| ||||
| Public Act 099-0615 | ||||
| ||||
| ||||
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 | ||||
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may not be amended or repealed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 | ||
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. In other | ||
calendar years, no more
than 13 Enterprise Zones may be | ||
certified by the Department.
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 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 | ||
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 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. 97-905, eff. 8-7-12; 98-109, eff. 7-25-13.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||