State of Illinois
91st General Assembly
Legislation

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91_HB1991enr

 
HB1991 Enrolled                                LRB9102146PTpk

 1        AN ACT to amend  the  Illinois  Enterprise  Zone  Act  by
 2    changing Section 5.3.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Illinois Enterprise Zone Act  is  amended
 6    by changing Section 5.3 as follows:

 7        (20 ILCS 655/5.3) (from Ch. 67 1/2, par. 608)
 8        Sec.  5.3.  Certification  of Enterprise Zones; Effective
 9    date.
10        (a)  Approval of designated  Enterprise  Zones  shall  be
11    made  by  the  Department by certification of the designating
12    ordinance. The Department shall promptly issue a  certificate
13    for  each  Enterprise Zone upon its approval. The certificate
14    shall be signed by the Director of the Department, shall make
15    specific reference to the designating ordinance, which  shall
16    be  attached thereto, and shall be filed in the office of the
17    Secretary of State. A certified copy of the  Enterprise  Zone
18    Certificate,  or  a  duplicate  original  thereof,  shall  be
19    recorded  in the office of recorder of deeds of the county in
20    which the Enterprise Zone lies.
21        (b)  An Enterprise  Zone  shall  be  effective  upon  its
22    certification.  The  Department  shall transmit a copy of the
23    certification to  the  Department  of  Revenue,  and  to  the
24    designating municipality or county.
25        Upon  certification  of an Enterprise Zone, the terms and
26    provisions of the designating ordinance shall be  in  effect,
27    and  may not be amended or repealed except in accordance with
28    Section 5.4.
29        (c)  An Enterprise Zone shall be  in  effect  for  30  20
30    calendar  years, or for a lesser number of years specified in
31    the certified designating ordinance. Enterprise  Zones  shall
 
HB1991 Enrolled             -2-                LRB9102146PTpk
 1    terminate  at  midnight  of December 31 of the final calendar
 2    year of the certified term, except  as  provided  in  Section
 3    5.4.  In  Vermilion County, however, an enterprise zone shall
 4    be in effect for 30 calendar years or for a lesser number  of
 5    years specified in the certified designating ordinance.
 6        (d)  No more than 12 Enterprise Zones may be certified by
 7    the  Department  in  calendar  year  1984,  no  more  than 12
 8    Enterprise Zones  may  be  certified  by  the  Department  in
 9    calendar  year  1985, no more than 13 Enterprise Zones may be
10    certified by the Department in calendar year  1986,  no  more
11    than  15  Enterprise Zones may be certified by the Department
12    in calendar year 1987, and no more than 20  Enterprise  Zones
13    may  be certified by the Department in calendar year 1990. In
14    other calendar years, no more than 13 Enterprise Zones may be
15    certified  by  the  Department.  The  Department   may   also
16    designate  up  to  8  additional Enterprise Zones outside the
17    regular  application  cycle  if  warranted  by  the   extreme
18    economic  circumstances as determined by the Department.  The
19    Department may also designate one additional Enterprise  Zone
20    outside   the   regular  application  cycle  if  an  aircraft
21    manufacturer  agrees  to  locate  an  aircraft  manufacturing
22    facility in the proposed  Enterprise  Zone.   Notwithstanding
23    any  other  provision of this Act, no more than 89 Enterprise
24    Zones may be certified by the Department for the 10  calendar
25    years commencing with 1983. The 7 additional Enterprise Zones
26    authorized   by   Public  Act  86-15  shall  not  lie  within
27    municipalities or unincorporated areas of counties that  abut
28    or  are  contiguous to Enterprise Zones certified pursuant to
29    this Section prior  to  June  30,  1989.   The  7  additional
30    Enterprise  Zones  (excluding  the additional Enterprise Zone
31    which may  be  designated  outside  the  regular  application
32    cycle)  authorized by Public Act 86-1030 shall not lie within
33    municipalities or unincorporated areas of counties that  abut
34    or  are  contiguous to Enterprise Zones certified pursuant to
 
HB1991 Enrolled             -3-                LRB9102146PTpk
 1    this Section prior to February  28,  1990.  In  any  calendar
 2    year,  the  Department  may  not  certify  more  than 3 Zones
 3    located within the  same  municipality.  The  Department  may
 4    certify  Enterprise  Zones  in  each of the 10 calendar years
 5    commencing with 1983. The Department  may  not  certify  more
 6    than  a  total of 18 Enterprise Zones located within the same
 7    county   (whether    within    municipalities    or    within
 8    unincorporated   territory)   for   the   10  calendar  years
 9    commencing with 1983.  Thereafter,  the  Department  may  not
10    certify  any  additional  Enterprise Zones, but may amend and
11    rescind  certifications  of  existing  Enterprise  Zones   in
12    accordance with Section 5.4.
13        (e)  Notwithstanding  any  other provision of law, if (i)
14    the county board of any county in which  a  current  military
15    base  is located, in part or in whole, or in which a military
16    base that has been closed within 20 years  of  the  effective
17    date of this amendatory Act of 1998 is located, in part or in
18    whole,  adopts  a  designating  ordinance  in accordance with
19    Section 5 of this Act to designate the military base in  that
20    county  as an enterprise zone and (ii) the property otherwise
21    meets the qualifications for an enterprise zone as prescribed
22    in Section 4 of this Act, then the Department may certify the
23    designating ordinance or ordinances, as the case may be.
24    (Source: P.A. 90-657, eff. 7-30-98.)

25        Section 99.  Effective date.  This Act takes effect  upon
26    becoming law.

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