State of Illinois
91st General Assembly
Legislation

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91_HB2307

 
                                               LRB9104557MWcb

 1        AN  ACT  to  amend  the  Illinois  Enterprise Zone Act by
 2    changing Section 5.3.

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

 5        Section  5.   The Illinois Enterprise Zone Act is amended
 6    by changing Section 5.3 as follows:

 7        (20 ILCS 655/5.3) (from Ch. 67 1/2, par. 608)
 8        Sec. 5.3.  Certification of Enterprise  Zones;  Effective
 9    date.
10        (a)  Approval  of  designated  Enterprise  Zones shall be
11    made by the Department by certification  of  the  designating
12    ordinance.  The Department shall promptly issue a certificate
13    for each Enterprise Zone upon its approval.  The  certificate
14    shall be signed by the Director of the Department, shall make
15    specific  reference to the designating ordinance, which shall
16    be attached thereto, and shall be filed in the office of  the
17    Secretary  of  State. A certified copy of the Enterprise Zone
18    Certificate,  or  a  duplicate  original  thereof,  shall  be
19    recorded in the office of recorder of deeds of the county  in
20    which the Enterprise Zone lies.
21        (b)  An  Enterprise  Zone  shall  be  effective  upon its
22    certification. The Department shall transmit a  copy  of  the
23    certification  to  the  Department  of  Revenue,  and  to the
24    designating municipality or county.
25        Upon certification of an Enterprise Zone, the  terms  and
26    provisions  of  the designating ordinance shall be in effect,
27    and may not be amended or repealed except in accordance  with
28    Section 5.4.
29        (c)  An  Enterprise  Zone  shall  be  in  effect  for  20
30    calendar  years, or for a lesser number of years specified in
31    the certified designating ordinance. Enterprise  Zones  shall
 
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 1    terminate  at  midnight  of December 31 of the final calendar
 2    year of the certified term, except  as  provided  in  Section
 3    5.4.  In  Vermilion County, however, an enterprise zone shall
 4    be in effect for 30 calendar years or for a lesser number  of
 5    years specified in the certified designating ordinance.
 6        (d)  No more than 12 Enterprise Zones may be certified by
 7    the  Department  in  calendar  year  1984,  no  more  than 12
 8    Enterprise Zones  may  be  certified  by  the  Department  in
 9    calendar  year  1985, no more than 13 Enterprise Zones may be
10    certified by the Department in calendar year  1986,  no  more
11    than  15  Enterprise Zones may be certified by the Department
12    in calendar year 1987, and no more than 20  Enterprise  Zones
13    may  be certified by the Department in calendar year 1990. In
14    other calendar years, no more than 17 13 Enterprise Zones may
15    be certified by  the  Department.  The  Department  may  also
16    designate  up  to  8  additional Enterprise Zones outside the
17    regular  application  cycle  if  warranted  by  the   extreme
18    economic  circumstances as determined by the Department.  The
19    Department may also designate one additional Enterprise  Zone
20    outside   the   regular  application  cycle  if  an  aircraft
21    manufacturer  agrees  to  locate  an  aircraft  manufacturing
22    facility in the proposed Enterprise  Zone.    Notwithstanding
23    any  other  provision of this Act, no more than 89 Enterprise
24    Zones may be certified by the Department for the 10  calendar
25    years commencing with 1983. The 7 additional Enterprise Zones
26    authorized   by   Public  Act  86-15  shall  not  lie  within
27    municipalities or unincorporated areas of counties that  abut
28    or  are  contiguous to Enterprise Zones certified pursuant to
29    this Section prior  to  June  30,  1989.   The  7  additional
30    Enterprise  Zones  (excluding  the additional Enterprise Zone
31    which may  be  designated  outside  the  regular  application
32    cycle)  authorized by Public Act 86-1030 shall not lie within
33    municipalities or unincorporated areas of counties that  abut
34    or  are  contiguous to Enterprise Zones certified pursuant to
 
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 1    this Section prior to February  28,  1990.  In  any  calendar
 2    year,  the  Department  may  not  certify  more  than 3 Zones
 3    located within the  same  municipality.  The  Department  may
 4    certify  Enterprise  Zones  in  each of the 10 calendar years
 5    commencing with 1983. The Department  may  not  certify  more
 6    than  a  total of 18 Enterprise Zones located within the same
 7    county   (whether    within    municipalities    or    within
 8    unincorporated   territory)   for   the   10  calendar  years
 9    commencing with 1983.  Thereafter,  the  Department  may  not
10    certify  any  additional  Enterprise Zones, but may amend and
11    rescind  certifications  of  existing  Enterprise  Zones   in
12    accordance with Section 5.4.
13        (e)  Notwithstanding  any  other provision of law, if (i)
14    the county board of any county in which  a  current  military
15    base  is located, in part or in whole, or in which a military
16    base that has been closed within 20 years  of  the  effective
17    date of this amendatory Act of 1998 is located, in part or in
18    whole,  adopts  a  designating  ordinance  in accordance with
19    Section 5 of this Act to designate the military base in  that
20    county  as an enterprise zone and (ii) the property otherwise
21    meets the qualifications for an enterprise zone as prescribed
22    in Section 4 of this Act, then the Department may certify the
23    designating ordinance or ordinances, as the case may be.
24    (Source: P.A. 90-657, eff. 7-30-98.)

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

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