Public Act 100-0838
 
SB2667 EnrolledLRB100 17693 HLH 32865 b



    AN ACT concerning revenue.

 
    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 Sections 4 and 4.1 as follows:
 



    (20 ILCS 655/4)  (from Ch. 67 1/2, par. 604)



    Sec. 4. Qualifications for Enterprise Zones. 
    (1) An area is qualified to become an enterprise zone 
which:

        (a) is a contiguous area, provided that a zone area may 
    exclude wholly
surrounded territory within its boundaries;

        (b) comprises a minimum of one-half square mile and not 
    more than 12
square miles, or 15 square miles if the zone 
    is located within the
jurisdiction of 4 or more counties or 
    municipalities,  in total area,
exclusive of lakes and 
    waterways;
however, in such cases where the enterprise zone 
    is a joint effort of
three or more units of government, or 
    two or more units of government if
situated in a township 
    which is divided by a municipality of 1,000,000 or
more 
    inhabitants, and where the certification has been in
effect 
    at least one year, the total area shall comprise a minimum 
    of
one-half square mile and not more than thirteen square 
    miles in total area
exclusive of lakes and waterways;

        (c) (blank);

        (d) (blank);

        (e) is (1) entirely within a municipality or (2) 
    entirely within
the unincorporated
areas of a county, 
    except where reasonable need is established for such
zone 
    to cover portions of more than one municipality or county 
    or (3)
both comprises (i) all or part of a municipality and 
    (ii) an unincorporated
area of a county; and

        (f)  meets 3 or more of the following criteria: 
            (1) all or part of the local labor market area has 
        had an annual average unemployment rate of at least 
        120% of the State's annual average unemployment rate 
        for the most recent calendar year or the most recent 
        fiscal year as reported by the Department of Employment 
        Security;
            (2) designation will result in the development of 
        substantial employment opportunities by creating or 
        retaining a minimum aggregate of 1,000 full-time 
        equivalent jobs due to an aggregate investment of 
        $100,000,000 or more, and will help alleviate the 
        effects of poverty and unemployment within the local 
        labor market area;
            (3) all or part of the local labor market area has 
        a poverty rate of at least 20% according to the latest 
        federal decennial census, 50% or more of children in 
        the local labor market area participate in the federal 
        free lunch program according to reported statistics 
        from the State Board of Education, or 20% or more 
        households in the local labor market area receive food 
        stamps according to the latest federal decennial 
        census;
            (4) an abandoned coal mine or a brownfield (as 
        defined in Section 58.2 of the Environmental 
        Protection Act) is located in the proposed zone area, 
        or all or a portion of the proposed zone was declared a 
        federal disaster area in the 3 years preceding the date 
        of application;
            (5) the local labor market area contains a presence 
        of large employers  that have downsized over the years, 
        the labor market area has experienced plant closures in 
        the 5 years prior to the date of application affecting 
        more than 50  workers, or the local labor market area 
        has experienced State or federal facility closures in 
        the 5 years prior to the date of application affecting 
        more than 50 workers;
            (6) based on data from Multiple Listing Service 
        information or other suitable sources, the local labor 
        market area contains a high floor vacancy rate of 
        industrial or commercial properties, vacant or 
        demolished commercial and industrial structures are 
        prevalent in the local labor market area, or industrial 
        structures in the local labor market area are not used 
        because of age, deterioration, relocation of the 
        former occupants, or cessation of operation;
            (7) the applicant demonstrates a substantial plan 
        for using the designation to improve the State and 
        local government tax base, including income, sales, 
        and property taxes;
            (8) significant public infrastructure is present 
        in the local labor market area in addition to a plan 
        for infrastructure development and improvement; 
            (9) high schools or community colleges located 
        within the local labor market area are engaged in ACT 
        Work Keys, Manufacturing Skills Standard 
        Certification, or other industry-based credentials 
        that prepare students for careers; or
            (10) the change in equalized assessed valuation of 
        industrial and/or commercial properties in the 5 years 
        prior to the date of application is equal to or less 
        than 50% of the State average change in equalized 
        assessed valuation for industrial and/or commercial 
        properties, as applicable, for the same period of time; 
        or .
            (11) the applicant demonstrates a substantial plan 
        for using the designation to encourage: (i) 
        participation by businesses owned by minorities, 
        women, and persons with disabilities, as those terms 
        are defined in the Business Enterprise for Minorities, 
        Women, and Persons with Disabilities Act; and (ii) the 
        hiring of minorities, women, and persons with 
        disabilities. 
    As provided in Section  10-5.3 of the River Edge 
Redevelopment Zone Act, upon the expiration of the term of each 
River Edge Redevelopment Zone in existence on the effective 
date of this amendatory Act of the 97th General Assembly, that 
River Edge Redevelopment Zone will become available for its 
previous designee or a new applicant to compete for designation 
as an enterprise zone. No preference for designation will be 
given to the previous designee of the zone. 
    (2) Any criteria established by the Department or by law 
which utilize the rate
of unemployment for a particular area 
shall provide that all persons who
are not presently employed 
and have exhausted all unemployment benefits
shall be 
considered unemployed, whether or not such persons are actively

