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Public Act 92-0777
SB1542 Enrolled LRB9211061SMdv
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and may not be amended or repealed except in accordance with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. The Whiteside County/Carroll County Enterprise Zone,
however, solely with respect to industrial purposes and uses,
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. 91-567, eff. 8-14-99; 91-937, eff. 1-11-01;
92-16, eff. 6-28-01.)
Section 10. The Public Utilities Act is amended by
changing Section 9-222.1 as follows:
(220 ILCS 5/9-222.1) (from Ch. 111 2/3, par. 9-222.1)
Sec. 9-222.1. A business enterprise which is located
within an area designated by a county or municipality as an
enterprise zone pursuant to the Illinois Enterprise Zone Act
or located in a federally designated Foreign Trade Zone or
Sub-Zone shall be exempt from the additional charges added to
the business enterprise's utility bills as a pass-on of
municipal and State utility taxes under Sections 9-221 and
9-222 of this Act, to the extent such charges are exempted by
ordinance adopted in accordance with paragraph (e) of Section
8-11-2 of the Illinois Municipal Code in the case of
municipal utility taxes, and to the extent such charges are
exempted by the percentage specified by the Department of
Commerce and Community Affairs in the case of State utility
taxes, provided such business enterprise meets the following
criteria:
(1) it either (i) makes investments which cause the
creation of a minimum of 200 full-time equivalent jobs in
Illinois; (ii) makes investments of at least $175,000,000
which cause the creation of a minimum of 150 full-time
equivalent jobs in Illinois; or (iii) makes investments
which cause the retention of a minimum of 1,000 full-time
jobs in Illinois; and
(2) it is either (i) located in an Enterprise Zone
established pursuant to the Illinois Enterprise Zone Act
or (ii) it is located in a federally designated Foreign
Trade Zone or Sub-Zone and is designated a High Impact
Business by the Department of Commerce and Community
Affairs; and
(3) it is certified by the Department of Commerce
and Community Affairs as complying with the requirements
specified in clauses (1) and (2) of this Section.
The Department of Commerce and Community Affairs shall
determine the period during which such exemption from the
charges imposed under Section 9-222 is in effect which shall
not exceed 30 20 years or the certified term of the
enterprise zone, whichever period is shorter, except in the
case of the Whiteside County/Carroll County Enterprise Zone,
where, solely with respect to industrial purposes and uses,
the exemption period shall not exceed 30 years, and shall
specify the percentage of the exemption from State utility
taxes.
The Department of Commerce and Community Affairs shall
have the power to promulgate rules and regulations to carry
out the provisions of this Section including procedures for
complying with the requirements specified in clauses (1) and
(2) of this Section and procedures for applying for the
exemptions authorized under this Section; to define the
amounts and types of eligible investments which business
enterprises must make in order to receive State utility tax
exemptions pursuant to Sections 9-222 and 9-222.1 of this
Act; to approve such utility tax exemptions for business
enterprises whose investments are not yet placed in service;
and to require that business enterprises granted tax
exemptions repay the exempted tax should the business
enterprise fail to comply with the terms and conditions of
the certification. However, no business enterprise shall be
required, as a condition for certification under clause (3)
of this Section, to attest that its decision to invest under
clause (1) of this Section and to locate under clause (2) of
this Section is predicated upon the availability of the
exemptions authorized by this Section.
A business enterprise shall be exempt, in whole or in
part, from the pass-on charges of municipal utility taxes
imposed under Section 9-221, only if it meets the criteria
specified in clauses (1) through (3) of this Section and the
municipality has adopted an ordinance authorizing the
exemption under paragraph (e) of Section 8-11-2 of the
Illinois Municipal Code. Upon certification of the business
enterprises by the Department of Commerce and Community
Affairs, the Department of Commerce and Community Affairs
shall notify the Department of Revenue of such certification.
The Department of Revenue shall notify the public utilities
of the exemption status of business enterprises from the
pass-on charges of State and municipal utility taxes. Such
exemption status shall be effective within 3 months after
certification of the business enterprise.
(Source: P.A. 90-16, eff. 6-16-97; 91-567, eff. 8-14-99.)
Passed in the General Assembly May 29, 2002.
Approved August 06, 2002.
Effective January 01, 2003.
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