Rep. Robert Martwick

Filed: 4/9/2019

 

 


 

 


 
10100HB2909ham001LRB101 09109 HLH 59503 a

1
AMENDMENT TO HOUSE BILL 2909

2    AMENDMENT NO. ______. Amend House Bill 2909 by replacing
3everything after the enacting clause with the following:
 
4    "Section 3. The Property Tax Code is amended by adding
5Section 9-195.1 as follows:
 
6    (35 ILCS 200/9-195.1 new)
7    Sec. 9-195.1. Leases of certain real property. If the
8property located at 558 West De Koven Street in Chicago becomes
9an asset of the Firemen's Annuity and Benefit Fund by operation
10of Section 6-165.3 of the Illinois Pension Code, and if the
11Fund subsequently leases the property to an entity whose
12property is not exempt, then the leasehold estate and the
13appurtenances shall be listed as the property of the lessee or
14his or her assignee. Taxes on that property shall be collected
15in the same manner as on property that is not exempt, and the
16lessee shall be liable for those taxes. However, no tax lien

 

 

10100HB2909ham001- 2 -LRB101 09109 HLH 59503 a

1shall attach to the exempt real estate.
 
2    Section 5. The Illinois Pension Code is amended by adding
3Section 6-165.3 as follows:
 
4    (40 ILCS 5/6-165.3 new)
5    Sec. 6-165.3. Use of certain real property. If the city
6discontinues use of the property located at 558 West De Koven
7Street in Chicago as an academy for the training of
8firefighters, the city shall, as soon as practicable, transfer
9the property to the Fund. The transferred property shall be
10considered an asset of the Fund, but shall not be considered as
11part of the city's required contribution under Section 6-165 in
12any year or to meet the funding obligation under Section
136-165.2 in any year. In administering the asset, the Fund shall
14exercise its fiduciary duties; however, in accordance with
15those fiduciary duties, the Fund shall prioritize uses that add
16value to the Chicago Fire Department and its membership. If the
17property is transferred to the Fund, the Fund may not sell that
18property without the affirmative vote of the three-fifths of
19the members of the board. The conveyance of the property
20located at 558 West De Koven Street in Chicago is an exclusive
21power and function of the State. This Section is a denial and
22limitation of home rule powers under subsection (h) of Section
236 of Article VII of the Illinois Constitution.
 

 

 

10100HB2909ham001- 3 -LRB101 09109 HLH 59503 a

1    Section 90. The State Mandates Act is amended by adding
2Section 8.43 as follows:
 
3    (30 ILCS 805/8.43 new)
4    Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
5of this Act, no reimbursement by the State is required for the
6implementation of any mandate created by this amendatory Act of
7the 101st General Assembly.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".