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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_SB1542eng SB1542 Engrossed LRB9211061SMdv 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 5. 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Zone, the terms and 25 provisions of the designating ordinance shall be in effect, 26 and may not be amended or repealed except in accordance with 27 Section 5.4. 28 (c) An Enterprise Zone shall be in effect for 30 29 calendar years, or for a lesser number of years specified in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 SB1542 Engrossed -2- LRB9211061SMdv 1 year of the certified term, except as provided in Section 2 5.4.The Whiteside County/Carroll County Enterprise Zone,3however, solely with respect to industrial purposes and uses,4shall be in effect for 30 calendar years or for a lesser5number of years specified in the certified designating6ordinance.7 (d) No more than 12 Enterprise Zones may be certified by 8 the Department in calendar year 1984, no more than 12 9 Enterprise Zones may be certified by the Department in 10 calendar year 1985, no more than 13 Enterprise Zones may be 11 certified by the Department in calendar year 1986, no more 12 than 15 Enterprise Zones may be certified by the Department 13 in calendar year 1987, and no more than 20 Enterprise Zones 14 may be certified by the Department in calendar year 1990. In 15 other calendar years, no more than 13 Enterprise Zones may be 16 certified by the Department. The Department may also 17 designate up to 8 additional Enterprise Zones outside the 18 regular application cycle if warranted by the extreme 19 economic circumstances as determined by the Department. The 20 Department may also designate one additional Enterprise Zone 21 outside the regular application cycle if an aircraft 22 manufacturer agrees to locate an aircraft manufacturing 23 facility in the proposed Enterprise Zone. Notwithstanding any 24 other provision of this Act, no more than 89 Enterprise Zones 25 may be certified by the Department for the 10 calendar years 26 commencing with 1983. The 7 additional Enterprise Zones 27 authorized by Public Act 86-15 shall not lie within 28 municipalities or unincorporated areas of counties that abut 29 or are contiguous to Enterprise Zones certified pursuant to 30 this Section prior to June 30, 1989. The 7 additional 31 Enterprise Zones (excluding the additional Enterprise Zone 32 which may be designated outside the regular application 33 cycle) authorized by Public Act 86-1030 shall not lie within 34 municipalities or unincorporated areas of counties that abut SB1542 Engrossed -3- LRB9211061SMdv 1 or are contiguous to Enterprise Zones certified pursuant to 2 this Section prior to February 28, 1990. In any calendar 3 year, the Department may not certify more than 3 Zones 4 located within the same municipality. The Department may 5 certify Enterprise Zones in each of the 10 calendar years 6 commencing with 1983. The Department may not certify more 7 than a total of 18 Enterprise Zones located within the same 8 county (whether within municipalities or within 9 unincorporated territory) for the 10 calendar years 10 commencing with 1983. Thereafter, the Department may not 11 certify any additional Enterprise Zones, but may amend and 12 rescind certifications of existing Enterprise Zones in 13 accordance with Section 5.4. 14 (e) Notwithstanding any other provision of law, if (i) 15 the county board of any county in which a current military 16 base is located, in part or in whole, or in which a military 17 base that has been closed within 20 years of the effective 18 date of this amendatory Act of 1998 is located, in part or in 19 whole, adopts a designating ordinance in accordance with 20 Section 5 of this Act to designate the military base in that 21 county as an enterprise zone and (ii) the property otherwise 22 meets the qualifications for an enterprise zone as prescribed 23 in Section 4 of this Act, then the Department may certify the 24 designating ordinance or ordinances, as the case may be. 25 (Source: P.A. 91-567, eff. 8-14-99; 91-937, eff. 1-11-01; 26 92-16, eff. 6-28-01.) 