|
|
|
SB2115 Engrossed |
|
LRB096 09480 HLH 19637 b |
|
|
1 |
| AN ACT concerning revenue.
|
2 |
| Be it enacted by the People of the State of Illinois,
|
3 |
| represented in the General Assembly:
|
4 |
| Section 5. The Property Tax Code is amended by changing |
5 |
| Section 15-185 as follows:
|
6 |
| (35 ILCS 200/15-185)
|
7 |
| Sec. 15-185. Exemption for leaseback property and |
8 |
| qualified leased property.
|
9 |
| (a) Notwithstanding anything in this Code to
the
contrary, |
10 |
| all property owned by a municipality with a population of over
|
11 |
| 500,000
inhabitants, or a unit of local government whose |
12 |
| jurisdiction includes
territory located in
whole or in part |
13 |
| within a municipality with a population of over 500,000
|
14 |
| inhabitants,
shall remain exempt from taxation and any |
15 |
| leasehold interest in that property
shall not be
subject to |
16 |
| taxation under Section 9-195 if
the
property is directly or |
17 |
| indirectly leased, sold, or otherwise transferred to
another |
18 |
| entity
whose property is not exempt and immediately thereafter |
19 |
| is the subject of a
leaseback or
other agreement that directly |
20 |
| or indirectly gives the municipality or unit of
local
|
21 |
| government (i) a right to use, control, and possess the |
22 |
| property or (ii) a
right to require
the other entity, or the |
23 |
| other entity's designee or assignee, to use the
property in the
|
|
|
|
SB2115 Engrossed |
- 2 - |
LRB096 09480 HLH 19637 b |
|
|
1 |
| performance of services for the municipality or unit of local |
2 |
| government. Property
shall no longer be exempt under this |
3 |
| subsection as of the date when the right of
the
municipality or |
4 |
| unit of local government to use, control, and possess the
|
5 |
| property or to
require the performance of services is |
6 |
| terminated and the municipality or unit
of local
government no |
7 |
| longer has any option to purchase or otherwise reacquire the
|
8 |
| interest in
the property which was transferred by the |
9 |
| municipality or unit of local
government.
|
10 |
| (b) Notwithstanding anything in this Code to
the
contrary, |
11 |
| all property owned by a municipality with a population of over
|
12 |
| 500,000
inhabitants, or a unit of local government whose |
13 |
| jurisdiction includes
territory located in
whole or in part |
14 |
| within a municipality with a population of over 500,000
|
15 |
| inhabitants,
shall remain exempt from taxation and any |
16 |
| leasehold interest in that property
is not
subject to taxation |
17 |
| under Section 9-195 if the property, including dedicated public |
18 |
| property, is used by a municipality or other unit of local |
19 |
| government for the purpose of an airport or a harbor or parking |
20 |
| or for waste disposal or processing and is leased for continued |
21 |
| use for the same purpose to another entity whose property is |
22 |
| not exempt. |
23 |
| For the purposes of this subsection (b), "airport" does not |
24 |
| include any airport property, as defined under Section 10 of |
25 |
| the O'Hare Modernization Act. |
26 |
| Any transaction described under this subsection must be |
|
|
|
SB2115 Engrossed |
- 3 - |
LRB096 09480 HLH 19637 b |
|
|
1 |
| undertaken in accordance with all appropriate federal laws and |
2 |
| regulations. |
3 |
| (c) For purposes of this Section, "municipality" means a |
4 |
| municipality as defined
in
Section 1-1-2 of the Illinois |
5 |
| Municipal Code, and "unit of local government"
means a unit
of |
6 |
| local government as defined in Article VII, Section 1 of the |
7 |
| Constitution of
the State of
Illinois. The provisions of this |
8 |
| Section supersede and control over any
conflicting
provisions |
9 |
| of this Code.
|
10 |
| (Source: P.A. 93-19, eff. 6-20-03; 94-750, eff. 5-9-06.)
|
11 |
| Section 99. Effective date. This Act takes effect upon |
12 |
| becoming law.
|