093_SB0133eng

 
SB133 Engrossed                      LRB093 06671 MKM 06805 b

 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26    and may not be amended or repealed except in accordance  with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.
 3        (d)  No more than 12 Enterprise Zones may be certified by
 4    the  Department  in  calendar  year  1984,  no  more  than 12
 5    Enterprise Zones  may  be  certified  by  the  Department  in
 6    calendar  year  1985, no more than 13 Enterprise Zones may be
 7    certified by the Department in calendar year  1986,  no  more
 8    than  15  Enterprise Zones may be certified by the Department
 9    in calendar year 1987, and no more than 20  Enterprise  Zones
10    may  be certified by the Department in calendar year 1990. In
11    other calendar years, no more than 13 Enterprise Zones may be
12    certified  by  the  Department.  The  Department   may   also
13    designate  up  to  8  additional Enterprise Zones outside the
14    regular  application  cycle  if  warranted  by  the   extreme
15    economic  circumstances as determined by the Department.  The
16    Department may also designate one additional Enterprise  Zone
17    outside   the   regular  application  cycle  if  an  aircraft
18    manufacturer  agrees  to  locate  an  aircraft  manufacturing
19    facility in the proposed Enterprise Zone. Notwithstanding any
20    other provision of this Act, no more than 89 Enterprise Zones
21    may be certified by the Department for the 10 calendar  years
22    commencing  with  1983.  The  7  additional  Enterprise Zones
23    authorized  by  Public  Act  86-15  shall  not   lie   within
24    municipalities  or unincorporated areas of counties that abut
25    or are contiguous to Enterprise Zones certified  pursuant  to
26    this  Section  prior  to  June  30,  1989.   The 7 additional
27    Enterprise Zones (excluding the  additional  Enterprise  Zone
28    which  may  be  designated  outside  the  regular application
29    cycle) authorized by Public Act 86-1030 shall not lie  within
30    municipalities  or unincorporated areas of counties that abut
31    or are contiguous to Enterprise Zones certified  pursuant  to
32    this  Section  prior  to  February  28,  1990.  Beginning  in
33    calendar  year 2004 and until December 31, 2008, a total of 5
34    additional  enterprise  zones  may  be   certified   by   the
 
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 1    Department.  In  any  calendar  year,  the Department may not
 2    certify  more  than  3  Zones   located   within   the   same
 3    municipality.  The Department may certify Enterprise Zones in
 4    each of the 10  calendar  years  commencing  with  1983.  The
 5    Department may not certify more than a total of 18 Enterprise
 6    Zones   located   within  the  same  county  (whether  within
 7    municipalities or within unincorporated territory) for the 10
 8    calendar  years  commencing  with   1983.   Thereafter,   the
 9    Department  may  not certify any additional Enterprise Zones,
10    but  may  amend  and  rescind  certifications   of   existing
11    Enterprise Zones in accordance with Section 5.4.
12        (e)  Notwithstanding  any  other provision of law, if (i)
13    the county board of any county in which  a  current  military
14    base  is located, in part or in whole, or in which a military
15    base that has been closed within 20 years  of  the  effective
16    date of this amendatory Act of 1998 is located, in part or in
17    whole,  adopts  a  designating  ordinance  in accordance with
18    Section 5 of this Act to designate the military base in  that
19    county  as an enterprise zone and (ii) the property otherwise
20    meets the qualifications for an enterprise zone as prescribed
21    in Section 4 of this Act, then the Department may certify the
22    designating ordinance or ordinances, as the case may be.
23    (Source: P.A. 91-567, eff.  8-14-99;  91-937,  eff.  1-11-01;
24    92-16, eff. 6-28-01; 92-777, eff. 1-1-03.)