State of Illinois
91st General Assembly
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Public Act 91-0567

HB2320 Enrolled                                LRB9105011DHmg

    AN ACT concerning enterprise zones.

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

    Section  3.   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and may not be amended or repealed except in accordance  with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  20
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.  In  Vermilion County, however, an enterprise zone shall
be in effect for 30 calendar years or for a lesser number  of
years  specified  in the certified designating ordinance. 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. 90-657, eff. 7-30-98.)

    Section   5.    The   Southwestern  Illinois  Development
Authority Act is amended by changing Section 10 as follows:

    (70 ILCS 520/10) (from Ch. 85, par. 6160)
    Sec. 10.  Enterprise Zone. The Authority may by ordinance
designate a portion of the territorial  jurisdiction  of  the
Authority  for  certification as an Enterprise Zone under the
Illinois  Enterprise  Zone  Act  in  addition  to  any  other
enterprise zones which may be created under that  Act,  which
area   shall  have  all  the  privileges  and  rights  of  an
Enterprise Zone pursuant to the Illinois Enterprise Zone Act,
but which shall not be counted in determining the  number  of
Enterprise  Zones  to be created in any year pursuant to that
Act.
    Prior to January 1, 1999, the Authority may by  ordinance
designate  a  portion  of the territorial jurisdiction of the
Authority located in the  southeastern  portion  of  Chouteau
Township   and   the  southwestern  portion  of  Edwardsville
Township along FAR 310 for  certification  as  an  Enterprise
Zone  under  the  Illinois Enterprise Zone Act in addition to
any other enterprise zones which may be  created  under  that
Act,  which  area shall have all the privileges and rights of
an Enterprise Zone under the Illinois  Enterprise  Zone  Act,
but  which  shall not be counted in determining the number of
Enterprise Zones to be created in any year pursuant  to  that
Act.
    Prior  to  January 1, 2000 the Authority may by ordinance
designate a portion of the territorial  jurisdiction  of  the
Authority  located  in  the  townships  of O'Fallon, Lebanon,
Mascoutah, and Shiloh Valley of the county of St.  Clair  for
certification  as  an  Enterprise  Zone  under  the  Illinois
Enterprise Zone Act in addition to any other Enterprise Zones
which  may be created under that Act. The area shall have all
the privileges and rights of an  Enterprise  Zone  under  the
Illinois  Enterprise  Zone  Act  but  shall not be counted in
determining the number of Enterprise Zones to be  created  in
any year under that Act.
(Source: P.A. 90-5, eff. 3-19-97.)

    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 20 years, 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.)

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

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