State of Illinois
92nd General Assembly
Legislation

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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26    and may not be amended or repealed except in accordance  with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
 
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 1    year of the certified term, except  as  provided  in  Section
 2    5.4.  The  Whiteside  County/Carroll  County Enterprise Zone,
 3    however, solely with respect to industrial purposes and uses,
 4    shall be in effect for 30 calendar  years  or  for  a  lesser
 5    number  of  years  specified  in  the  certified  designating
 6    ordinance.
 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  30  20  years  or  the  certified  term  of  the
33    enterprise  zone,  whichever period is shorter, except in the
34    case of the Whiteside County/Carroll County Enterprise  Zone,
 
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 1    where,  solely  with respect to industrial purposes and uses,
 2    the exemption period shall not exceed  30  years,  and  shall
 3    specify  the  percentage  of the exemption from State utility
 4    taxes.
 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.)

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