99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2549

 

Introduced 2/16/2016, by Sen. Antonio Muņoz

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/10-155

    Amends the Property Tax Code. Makes changes concerning open space valuation for privately-owned public golf course property located in a county with more than 3,000,000 inhabitants. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 10-155 as follows:
 
6    (35 ILCS 200/10-155)
7    Sec. 10-155. Open space land; valuation.
8    (a) In all counties, in addition to valuation as otherwise
9permitted by law, land which is used for open space purposes
10and has been so used for the 3 years immediately preceding the
11year in which the assessment is made, upon application under
12Section 10-160, shall be valued on the basis of its fair cash
13value, estimated at the price it would bring at a fair,
14voluntary sale for use by the buyer for open space purposes.
15    Land is considered used for open space purposes if it is
16more than 10 acres in area and:
17        (a) is actually and exclusively used for maintaining or
18    enhancing natural or scenic resources,
19        (b) protects air or streams or water supplies,
20        (c) promotes conservation of soil, wetlands, beaches,
21    or marshes, including ground cover or planted perennial
22    grasses, trees and shrubs and other natural perennial
23    growth, and including any body of water, whether man-made

 

 

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1    or natural,
2        (d) conserves landscaped areas, such as public or
3    private golf courses,
4        (e) enhances the value to the public of abutting or
5    neighboring parks, forests, wildlife preserves, nature
6    reservations, sanctuaries, or other open spaces, or
7        (f) preserves historic sites.
8    Land is not considered used for open space purposes if it
9is used primarily for residential purposes.
10    If the land is improved with a water-retention dam that is
11operated primarily for commercial purposes, the
12water-retention dam is not considered to be used for open space
13purposes despite the fact that any resulting man-made lake may
14be considered to be used for open space purposes under this
15Section.
16    (b) In the case of privately-owned public golf course
17property located in a county with more than 3,000,000
18inhabitants:
19        (1) buildings, structures, roadways, driving ranges,
20    parking areas, ponds, and improvements that are used to
21    support golf operations are considered used for open space
22    purposes;
23        (2) a limit of 15,000 square feet of a club house,
24    excluding any pro shop within the building, is considered
25    used for open space purposes;
26        (3) privately-owned public golf course property,

 

 

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1    including the property described in items (1) and (2),
2    shall not be considered used for open space purposes unless
3    85% of the property's revenue is derived from golf-related
4    activity during the taxable year; all income, benefit, or
5    value derived from the use of the property shall be
6    included in determining the revenue of the property.
7    For the purposes of this subsection (b), "golf course
8property" means one or more courses with any number of holes
9under common ownership and operating on one or several
10contiguous parcels of land.
11(Source: P.A. 95-70, eff. 1-1-08.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.