Bill Text: IL HB2359 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB2359 Detail]

Download: Illinois-2017-HB2359-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2359 Introduced , by Rep. Avery Bourne 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 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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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Enterprise Zone Act is amended by
changing Section 5.3 as follows:
(20 ILCS 655/5.3) (from Ch. 67 1/2, par. 608)
Sec. 5.3. Certification of Enterprise Zones; effective
date.
(a) Certification of Board-approved designated Enterprise
Zones shall be made by the Department by certification of the
designating ordinance. The Department shall promptly issue a
certificate for each Enterprise Zone upon approval by the
Board. The certificate shall be signed by the Director of the
Department, shall make specific reference to the designating
ordinance, which shall be attached thereto, and shall be filed
in the office of the Secretary of State. A certified copy of
the Enterprise Zone Certificate, or a duplicate original
thereof, shall be recorded in the office of recorder of deeds
of the county in which the Enterprise Zone lies.
(b) An Enterprise Zone certified prior to January 1, 2016
or on or after January 1, 2017 shall be effective on January 1
of the first calendar year after Department certification. An
Enterprise Zone certified on or after January 1, 2016 and on or

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before December 31, 2016 shall be effective on the date of the
Department's certification. The Department shall transmit a
copy of the certification to the Department of Revenue, and to
the designating municipality or county.
Upon certification of an Enterprise Zone, the terms and
provisions of the designating ordinance shall be in effect, and
may not be amended or repealed except in accordance with
Section 5.4.
(c) With the exception of Enterprise Zones scheduled to
expire before December 31, 2018, an Enterprise Zone designated
before the effective date of this amendatory Act of the 97th
General Assembly shall be in effect for 30 calendar years, or
for a lesser number of years specified in the certified
designating ordinance. Notwithstanding the foregoing, any
Enterprise Zone in existence on the effective date of this
amendatory Act of the 98th General Assembly that has a term of
20 calendar years may be extended for an additional 10 calendar
years upon amendment of the designating ordinance by the
designating municipality or county and submission of the
ordinance to the Department. The amended ordinance must be
properly recorded in the Office of Recorder of Deeds of each
county in which the Enterprise Zone lies. Each Enterprise Zone
in existence on the effective date of this amendatory Act of
the 97th General Assembly that is scheduled to expire before
July 1, 2016 may have its termination date extended until July
1, 2016 upon amendment of the designating ordinance by the

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designating municipality or county extending the termination
date to July 1, 2016 and submission of the ordinance to the
Department. The amended ordinance must be properly recorded in
the Office of Recorder of Deeds of each county in which the
Enterprise Zone lies. An Enterprise Zone designated on or after
the effective date of this amendatory Act of the 97th General
Assembly shall be in effect for a term of 15 calendar years, or
for a lesser number of years specified in the certified
designating ordinance. An enterprise zone designated on or
after the effective date of this amendatory Act of the 97th
General Assembly shall be subject to review by the Board after
13 years for an additional 10-year designation beginning on the
expiration date of the enterprise zone. During the review
process, the Board shall consider the costs incurred by the
State and units of local government as a result of tax benefits
received by the enterprise zone. Enterprise Zones shall
terminate at midnight of December 31 of the final calendar year
of the certified term, except as provided in Section 5.4.
(d) No more than 12 Enterprise Zones may be certified by
the Department in calendar year 1984, no more than 12
Enterprise Zones may be certified by the Department in calendar
year 1985, no more than 13 Enterprise Zones may be certified by
the Department in calendar year 1986, no more than 15
Enterprise Zones may be certified by the Department in calendar
year 1987, and no more than 20 Enterprise Zones may be
certified by the Department in calendar year 1990. Except as

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otherwise provided, in In other calendar years, no more than 13
Enterprise Zones may be certified by the Department. In
calendar year 2017, the Department may certify an additional 25
Enterprise Zones. The Department may also designate up to 8
additional Enterprise Zones outside the regular application
cycle if warranted by the extreme economic circumstances as
determined by the Department. The Department may also designate
one additional Enterprise Zone outside the regular application
cycle if an aircraft manufacturer agrees to locate an aircraft
manufacturing facility in the proposed Enterprise Zone.
Notwithstanding any other provision of this Act, no more than
89 Enterprise Zones may be certified by the Department for the
10 calendar years commencing with 1983. The 7 additional
Enterprise Zones authorized by Public Act 86-15 shall not lie
within municipalities or unincorporated areas of counties that
abut or are contiguous to Enterprise Zones certified pursuant
to this Section prior to June 30, 1989. The 7 additional
Enterprise Zones (excluding the additional Enterprise Zone
which may be designated outside the regular application cycle)
authorized by Public Act 86-1030 shall not lie within
municipalities or unincorporated areas of counties that abut or
are contiguous to Enterprise Zones certified pursuant to this
Section prior to February 28, 1990. Beginning in calendar year
2004 and until December 31, 2008, one additional enterprise
zone may be certified by the Department. In any calendar year,
the Department may not certify more than 3 Zones located within

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the same municipality. The Department may certify Enterprise
Zones in each of the 10 calendar years commencing with 1983.
The Department may not certify more than a total of 18
Enterprise Zones located within the same county (whether within
municipalities or within unincorporated territory) for the 10
calendar years commencing with 1983. Thereafter, the
Department may not certify any additional Enterprise Zones, but
may amend and rescind certifications of existing Enterprise
Zones in accordance with Section 5.4.
(e) Notwithstanding any other provision of law, if (i) the
county board of any county in which a current military base is
located, in part or in whole, or in which a military base that
has been closed within 20 years of the effective date of this
amendatory Act of 1998 is located, in part or in whole, adopts
a designating ordinance in accordance with Section 5 of this
Act to designate the military base in that county as an
enterprise zone and (ii) the property otherwise meets the
qualifications for an enterprise zone as prescribed in Section
4 of this Act, then the Department may certify the designating
ordinance or ordinances, as the case may be.
(f) Applications for Enterprise Zones that are scheduled to
expire in 2016, including Enterprise Zones that have been
extended until 2016 by this amendatory Act of the 97th General
Assembly, shall be submitted to the Department no later than
December 31, 2014. At that time, the Zone becomes available for
either the previously designated area or a different area to

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compete for designation. No preference for designation as a
Zone will be given to the previously designated area.
For Enterprise Zones that are scheduled to expire on or
after January 1, 2017, an application process shall begin 5 2
years prior to the year in which the Zone expires. At that
time, the Zone becomes available for either the previously
designated area or a different area to compete for designation.
No preference for designation as a Zone will be given to the
previously designated area.
Each Enterprise Zone that reapplies for certification but
does not receive a new certification shall expire on its
scheduled termination date.
(Source: P.A. 98-109, eff. 7-25-13; 99-615, eff. 7-22-16.)
Section 99. Effective date. This Act takes effect upon
becoming law.