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| [ House Amendment 003 ] |
91_HB2320sam004
LRB9105011DHpkam02
1 AMENDMENT TO HOUSE BILL 2320
2 AMENDMENT NO. . Amend House Bill 2320 as follows:
3 on page 1, by replacing lines 1 and 2 with the following:
4 "AN ACT concerning enterprise zones."; and
5 on page 1, below line 4, by inserting the following:
6 "Section 3. The Illinois Enterprise Zone Act is amended
7 by changing Section 5.3 as follows:
8 (20 ILCS 655/5.3) (from Ch. 67 1/2, par. 608)
9 Sec. 5.3. Certification of Enterprise Zones; Effective
10 date.
11 (a) Approval of designated Enterprise Zones shall be
12 made by the Department by certification of the designating
13 ordinance. The Department shall promptly issue a certificate
14 for each Enterprise Zone upon its approval. The certificate
15 shall be signed by the Director of the Department, shall make
16 specific reference to the designating ordinance, which shall
17 be attached thereto, and shall be filed in the office of the
18 Secretary of State. A certified copy of the Enterprise Zone
19 Certificate, or a duplicate original thereof, shall be
20 recorded in the office of recorder of deeds of the county in
21 which the Enterprise Zone lies.
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1 (b) An Enterprise Zone shall be effective upon its
2 certification. The Department shall transmit a copy of the
3 certification to the Department of Revenue, and to the
4 designating municipality or county.
5 Upon certification of an Enterprise Zone, the terms and
6 provisions of the designating ordinance shall be in effect,
7 and may not be amended or repealed except in accordance with
8 Section 5.4.
9 (c) An Enterprise Zone shall be in effect for 20
10 calendar years, or for a lesser number of years specified in
11 the certified designating ordinance. Enterprise Zones shall
12 terminate at midnight of December 31 of the final calendar
13 year of the certified term, except as provided in Section
14 5.4. In Vermilion County, however, an enterprise zone shall
15 be in effect for 30 calendar years or for a lesser number of
16 years specified in the certified designating ordinance. The
17 Whiteside County/Carroll County Enterprise Zone, however,
18 solely with respect to industrial purposes and uses, shall be
19 in effect for 30 calendar years or for a lesser number of
20 years specified in the certified designating ordinance.
21 (d) No more than 12 Enterprise Zones may be certified by
22 the Department in calendar year 1984, no more than 12
23 Enterprise Zones may be certified by the Department in
24 calendar year 1985, no more than 13 Enterprise Zones may be
25 certified by the Department in calendar year 1986, no more
26 than 15 Enterprise Zones may be certified by the Department
27 in calendar year 1987, and no more than 20 Enterprise Zones
28 may be certified by the Department in calendar year 1990. In
29 other calendar years, no more than 13 Enterprise Zones may be
30 certified by the Department. The Department may also
31 designate up to 8 additional Enterprise Zones outside the
32 regular application cycle if warranted by the extreme
33 economic circumstances as determined by the Department. The
34 Department may also designate one additional Enterprise Zone
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1 outside the regular application cycle if an aircraft
2 manufacturer agrees to locate an aircraft manufacturing
3 facility in the proposed Enterprise Zone. Notwithstanding
4 any other provision of this Act, no more than 89 Enterprise
5 Zones may be certified by the Department for the 10 calendar
6 years commencing with 1983. The 7 additional Enterprise Zones
7 authorized by Public Act 86-15 shall not lie within
8 municipalities or unincorporated areas of counties that abut
9 or are contiguous to Enterprise Zones certified pursuant to
10 this Section prior to June 30, 1989. The 7 additional
11 Enterprise Zones (excluding the additional Enterprise Zone
12 which may be designated outside the regular application
13 cycle) authorized by Public Act 86-1030 shall not lie within
14 municipalities or unincorporated areas of counties that abut
15 or are contiguous to Enterprise Zones certified pursuant to
16 this Section prior to February 28, 1990. In any calendar
17 year, the Department may not certify more than 3 Zones
18 located within the same municipality. The Department may
19 certify Enterprise Zones in each of the 10 calendar years
20 commencing with 1983. The Department may not certify more
21 than a total of 18 Enterprise Zones located within the same
22 county (whether within municipalities or within
23 unincorporated territory) for the 10 calendar years
24 commencing with 1983. Thereafter, the Department may not
25 certify any additional Enterprise Zones, but may amend and
26 rescind certifications of existing Enterprise Zones in
27 accordance with Section 5.4.
