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| [ Introduced ] | [ Engrossed ] | [ House Amendment 003 ] |
| [ Senate Amendment 004 ] |
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Zone, the terms and 25 provisions of the designating ordinance shall be in effect, 26 and may not be amended or repealed except in accordance with 27 Section 5.4. 28 (c) An Enterprise Zone shall be in effect for 20 29 calendar years, or for a lesser number of years specified in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 HB2320 Enrolled -2- LRB9105011DHmg 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 HB2320 Enrolled -3- LRB9105011DHmg 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 HB2320 Enrolled -4- LRB9105011DHmg 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 HB2320 Enrolled -5- LRB9105011DHmg 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. HB2320 Enrolled -6- LRB9105011DHmg 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 HB2320 Enrolled -7- LRB9105011DHmg 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.