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91_HB2320enr
HB2320 Enrolled LRB9105011DHmg
1 AN ACT concerning enterprise zones.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Illinois Enterprise Zone Act is amended
5 by changing Section 5.3 as follows:
6 (20 ILCS 655/5.3) (from Ch. 67 1/2, par. 608)
7 Sec. 5.3. Certification of Enterprise Zones; Effective
8 date.
9 (a) Approval of designated Enterprise Zones shall be
10 made by the Department by certification of the designating
11 ordinance. The Department shall promptly issue a certificate
12 for each Enterprise Zone upon its approval. The certificate
13 shall be signed by the Director of the Department, shall make
14 specific reference to the designating ordinance, which shall
15 be attached thereto, and shall be filed in the office of the
16 Secretary of State. A certified copy of the Enterprise Zone
17 Certificate, or a duplicate original thereof, shall be
18 recorded in the office of recorder of deeds of the county in
19 which the Enterprise Zone lies.
20 (b) An Enterprise Zone shall be effective upon its
21 certification. The Department shall transmit a copy of the
22 certification to the Department of Revenue, and to the
23 designating municipality or county.
24 Upon certification of an Enterprise Zone, the terms and
25 provisions of the designating ordinance shall be in effect,
26 and may not be amended or repealed except in accordance with
27 Section 5.4.
28 (c) An Enterprise Zone shall be in effect for 20
29 calendar years, or for a lesser number of years specified in
30 the certified designating ordinance. Enterprise Zones shall
31 terminate at midnight of December 31 of the final calendar
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1 year of the certified term, except as provided in Section
2 5.4. In Vermilion County, however, an enterprise zone shall
3 be in effect for 30 calendar years or for a lesser number of
4 years specified in the certified designating ordinance. The
5 Whiteside County/Carroll County Enterprise Zone, however,
6 solely with respect to industrial purposes and uses, shall be
7 in effect for 30 calendar years or for a lesser number of
8 years specified in the certified designating ordinance.
9 (d) No more than 12 Enterprise Zones may be certified by
10 the Department in calendar year 1984, no more than 12
11 Enterprise Zones may be certified by the Department in
12 calendar year 1985, no more than 13 Enterprise Zones may be
13 certified by the Department in calendar year 1986, no more
14 than 15 Enterprise Zones may be certified by the Department
15 in calendar year 1987, and no more than 20 Enterprise Zones
16 may be certified by the Department in calendar year 1990. In
17 other calendar years, no more than 13 Enterprise Zones may be
18 certified by the Department. The Department may also
19 designate up to 8 additional Enterprise Zones outside the
20 regular application cycle if warranted by the extreme
21 economic circumstances as determined by the Department. The
22 Department may also designate one additional Enterprise Zone
23 outside the regular application cycle if an aircraft
24 manufacturer agrees to locate an aircraft manufacturing
25 facility in the proposed Enterprise Zone. Notwithstanding
26 any other provision of this Act, no more than 89 Enterprise
27 Zones may be certified by the Department for the 10 calendar
28 years commencing with 1983. The 7 additional Enterprise Zones
29 authorized by Public Act 86-15 shall not lie within
30 municipalities or unincorporated areas of counties that abut
31 or are contiguous to Enterprise Zones certified pursuant to
32 this Section prior to June 30, 1989. The 7 additional
33 Enterprise Zones (excluding the additional Enterprise Zone
34 which may be designated outside the regular application
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1 cycle) authorized by Public Act 86-1030 shall not lie within
2 municipalities or unincorporated areas of counties that abut
3 or are contiguous to Enterprise Zones certified pursuant to
4 this Section prior to February 28, 1990. In any calendar
5 year, the Department may not certify more than 3 Zones
6 located within the same municipality. The Department may
7 certify Enterprise Zones in each of the 10 calendar years
8 commencing with 1983. The Department may not certify more
9 than a total of 18 Enterprise Zones located within the same
10 county (whether within municipalities or within
11 unincorporated territory) for the 10 calendar years
12 commencing with 1983. Thereafter, the Department may not
13 certify any additional Enterprise Zones, but may amend and
14 rescind certifications of existing Enterprise Zones in
15 accordance with Section 5.4.
16 (e) Notwithstanding any other provision of law, if (i)
17 the county board of any county in which a current military
18 base is located, in part or in whole, or in which a military
19 base that has been closed within 20 years of the effective
20 date of this amendatory Act of 1998 is located, in part or in
21 whole, adopts a designating ordinance in accordance with
22 Section 5 of this Act to designate the military base in that
23 county as an enterprise zone and (ii) the property otherwise
24 meets the qualifications for an enterprise zone as prescribed
25 in Section 4 of this Act, then the Department may certify the
26 designating ordinance or ordinances, as the case may be.
27 (Source: P.A. 90-657, eff. 7-30-98.)