seeking employment.

(Source: P.A. 97-905, eff. 8-7-12.)

 
    (20 ILCS 655/4.1)
    Sec. 4.1. Department recommendations.
    (a)  For all applications that qualify under Section 4 of 
this Act, the Department shall issue recommendations by 
assigning a score to each applicant. The scores will be 
determined by the Department, based on the extent to which an 
applicant meets the criteria points under subsection (f) of 
Section 4 of this Act. Scores will be determined using the 
following scoring system: 
        (1)  Up to 50 points for the extent to which the 
    applicant meets or exceeds the criteria in item (1) of 
    subsection (f) of Section 4 of this Act, with points 
    awarded according to the severity of the unemployment. 
        (2)  Up to 50 points for the extent to which the 
    applicant meets or exceeds the criteria in item (2) of 
    subsection (f) of Section 4 of this Act, with points 
    awarded in accordance with the number of jobs created and 
    the aggregate amount of investment promised. 
        (3)  Up to 40 points for the extent to which the 
    applicant meets or exceeds the criteria in item (3) of 
    subsection (f) of Section 4 of this Act, with points 
    awarded in accordance with the severity of the unemployment 
    rate according to the latest federal decennial census. 
        (4)  Up to 30 points for the extent to which the 
    applicant meets or exceeds the criteria in item (4) of 
    subsection (f) of Section 4 of this Act,  with points 
    awarded in accordance with the severity of the 
    environmental impact of the abandoned coal mine, 
    brownfield, or federal disaster area. 
        (5)  Up to 50 points for the extent to which the 
    applicant meets or exceeds the criteria in item (5) of 
    subsection (f) of Section 4 of this Act,  with points 
    awarded in accordance with the severity of the applicable 
    facility closures or downsizing. 
        (6)  Up to 40 points for the extent to which the 
    applicant meets or exceeds the criteria in item (6) of 
    subsection (f) of Section 4 of this Act,  with points 
    awarded in accordance with the severity and extent of the 
    high floor vacancy or deterioration. 
        (7)  Up to 30 points for the extent to which the 
    applicant meets or exceeds the criteria in item (7) of 
    subsection (f) of Section 4 of this Act,  with points 
    awarded in accordance with the extent to which the 
    application addresses a plan to improve the State and local 
    government tax base. 
        (8)  Up to 50 points for the extent to which the 
    applicant meets or exceeds the criteria in item (8) of 
    subsection (f) of Section 4 of this Act,  with points 
    awarded in accordance with the existence of significant 
    public infrastructure. 
        (9)  Up to 40 points for the extent to which the 
    applicant meets or exceeds the criteria in item (9) of 
    subsection (f) of Section 4 of this Act,  with points 
    awarded in accordance with the extent to which educational 
    programs exist for career preparation. 
        (10) Up to 40 points for the extent to which the 
    applicant meets or exceeds the criteria in item (10) of 
    subsection (f) of Section 4 of this Act, with points 
    awarded according to the severity of the change in 
    equalized assessed valuation. 
        (11) Up to 40 points for the extent to which the 
    applicant meets or exceeds the criteria in item (11) of 
    subsection (f) of Section 4 of this Act. 
    (b) After assigning a score for each of the individual 
criteria using the point system as described in subsection (a), 
the Department shall then take the sum of the scores for each 
applicant and assign a final score. The Department shall then 
submit this information  to the Board, as required in subsection 
(c) of Section 5.2, as its  recommendation. 

(Source: P.A. 97-905, eff. 8-7-12; 98-109, eff. 7-25-13.)

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