Public Act 93-0436

SB133 Enrolled                       LRB093 06671 MKM 06805 b

    AN ACT concerning enterprise zones.

    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)  Approval  of  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 its approval.  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  shall  be  effective  upon its
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and may not be amended or repealed except in accordance  with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)  An  Enterprise  Zone  shall  be  in  effect  for  30
calendar  years, or for a lesser number of years specified in
the certified designating ordinance. 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.
(Source: P.A. 91-567, eff.  8-14-99;  91-937,  eff.  1-11-01;
92-16, eff. 6-28-01; 92-777, eff. 1-1-03.)

Effective Date: 1/1/2004