Bill Text: IL SB0571 | 2015-2016 | 99th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Energy Conservation and Coal Development Act. Makes a technical change in a Section concerning the evaluation of loan applications.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-07-22 - Public Act . . . . . . . . . 99-0615 [SB0571 Detail]
Download: Illinois-2015-SB0571-Engrossed.html
Bill Title: Amends the Energy Conservation and Coal Development Act. Makes a technical change in a Section concerning the evaluation of loan applications.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-07-22 - Public Act . . . . . . . . . 99-0615 [SB0571 Detail]
Download: Illinois-2015-SB0571-Engrossed.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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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 | ||||||
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.
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20 | (b) An Enterprise Zone shall be effective on the date of | ||||||
21 | the Department's January 1 of the first calendar year after | ||||||
22 | Department certification. The
Department shall transmit a copy | ||||||
23 | of the certification to the Department
of Revenue, and to the |
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1 | designating municipality or county.
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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.
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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.
Notwithstanding the foregoing, any | ||||||
12 | Enterprise Zone in existence on the effective date of this | ||||||
13 | amendatory Act of the 98th General Assembly that has a term of | ||||||
14 | 20 calendar years may be extended for an additional 10 calendar | ||||||
15 | years upon amendment of the designating ordinance by the | ||||||
16 | designating municipality or county and submission of the | ||||||
17 | ordinance to the Department. The amended ordinance must be | ||||||
18 | properly recorded in the Office of Recorder of Deeds of each | ||||||
19 | county in which the Enterprise Zone lies. Each Enterprise Zone | ||||||
20 | in existence on the effective date of this amendatory Act of | ||||||
21 | the 97th General Assembly that is scheduled to expire before | ||||||
22 | July 1, 2016 may have its termination date extended until July | ||||||
23 | 1, 2016 upon amendment of the designating ordinance by the | ||||||
24 | designating municipality or county extending the termination | ||||||
25 | date to July 1, 2016 and submission of the ordinance to the | ||||||
26 | Department. The amended ordinance must be properly recorded in |
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1 | the Office of Recorder of Deeds of each county in which the | ||||||
2 | Enterprise Zone lies. An Enterprise Zone designated on or after | ||||||
3 | the effective date of this amendatory Act of the 97th General | ||||||
4 | Assembly shall be in effect for a term of 15 calendar years, or | ||||||
5 | for a lesser number of years specified in the certified | ||||||
6 | designating ordinance. An enterprise zone designated on or | ||||||
7 | after the effective date of this amendatory Act of the 97th | ||||||
8 | General Assembly shall be subject to review by the Board after | ||||||
9 | 13 years for an additional 10-year designation beginning on the | ||||||
10 | expiration date of the enterprise zone. During the review | ||||||
11 | process, the Board shall consider the costs incurred by the | ||||||
12 | State and units of local government as a result of tax benefits | ||||||
13 | received by the enterprise zone. Enterprise Zones shall | ||||||
14 | terminate at midnight of December 31 of the final
calendar year | ||||||
15 | of the certified term, except as provided in Section 5.4.
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16 | (d) No more than 12 Enterprise Zones may be certified by | ||||||
17 | the Department
in calendar year 1984, no more than 12 | ||||||
18 | Enterprise Zones may be certified
by the Department in calendar | ||||||
19 | year 1985, no more than 13 Enterprise
Zones may be certified by | ||||||
20 | the Department in calendar year 1986, no
more than 15 | ||||||
21 | Enterprise Zones may be certified by the Department in
calendar | ||||||
22 | year 1987, and no more than 20 Enterprise Zones may be | ||||||
23 | certified
by the Department in calendar year 1990. In other | ||||||
24 | calendar years, no more
than 13 Enterprise Zones may be | ||||||
25 | certified by the Department.
