterprise Zone | ||||||
9 | is certified by the Department on or after July 1, 2016 but | ||||||
10 | prior to September 30, 2016, then that Enterprise Zone shall be | ||||||
11 | effective on July 1, 2016. If an Enterprise Zone expires after | ||||||
12 | July 1, 2016, then that Enterprise Zone shall be effective on | ||||||
13 | the date of certification by the Department. The
Department | ||||||
14 | shall transmit a copy of the certification to the Department
of | ||||||
15 | Revenue, and to the designating municipality or county.
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16 | Upon certification of an Enterprise Zone, the terms and | ||||||
17 | provisions of the
designating ordinance shall be in effect, and | ||||||
18 | may not be amended or repealed
except in accordance with | ||||||
19 | Section 5.4.
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20 | (c) With the exception of Enterprise Zones scheduled to | ||||||
21 | expire before December 31, 2018, an Enterprise Zone designated | ||||||
22 | before the effective date of this amendatory Act of the 97th | ||||||
23 | General Assembly shall be in effect for 30 calendar years, or | ||||||
24 | for
a lesser number of years specified in the certified | ||||||
25 | designating ordinance.
Notwithstanding the foregoing, any | ||||||
26 | Enterprise Zone in existence on the effective date of this |
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1 | amendatory Act of the 98th General Assembly that has a term of | ||||||
2 | 20 calendar years may be extended for an additional 10 calendar | ||||||
3 | years upon amendment of the designating ordinance by the | ||||||
4 | designating municipality or county and submission of the | ||||||
5 | ordinance to the Department. The amended ordinance must be | ||||||
6 | properly recorded in the Office of Recorder of Deeds of each | ||||||
7 | county in which the Enterprise Zone lies. Each Enterprise Zone | ||||||
8 | in existence on the effective date of this amendatory Act of | ||||||
9 | the 97th General Assembly that is scheduled to expire before | ||||||
10 | July 1, 2016 may have its termination date extended until July | ||||||
11 | 1, 2016 upon amendment of the designating ordinance by the | ||||||
12 | designating municipality or county extending the termination | ||||||
13 | date to July 1, 2016 and submission of the ordinance to the | ||||||
14 | Department. The amended ordinance must be properly recorded in | ||||||
15 | the Office of Recorder of Deeds of each county in which the | ||||||
16 | Enterprise Zone lies. An Enterprise Zone designated on or after | ||||||
17 | the effective date of this amendatory Act of the 97th General | ||||||
18 | Assembly shall be in effect for a term of 15 calendar years, or | ||||||
19 | for a lesser number of years specified in the certified | ||||||
20 | designating ordinance. An enterprise zone designated on or | ||||||
21 | after the effective date of this amendatory Act of the 97th | ||||||
22 | General Assembly shall be subject to review by the Board after | ||||||
23 | 13 years for an additional 10-year designation beginning on the | ||||||
24 | expiration date of the enterprise zone. During the review | ||||||
25 | process, the Board shall consider the costs incurred by the | ||||||
26 | State and units of local government as a result of tax benefits |
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1 | received by the enterprise zone. Enterprise Zones shall | ||||||
2 | terminate at midnight of December 31 of the final
calendar year | ||||||
3 | of the certified term, except as provided in Section 5.4.
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4 | (d) No more than 12 Enterprise Zones may be certified by | ||||||
5 | the Department
in calendar year 1984, no more than 12 | ||||||
6 | Enterprise Zones may be certified
by the Department in calendar | ||||||
7 | year 1985, no more than 13 Enterprise
Zones may be certified by | ||||||
8 | the Department in calendar year 1986, no
more than 15 | ||||||
9 | Enterprise Zones may be certified by the Department in
calendar | ||||||
10 | year 1987, and no more than 20 Enterprise Zones may be | ||||||
11 | certified
by the Department in calendar year 1990. In other | ||||||
12 | calendar years, no more
than 13 Enterprise Zones may be | ||||||
13 | certified by the Department.
The Department may also designate | ||||||
14 | up to 8 additional Enterprise Zones
outside the regular | ||||||
15 | application cycle if warranted by the extreme economic
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16 | circumstances as determined by the Department. The Department | ||||||
17 | may also
designate one additional Enterprise Zone outside the | ||||||
18 | regular application
cycle if an aircraft manufacturer agrees to | ||||||
19 | locate
an aircraft manufacturing facility in the proposed | ||||||
20 | Enterprise Zone.
Notwithstanding any
other provision of this | ||||||
21 | Act, no more than 89 Enterprise Zones may be
certified by the | ||||||
22 | Department for the 10 calendar years commencing with 1983.
The | ||||||
23 | 7 additional Enterprise Zones authorized by Public Act
86-15 | ||||||
24 | shall not lie within municipalities or unincorporated areas of
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25 | counties that abut or are contiguous to Enterprise Zones | ||||||
26 | certified pursuant
to this Section prior to June 30, 1989. The |
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1 | 7 additional Enterprise
Zones (excluding the additional | ||||||
2 | Enterprise Zone which may be designated
outside the regular | ||||||
3 | application cycle) authorized by Public Act 86-1030
shall not | ||||||
4 | lie within municipalities or unincorporated areas of counties
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5 | that abut or are contiguous to Enterprise Zones certified | ||||||
6 | pursuant to this
Section prior to February 28, 1990. Beginning | ||||||
7 | in calendar year 2004 and until
December 31, 2008, one | ||||||
8 | additional enterprise zone may be certified by the
Department. | ||||||
9 | In any calendar year, the
Department
may not certify more than | ||||||
10 | 3 Zones located within the same municipality. The
Department | ||||||
11 | may certify Enterprise Zones in each of the 10 calendar years
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12 | commencing with 1983. The Department may not certify more than | ||||||
13 | a total of
18 Enterprise Zones located within the same county | ||||||
14 | (whether within
municipalities or within unincorporated | ||||||
15 | territory) for the 10 calendar years
commencing with 1983. | ||||||
16 | Thereafter, the Department may not certify any
additional | ||||||
17 | Enterprise Zones, but may amend and rescind certifications of
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18 | existing Enterprise Zones in accordance with Section 5.4.
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19 | (e) Notwithstanding any other provision of law, if (i) the | ||||||
20 | county board of
any county in which a current military base is | ||||||
21 | located, in part or in whole, or
in which a military
base that | ||||||
22 | has been closed within 20 years of the effective date of this
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23 | amendatory Act of 1998 is located, in part or in whole, adopts | ||||||
24 | a designating
ordinance in accordance with Section 5 of this | ||||||
25 | Act to designate the military
base in that county as an | ||||||
26 | enterprise zone and (ii) the property otherwise
meets the
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1 | qualifications for an enterprise zone as prescribed in Section | ||||||
2 | 4 of this Act,
then the Department may certify the designating | ||||||
3 | ordinance or ordinances, as the
case may be.
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4 | (f) Applications for Enterprise Zones that are scheduled to | ||||||
5 | expire in 2016, including Enterprise Zones that have been | ||||||
6 | extended until 2016 by this amendatory Act of the 97th General | ||||||
7 | Assembly, shall be submitted to the Department no later than | ||||||
8 | December 31, 2014. At that time, the Zone becomes available for | ||||||
9 | either the previously designated area or a different area to | ||||||
10 | compete for designation. No preference for designation as a | ||||||
11 | Zone will be given to the previously designated area. | ||||||
12 | For Enterprise Zones that are scheduled to expire on or | ||||||
13 | after January 1, 2017, an application process shall begin 3 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; 98-109, eff. 7-25-13.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.".
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