State of Illinois
92nd General Assembly
Legislation

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92_HB0282eng

 
HB0282 Engrossed                               LRB9202773MWdv

 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26    and may not be amended or repealed except in accordance  with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
 
HB0282 Engrossed            -2-                LRB9202773MWdv
 1    year of the certified term, except  as  provided  in  Section
 2    5.4.   In Vermilion County, however, an enterprise zone shall
 3    be in effect for 30 calendar years or for a lesser number  of
 4    years  specified in the certified designating ordinance.  The
 5    Whiteside County/Carroll  County  Enterprise  Zone,  however,
 6    solely with respect to industrial purposes and uses, shall be
 7    in  effect  for  30  calendar years or for a lesser number of
 8    years specified in the certified designating  ordinance.
 9        (d)  No more than 12 Enterprise Zones may be certified by
10    the Department  in  calendar  year  1984,  no  more  than  12
11    Enterprise  Zones  may  be  certified  by  the  Department in
12    calendar year 1985, no more than 13 Enterprise Zones  may  be
13    certified  by  the  Department in calendar year 1986, no more
14    than 15 Enterprise Zones may be certified by  the  Department
15    in  calendar  year 1987, and no more than 20 Enterprise Zones
16    may be certified by the Department in calendar year 1990.  In
17    other calendar years, no more than 13 Enterprise Zones may be
18    certified  by  the  Department.    The  Department  may  also
19    designate  up  to  8  additional Enterprise Zones outside the
20    regular  application  cycle  if  warranted  by  the   extreme
21    economic  circumstances as determined by the Department.  The
22    Department may also designate one additional Enterprise  Zone
23    outside   the   regular  application  cycle  if  an  aircraft
24    manufacturer  agrees  to  locate  an  aircraft  manufacturing
25    facility in the proposed Enterprise  Zone.    Notwithstanding
26    any  other  provision of this Act, no more than 89 Enterprise
27    Zones may be certified by the Department for the 10  calendar
28    years commencing with 1983. The 7 additional Enterprise Zones
29    authorized   by   Public  Act  86-15  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  June  30,  1989.   The  7  additional
33    Enterprise  Zones  (excluding  the additional Enterprise Zone
34    which may  be  designated  outside  the  regular  application
 
HB0282 Engrossed            -3-                LRB9202773MWdv
 1    cycle)  authorized by Public Act 86-1030 shall not lie within
 2    municipalities or unincorporated areas of counties that  abut
 3    or  are  contiguous to Enterprise Zones certified pursuant to
 4    this  Section  prior  to  February  28,  1990.  Beginning  in
 5    calendar year 2002 and until December 31, 2006, a total of  5
 6    additional   enterprise   zones   may  be  certified  by  the
 7    Department.  In any calendar year,  the  Department  may  not
 8    certify   more   than   3   Zones  located  within  the  same
 9    municipality. The Department may certify Enterprise Zones  in
10    each  of  the  10  calendar  years  commencing with 1983. The
11    Department may not certify more than a total of 18 Enterprise
12    Zones  located  within  the  same  county   (whether   within
13    municipalities or within unincorporated territory) for the 10
14    calendar   years   commencing   with  1983.  Thereafter,  the
15    Department may not certify any additional  Enterprise  Zones,
16    but   may   amend  and  rescind  certifications  of  existing
17    Enterprise Zones in accordance with Section 5.4.
18        (e)  Notwithstanding any other provision of law,  if  (i)
19    the  county  board  of any county in which a current military
20    base is located, in part or in whole, or in which a  military
21    base  that  has  been closed within 20 years of the effective
22    date of this amendatory Act of 1998 is located, in part or in
23    whole, adopts a  designating  ordinance  in  accordance  with
24    Section  5 of this Act to designate the military base in that
25    county as an enterprise zone and (ii) the property  otherwise
26    meets the qualifications for an enterprise zone as prescribed
27    in Section 4 of this Act, then the Department may certify the
28    designating ordinance or ordinances, as the case may be.
29    (Source: P.A.  90-657,  eff.  7-30-98;  91-567, eff. 8-14-99;
30    91-937, eff. 1-11-01; revised 1-15-01.)

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