The Department may also designate | ||||||
26 | up to 8 additional Enterprise Zones
outside the regular |
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1 | application cycle if warranted by the extreme economic
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2 | circumstances as determined by the Department. The Department | ||||||
3 | may also
designate one additional Enterprise Zone outside the | ||||||
4 | regular application
cycle if an aircraft manufacturer agrees to | ||||||
5 | locate
an aircraft manufacturing facility in the proposed | ||||||
6 | Enterprise Zone.
Notwithstanding any
other provision of this | ||||||
7 | Act, no more than 89 Enterprise Zones may be
certified by the | ||||||
8 | Department for the 10 calendar years commencing with 1983.
The | ||||||
9 | 7 additional Enterprise Zones authorized by Public Act
86-15 | ||||||
10 | shall not lie within municipalities or unincorporated areas of
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11 | counties that abut or are contiguous to Enterprise Zones | ||||||
12 | certified pursuant
to this Section prior to June 30, 1989. The | ||||||
13 | 7 additional Enterprise
Zones (excluding the additional | ||||||
14 | Enterprise Zone which may be designated
outside the regular | ||||||
15 | application cycle) authorized by Public Act 86-1030
shall not | ||||||
16 | lie within municipalities or unincorporated areas of counties
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17 | that abut or are contiguous to Enterprise Zones certified | ||||||
18 | pursuant to this
Section prior to February 28, 1990. Beginning | ||||||
19 | in calendar year 2004 and until
December 31, 2008, one | ||||||
20 | additional enterprise zone may be certified by the
Department. | ||||||
21 | In any calendar year, the
Department
may not certify more than | ||||||
22 | 3 Zones located within the same municipality. The
Department | ||||||
23 | may certify Enterprise Zones in each of the 10 calendar years
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24 | commencing with 1983. The Department may not certify more than | ||||||
25 | a total of
18 Enterprise Zones located within the same county | ||||||
26 | (whether within
municipalities or within unincorporated |
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1 | territory) for the 10 calendar years
commencing with 1983. | ||||||
2 | Thereafter, the Department may not certify any
additional | ||||||
3 | Enterprise Zones, but may amend and rescind certifications of
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4 | existing Enterprise Zones in accordance with Section 5.4.
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5 | (e) Notwithstanding any other provision of law, if (i) the | ||||||
6 | county board of
any county in which a current military base is | ||||||
7 | located, in part or in whole, or
in which a military
base that | ||||||
8 | has been closed within 20 years of the effective date of this
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9 | amendatory Act of 1998 is located, in part or in whole, adopts | ||||||
10 | a designating
ordinance in accordance with Section 5 of this | ||||||
11 | Act to designate the military
base in that county as an | ||||||
12 | enterprise zone and (ii) the property otherwise
meets the
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13 | qualifications for an enterprise zone as prescribed in Section | ||||||
14 | 4 of this Act,
then the Department may certify the designating | ||||||
15 | ordinance or ordinances, as the
case may be.
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16 | (f) Applications for Enterprise Zones that are scheduled to | ||||||
17 | expire in 2016, including Enterprise Zones that have been | ||||||
18 | extended until 2016 by this amendatory Act of the 97th General | ||||||
19 | Assembly, shall be submitted to the Department no later than | ||||||
20 | December 31, 2014. At that time, the Zone becomes available for | ||||||
21 | either the previously designated area or a different area to | ||||||
22 | compete for designation. No preference for designation as a | ||||||
23 | Zone will be given to the previously designated area. | ||||||
24 | For Enterprise Zones that are scheduled to expire on or | ||||||
25 | after January 1, 2017, an application process shall begin 3 2 | ||||||
26 | years prior to the year in which the Zone expires. At that |
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1 | time, the Zone becomes available for either the previously | ||||||
2 | designated area or a different area to compete for designation. | ||||||
3 | No preference for designation as a Zone will be given to the | ||||||
4 | previously designated area. | ||||||
5 | Each Enterprise Zone that reapplies for certification but | ||||||
6 | does not receive a new certification shall expire on its | ||||||
7 | scheduled termination date. | ||||||
8 | (Source: P.A. 97-905, eff. 8-7-12; 98-109, eff. 7-25-13.)
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