28 Section 5. The Southwestern Illinois Development
29 Authority Act is amended by changing Section 10 as follows:
30 (70 ILCS 520/10) (from Ch. 85, par. 6160)
31 Sec. 10. Enterprise Zone. The Authority may by ordinance
32 designate a portion of the territorial jurisdiction of the
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1 Authority for certification as an Enterprise Zone under the
2 Illinois Enterprise Zone Act in addition to any other
3 enterprise zones which may be created under that Act, which
4 area shall have all the privileges and rights of an
5 Enterprise Zone pursuant to the Illinois Enterprise Zone Act,
6 but which shall not be counted in determining the number of
7 Enterprise Zones to be created in any year pursuant to that
8 Act.
9 Prior to January 1, 1999, the Authority may by ordinance
10 designate a portion of the territorial jurisdiction of the
11 Authority located in the southeastern portion of Chouteau
12 Township and the southwestern portion of Edwardsville
13 Township along FAR 310 for certification as an Enterprise
14 Zone under the Illinois Enterprise Zone Act in addition to
15 any other enterprise zones which may be created under that
16 Act, which area shall have all the privileges and rights of
17 an Enterprise Zone under the Illinois Enterprise Zone Act,
18 but which shall not be counted in determining the number of
19 Enterprise Zones to be created in any year pursuant to that
20 Act.
21 Prior to January 1, 2000 the Authority may by ordinance
22 designate a portion of the territorial jurisdiction of the
23 Authority located in the townships of O'Fallon, Lebanon,
24 Mascoutah, and Shiloh Valley of the county of St. Clair for
25 certification as an Enterprise Zone under the Illinois
26 Enterprise Zone Act in addition to any other Enterprise Zones
27 which may be created under that Act. The area shall have all
28 the privileges and rights of an Enterprise Zone under the
29 Illinois Enterprise Zone Act but shall not be counted in
30 determining the number of Enterprise Zones to be created in
31 any year under that Act.
32 (Source: P.A. 90-5, eff. 3-19-97.)
33 Section 10. The Public Utilities Act is amended by
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1 changing Section 9-222.1 as follows:
2 (220 ILCS 5/9-222.1) (from Ch. 111 2/3, par. 9-222.1)
3 Sec. 9-222.1. A business enterprise which is located
4 within an area designated by a county or municipality as an
5 enterprise zone pursuant to the Illinois Enterprise Zone Act
6 or located in a federally designated Foreign Trade Zone or
7 Sub-Zone shall be exempt from the additional charges added to
8 the business enterprise's utility bills as a pass-on of
9 municipal and State utility taxes under Sections 9-221 and
10 9-222 of this Act, to the extent such charges are exempted by
11 ordinance adopted in accordance with paragraph (e) of Section
12 8-11-2 of the Illinois Municipal Code in the case of
13 municipal utility taxes, and to the extent such charges are
14 exempted by the percentage specified by the Department of
15 Commerce and Community Affairs in the case of State utility
16 taxes, provided such business enterprise meets the following
17 criteria:
18 (1) it either (i) makes investments which cause the
19 creation of a minimum of 200 full-time equivalent jobs in
20 Illinois; (ii) makes investments of at least $175,000,000
21 which cause the creation of a minimum of 150 full-time
22 equivalent jobs in Illinois; or (iii) makes investments
23 which cause the retention of a minimum of 1,000 full-time
24 jobs in Illinois; and
25 (2) it is either (i) located in an Enterprise Zone
26 established pursuant to the Illinois Enterprise Zone Act
27 or (ii) it is located in a federally designated Foreign
28 Trade Zone or Sub-Zone and is designated a High Impact
29 Business by the Department of Commerce and Community
30 Affairs; and
31 (3) it is certified by the Department of Commerce
32 and Community Affairs as complying with the requirements
33 specified in clauses (1) and (2) of this Section.
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1 The Department of Commerce and Community Affairs shall
2 determine the period during which such exemption from the
3 charges imposed under Section 9-222 is in effect which shall
4 not exceed 20 years, except in the case of the Whiteside
5 County/Carroll County Enterprise Zone, where, solely with
6 respect to industrial purposes and uses, the exemption period
7 shall not exceed 30 years, and shall specify the percentage
8 of the exemption from State utility taxes.
9 The Department of Commerce and Community Affairs shall
10 have the power to promulgate rules and regulations to carry
11 out the provisions of this Section including procedures for
12 complying with the requirements specified in clauses (1) and
13 (2) of this Section and procedures for applying for the
14 exemptions authorized under this Section; to define the
15 amounts and types of eligible investments which business
16 enterprises must make in order to receive State utility tax
17 exemptions pursuant to Sections 9-222 and 9-222.1 of this
18 Act; to approve such utility tax exemptions for business
19 enterprises whose investments are not yet placed in service;
20 and to require that business enterprises granted tax
21 exemptions repay the exempted tax should the business
22 enterprise fail to comply with the terms and conditions of
23 the certification. However, no business enterprise shall be
24 required, as a condition for certification under clause (3)
25 of this Section, to attest that its decision to invest under
26 clause (1) of this Section and to locate under clause (2) of
27 this Section is predicated upon the availability of the
28 exemptions authorized by this Section.
29 A business enterprise shall be exempt, in whole or in
30 part, from the pass-on charges of municipal utility taxes
31 imposed under Section 9-221, only if it meets the criteria
32 specified in clauses (1) through (3) of this Section and the
33 municipality has adopted an ordinance authorizing the
34 exemption under paragraph (e) of Section 8-11-2 of the
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1 Illinois Municipal Code. Upon certification of the business
2 enterprises by the Department of Commerce and Community
3 Affairs, the Department of Commerce and Community Affairs
4 shall notify the Department of Revenue of such certification.
5 The Department of Revenue shall notify the public utilities
6 of the exemption status of business enterprises from the
7 pass-on charges of State and municipal utility taxes. Such
8 exemption status shall be effective within 3 months after
9 certification of the business enterprise.
10 (Source: P.A. 90-16, eff. 6-16-97.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.
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