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91st General Assembly

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Public Act 91-0937

HB1991 Enrolled                                LRB9102146PTpk

    AN ACT to amend  the  Illinois  Enterprise  Zone  Act  by
changing Section 5.3.

    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and  may not be amended or repealed except in accordance with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  20
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.  In  Vermilion County, however, an enterprise zone shall
be in effect for 30 calendar years or for a lesser number  of
years specified in the certified designating ordinance.
    (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.  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. 90-657, eff. 7-30-98.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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