28 (e) Notwithstanding any other provision of law, if (i)
29 the county board of any county in which a current military
30 base is located, in part or in whole, or in which a military
31 base that has been closed within 20 years of the effective
32 date of this amendatory Act of 1998 is located, in part or in
33 whole, adopts a designating ordinance in accordance with
34 Section 5 of this Act to designate the military base in that
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1 county as an enterprise zone and (ii) the property otherwise
2 meets the qualifications for an enterprise zone as prescribed
3 in Section 4 of this Act, then the Department may certify the
4 designating ordinance or ordinances, as the case may be.
5 (Source: P.A. 90-657, eff. 7-30-98.)"; and
6 on page 2, below line 10, by inserting the following:
7 "Section 10. The Public Utilities Act is amended by
8 changing Section 9-222.1 as follows:
9 (220 ILCS 5/9-222.1) (from Ch. 111 2/3, par. 9-222.1)
10 Sec. 9-222.1. A business enterprise which is located
11 within an area designated by a county or municipality as an
12 enterprise zone pursuant to the Illinois Enterprise Zone Act
13 or located in a federally designated Foreign Trade Zone or
14 Sub-Zone shall be exempt from the additional charges added to
15 the business enterprise's utility bills as a pass-on of
16 municipal and State utility taxes under Sections 9-221 and
17 9-222 of this Act, to the extent such charges are exempted by
18 ordinance adopted in accordance with paragraph (e) of Section
19 8-11-2 of the Illinois Municipal Code in the case of
20 municipal utility taxes, and to the extent such charges are
21 exempted by the percentage specified by the Department of
22 Commerce and Community Affairs in the case of State utility
23 taxes, provided such business enterprise meets the following
24 criteria:
25 (1) it either (i) makes investments which cause the
26 creation of a minimum of 200 full-time equivalent jobs in
27 Illinois; (ii) makes investments of at least $175,000,000
28 which cause the creation of a minimum of 150 full-time
29 equivalent jobs in Illinois; or (iii) makes investments
30 which cause the retention of a minimum of 1,000 full-time
31 jobs in Illinois; and
32 (2) it is either (i) located in an Enterprise Zone
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1 established pursuant to the Illinois Enterprise Zone Act
2 or (ii) it is located in a federally designated Foreign
3 Trade Zone or Sub-Zone and is designated a High Impact
4 Business by the Department of Commerce and Community
5 Affairs; and
6 (3) it is certified by the Department of Commerce
7 and Community Affairs as complying with the requirements
8 specified in clauses (1) and (2) of this Section.
9 The Department of Commerce and Community Affairs shall
10 determine the period during which such exemption from the
11 charges imposed under Section 9-222 is in effect which shall
12 not exceed 20 years, except in the case of the Whiteside
13 County/Carroll County Enterprise Zone, where, solely with
14 respect to industrial purposes and uses, the exemption period
15 shall not exceed 30 years, and shall specify the percentage
16 of the exemption from State utility taxes.
17 The Department of Commerce and Community Affairs shall
18 have the power to promulgate rules and regulations to carry
19 out the provisions of this Section including procedures for
20 complying with the requirements specified in clauses (1) and
21 (2) of this Section and procedures for applying for the
22 exemptions authorized under this Section; to define the
23 amounts and types of eligible investments which business
24 enterprises must make in order to receive State utility tax
25 exemptions pursuant to Sections 9-222 and 9-222.1 of this
26 Act; to approve such utility tax exemptions for business
27 enterprises whose investments are not yet placed in service;
28 and to require that business enterprises granted tax
29 exemptions repay the exempted tax should the business
30 enterprise fail to comply with the terms and conditions of
31 the certification. However, no business enterprise shall be
32 required, as a condition for certification under clause (3)
33 of this Section, to attest that its decision to invest under
34 clause (1) of this Section and to locate under clause (2) of
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1 this Section is predicated upon the availability of the
2 exemptions authorized by this Section.
3 A business enterprise shall be exempt, in whole or in
4 part, from the pass-on charges of municipal utility taxes
5 imposed under Section 9-221, only if it meets the criteria
6 specified in clauses (1) through (3) of this Section and the
7 municipality has adopted an ordinance authorizing the
8 exemption under paragraph (e) of Section 8-11-2 of the
9 Illinois Municipal Code. Upon certification of the business
10 enterprises by the Department of Commerce and Community
11 Affairs, the Department of Commerce and Community Affairs
12 shall notify the Department of Revenue of such certification.
13 The Department of Revenue shall notify the public utilities
14 of the exemption status of business enterprises from the
15 pass-on charges of State and municipal utility taxes. Such
16 exemption status shall be effective within 3 months after
17 certification of the business enterprise.
18 (Source: P.A. 90-16, eff. 6-16-97.)".