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Rep. Ed Sullivan
Filed: 5/7/2015
| | 09900SB0791ham001 | | LRB099 05102 AWJ 35215 a |
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| 1 | | AMENDMENT TO SENATE BILL 791
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 791 on page 1, |
| 3 | | immediately before line 4, by inserting the following:
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| 4 | | "Section 3. The Property Tax Code is amended by changing |
| 5 | | Section 9-195 as follows:
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| 6 | | (35 ILCS 200/9-195)
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| 7 | | Sec. 9-195. Leasing of exempt property.
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| 8 | | (a) Except as provided in Sections 15-35, 15-55, 15-60, |
| 9 | | 15-100,
15-103, 15-160, and 15-185,
when property which is |
| 10 | | exempt from taxation is leased to another whose property
is not |
| 11 | | exempt, and the leasing of which does not make the property |
| 12 | | taxable,
the leasehold estate and the appurtenances shall be |
| 13 | | listed as the property of
the lessee thereof, or his or her |
| 14 | | assignee. Taxes on that property shall be
collected in the same |
| 15 | | manner as on property that is not exempt, and the lessee
shall |
| 16 | | be liable for those taxes. However, no tax lien shall attach to |
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| | 09900SB0791ham001 | - 2 - | LRB099 05102 AWJ 35215 a |
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| 1 | | the
exempt real estate. The changes made by this amendatory Act |
| 2 | | of 1997 and by this
amendatory Act of the 91st General Assembly |
| 3 | | are declaratory of existing law
and shall not be construed as a |
| 4 | | new enactment. The changes made by Public Acts
88-221 and |
| 5 | | 88-420 that are incorporated into this Section by this |
| 6 | | amendatory
Act of 1993 are declarative of existing law and are |
| 7 | | not a new enactment.
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| 8 | | (b) The provisions of this Section regarding taxation of |
| 9 | | leasehold interests
in exempt property do not apply to any |
| 10 | | leasehold interest created pursuant to
any transaction |
| 11 | | described in subsection (e) of Section 15-35, subsection (c-5)
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| 12 | | of Section 15-60, subsection (b) of Section 15-100, Section |
| 13 | | 15-103, Section 15-160, or
Section 15-185, or Section 6c of the |
| 14 | | Downstate Forest Preserve District Act.
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| 15 | | (Source: P.A. 97-1161, eff. 6-1-13.)"; and
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| 16 | | on page 1, line 20, after "lease", by inserting "or sell"; and
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| 17 | | on page 2, by replacing line 7 with "shall not exceed 10 years |
| 18 | | in duration and shall expressly state that a non-exempt lessee |
| 19 | | is liable for the payment of property taxes under Section 9-195 |
| 20 | | of the Property Tax Code.".
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