Illinois General Assembly - Full Text of Public Act 100-1149
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Public Act 100-1149


Public Act 1149 100TH GENERAL ASSEMBLY


Public Act 100-1149
HB0156 EnrolledLRB100 03826 HLH 13831 b

    AN ACT concerning revenue.
    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 4 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
        (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
            (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
            (4) an abandoned coal mine, or a brownfield (as
        defined in Section 58.2 of the Environmental
        Protection Act), or an inactive nuclear powered
        electrical generation facility where spent nuclear
        fuel is stored on-site 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.
    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.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 12/14/2018