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and may not be amended or repealed except in accordance with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.)