27 Section 10. The Public Utilities Act is amended by 28 changing Section 9-222.1 as follows: 29 (220 ILCS 5/9-222.1) (from Ch. 111 2/3, par. 9-222.1) 30 Sec. 9-222.1. A business enterprise which is located 31 within an area designated by a county or municipality as an 32 enterprise zone pursuant to the Illinois Enterprise Zone Act SB1542 Engrossed -4- LRB9211061SMdv 1 or located in a federally designated Foreign Trade Zone or 2 Sub-Zone shall be exempt from the additional charges added to 3 the business enterprise's utility bills as a pass-on of 4 municipal and State utility taxes under Sections 9-221 and 5 9-222 of this Act, to the extent such charges are exempted by 6 ordinance adopted in accordance with paragraph (e) of Section 7 8-11-2 of the Illinois Municipal Code in the case of 8 municipal utility taxes, and to the extent such charges are 9 exempted by the percentage specified by the Department of 10 Commerce and Community Affairs in the case of State utility 11 taxes, provided such business enterprise meets the following 12 criteria: 13 (1) it either (i) makes investments which cause the 14 creation of a minimum of 200 full-time equivalent jobs in 15 Illinois; (ii) makes investments of at least $175,000,000 16 which cause the creation of a minimum of 150 full-time 17 equivalent jobs in Illinois; or (iii) makes investments 18 which cause the retention of a minimum of 1,000 full-time 19 jobs in Illinois; and 20 (2) it is either (i) located in an Enterprise Zone 21 established pursuant to the Illinois Enterprise Zone Act 22 or (ii) it is located in a federally designated Foreign 23 Trade Zone or Sub-Zone and is designated a High Impact 24 Business by the Department of Commerce and Community 25 Affairs; and 26 (3) it is certified by the Department of Commerce 27 and Community Affairs as complying with the requirements 28 specified in clauses (1) and (2) of this Section. 29 The Department of Commerce and Community Affairs shall 30 determine the period during which such exemption from the 31 charges imposed under Section 9-222 is in effect which shall 32 not exceed 3020years or the certified term of the 33 enterprise zone, whichever period is shorter, except in the34case of the Whiteside County/Carroll County Enterprise Zone,SB1542 Engrossed -5- LRB9211061SMdv 1where, solely with respect to industrial purposes and uses,2the exemption period shall not exceed 30 years, and shall3specify the percentage of the exemption from State utility4taxes. 5 The Department of Commerce and Community Affairs shall 6 have the power to promulgate rules and regulations to carry 7 out the provisions of this Section including procedures for 8 complying with the requirements specified in clauses (1) and 9 (2) of this Section and procedures for applying for the 10 exemptions authorized under this Section; to define the 11 amounts and types of eligible investments which business 12 enterprises must make in order to receive State utility tax 13 exemptions pursuant to Sections 9-222 and 9-222.1 of this 14 Act; to approve such utility tax exemptions for business 15 enterprises whose investments are not yet placed in service; 16 and to require that business enterprises granted tax 17 exemptions repay the exempted tax should the business 18 enterprise fail to comply with the terms and conditions of 19 the certification. However, no business enterprise shall be 20 required, as a condition for certification under clause (3) 21 of this Section, to attest that its decision to invest under 22 clause (1) of this Section and to locate under clause (2) of 23 this Section is predicated upon the availability of the 24 exemptions authorized by this Section. 25 A business enterprise shall be exempt, in whole or in 26 part, from the pass-on charges of municipal utility taxes 27 imposed under Section 9-221, only if it meets the criteria 28 specified in clauses (1) through (3) of this Section and the 29 municipality has adopted an ordinance authorizing the 30 exemption under paragraph (e) of Section 8-11-2 of the 31 Illinois Municipal Code. Upon certification of the business 32 enterprises by the Department of Commerce and Community 33 Affairs, the Department of Commerce and Community Affairs 34 shall notify the Department of Revenue of such certification. SB1542 Engrossed -6- LRB9211061SMdv 1 The Department of Revenue shall notify the public utilities 2 of the exemption status of business enterprises from the 3 pass-on charges of State and municipal utility taxes. Such 4 exemption status shall be effective within 3 months after 5 certification of the business enterprise. 6 (Source: P.A. 90-16, eff. 6-16-97; 91-567, eff. 8-14-99.)