Illinois Administrative Code › Title 14 - COMMERCE › Part 520 - ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS › Subpart A - ENTERPRISE ZONES IN ILLINOIS › Section 520.100 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Illinois Enterprise Zone Act [20 ILCS 655
				  ].
"Agency" means each officer, board, commission, and agency
				  created by the Constitution in the executive branch of State government, other
				  than the State Board of Elections; each officer, department, board, commission,
				  agency, institution, authority, university, body politic and corporate of the
				  State; and each administrative unit or corporate outgrowth of the State
				  government that is created by or pursuant to statute, other than units of local
				  government and their officers, school districts and boards of election
				  commissioners; each administrative unit or corporate outgrowth of the above and
				  as may be created by executive order of the Governor. No entity shall be
				  considered an "agency" for the purposes of this Act unless authorized by law to
				  make rules and regulations.
"Board" means the Enterprise Zone Board created in Section
				  5.2.1 of the Act.
"Department" means the Department of Commerce and Economic
				  Opportunity.
"Designated Zone Organization" or "DZO" means an association
				  or entity:
The Members of which are substantially all residents
				  of the Enterprise Zone
;
The Board of Directors of which is elected by the
				  members of the organization
;
Which satisfies the criteria set forth in section
				  501(c)(3) or 501(c)(4) of the Internal Revenue Code
(
				  26 USC
				  501(c)(3) or (4) )
;
				  and
Which exists primarily for the purpose of performing
				  within such area or zone for the benefit of the residents and
				  businesses
therein any of the functions set forth in Section 8
				  of the Act
[20 ILCS 655/3
				  ].
For the purpose of this definition, "resident" means an
				  individual whose place of residence is within the Enterprise Zone, or a
				  partnership, corporation, association, or sole proprietorship whose principal
				  business office is within the Enterprise Zone.
"Enabling ordinance" means a certified ordinance passed by a
				  city or county to designate, establish and provide for an Enterprise Zone as
				  specified in Section 5(c) of the Act.
"Enterprise Zone" means an area of the State certified by the
				  Department as an Enterprise Zone pursuant to the Act.
"Full-time equivalent job" means a job in which the
				  new employee works for the recipient or for a corporation under contract to the
				  recipient at a rate of at least 35 hours per week. A recipient who employs
				  labor or services at a specific site or facility under contract with another
				  may declare one full-time, permanent job for every 1,820 man hours worked per
				  year under that contract. Vacations, paid holidays, and sick time are included
				  in this computation. Overtime is not considered a part of regular
				  hours.
[20 ILCS
				  655/3(i) ]
"Full-time retained job" means any employee defined
				  as having a full-time or full-time equivalent job preserved at a specific
				  facility or site, the continuance of which is threatened by a specific and
				  demonstrable threat, which shall be specified in the application for
				  development assistance. A recipient who employs labor or services at a specific
				  site or facility under contract with another may declare one retained employee
				  per year for every 1,750 man hours worked per year under that contract, even if
				  different individuals perform on-site labor or services.
[20 ILCS
				  655/3(j) ]
"General projections" means number of jobs and amount of
				  investments that are determined based upon general economic forecasting models.
				  Overall, these totals are estimates and would include indirect, direct and
				  induced figures based on trend of past area job growth, which may or may not be
				  a result of the Enterprise Zone Designation.
"Latest federal decennial census" means the most recent
				  American Community Survey released by the U.S. Census Bureau or other
				  appropriate data source produced by the U.S. Census Bureau.
"Local labor market area" means an economically
				  integrated area within which individuals can reside and find employment within
				  a reasonable distance or can readily change jobs without changing their place
				  of residence.
[20 ILCS
				  655/3(h) ] A local labor market area
				  must be contiguous, compact and entirely within the State of Illinois and shall
				  be, to the extent practicable, comprised of whole Census Tracts. A local labor
				  market area must, at a minimum, contain the entire area within the boundaries
				  of the Enterprise Zone to which it relates. A local labor market area may take
				  into account communities of interest.
"New employee" means a full-time equivalent job that
				  represents a net increase in the number of the recipient's employees
				  statewide.
"New employee" includes an employee who previously filled a
				  new employee position with the recipient who was rehired or called back from a
				  layoff that occurs during or following the base years. The term "new employee"
				  does not include any of the following:
An employee of the recipient who performs a job that was
				  previously performed by another employee in this State, if that job existed in
				  this State for at least 6 months before hiring the employee;
Any individual who has a direct or indirect ownership
				  interest of at least 5% in the profits, capital or value of any member of the
				  recipient;
A child, grandchild, parent or spouse, other than a spouse
				  who is legally separated from the individual, of any individual who has a
				  direct or indirect ownership interest of at least 5% in the profits, capital or
				  value of any member of the recipient;
Employee positions being filled or refilled as a result of
				  strikes or layoffs or replacement workers to replace recipient company locked
				  out employees.
"Public infrastructure" means local roads and streets, access
				  roads, bridges and sidewalks; waste disposal systems; water and sewer line
				  extensions, water distribution and purification facilities, and sewage
				  treatment facilities; rail or air or water port improvements; gas and electric
				  utility facilities; transit capital facilities; development and improvement of
				  publicly owned industrial and commercial sites; or other public capital
				  improvements that are an essential precondition to business retention,
				  development or expansion.
"Specific commitments" means a written commitment from a
				  specific company that has agreed to invest, create and/or retain a certain
				  number of jobs as a condition of the Enterprise Zone
				  designation.