97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3018
 
Introduced 2/23/2011, by Rep. Michael W. Tryon
 
SYNOPSIS AS INTRODUCED:
 


  
35 ILCS 200/10-167
    Amends the Property Tax Code concerning the valuation of land encumbered by conservation rights. Provides that land that is certified by the Department of Natural Resources as contributing to the groundwater recharge potential of certain aquifers is considered to provide a
demonstrated public benefit. Effective immediately.



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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB3018LRB097 08799 HLH 48929 b



1    AN ACT concerning revenue.

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


 
4    Section 5. The Property Tax Code is amended  by changing 
5Section 10-167 as follows:
 



6    (35 ILCS 200/10-167)



7    Sec. 10-167. Definition of public benefit; certification. 

8    (a) A conservation right on land shall be considered to 
9provide a
demonstrated public benefit if the Department of 
10Natural Resources certifies
that it protects in perpetuity at 
11least one of the
following:


12        (1) Land providing a regular opportunity for public 
13    access to outdoor
recreation or outdoor education.


14        (2) Land preserving habitat for State or federal 
15    endangered or threatened
species or federal candidate 
16    species as defined in the Code of
Federal Regulations (50 
17    CFR 424.02).


18        (3) Land identified in the Illinois Natural Areas 
19    Inventory.


20        (4) Land determined to be eligible for registration 
21    under Section 16 of
the Illinois Natural Areas Preservation 
22    Act.


23        (5) Land contributing to the ecological viability of a 
 
 
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1    park, conservation
area, nature preserve, or other high 
2    quality native terrestrial or aquatic area
that is publicly 
3    owned or otherwise protected.


4        (6) Land included in, or consistent with a federal, 
5    State, regional, or
local government policy or plan for the 
6    conservation of wildlife habitat or
open space, for the 
7    restoration or protection of lakes and streams, or for the

8    protection of scenic areas.
9        (7) Land contributing to the groundwater recharge 
10    potential of an aquifer, if the land is located in a county 
11    where groundwater aquifers have been adequately mapped and 
12    identified as aquifers where recharge potential is 
13    essential because the adequacy of groundwater is at risk, 
14    as determined by the Illinois State Geological Survey or 
15    the Illinois State Water Survey.


16    (b) The person liable for taxes on the land shall submit an 
17application to
the Department of Natural Resources requesting 
18certification that the land
meets one of the criteria 
19established in subsection (a).  The application shall
be in a 
20form furnished by the Department of Natural Resources.  Within 
2130 days
of receipt of a complete and correct application for 
22certification, the
Department of Natural Resources shall 
23determine whether the land encumbered by
a conservation right 
24provides a demonstrated public benefit and shall inform
the 
25applicant in writing of the decision.

26(Source: P.A. 91-357, eff. 7-29-99.)

 

 
 
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1    Section 99. Effective date. This Act takes effect upon 
2becoming law.