Rep. Barbara Flynn Currie

Adopted in House on Mar 23, 2012

 

 


 

 


 
09700HB5761ham002LRB097 19354 HLH 67641 a

1
AMENDMENT TO HOUSE BILL 5761

2    AMENDMENT NO. ______. Amend House Bill 5761, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Property Tax Code is amended by changing
6Sections 9-195, 15-35, 15-55, 15-60, 15-100, and 15-103 and by
7adding Section 15-57 as follows:
 
8    (35 ILCS 200/9-195)
9    Sec. 9-195. Leasing of exempt property.
10    (a) Except as provided in Sections 15-35, 15-55, 15-57,
1115-60, 15-100, 15-103, and 15-185, when property which is
12exempt from taxation is leased to another whose property is not
13exempt, and the leasing of which does not make the property
14taxable, the leasehold estate and the appurtenances shall be
15listed as the property of the lessee thereof, or his or her
16assignee. Taxes on that property shall be collected in the same

 

 

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1manner as on property that is not exempt, and the lessee shall
2be liable for those taxes. However, no tax lien shall attach to
3the exempt real estate. The changes made by this amendatory Act
4of 1997 and by this amendatory Act of the 91st General Assembly
5are declaratory of existing law and shall not be construed as a
6new enactment. The changes made by Public Acts 88-221 and
788-420 that are incorporated into this Section by this
8amendatory Act of 1993 are declarative of existing law and are
9not a new enactment.
10    (b) The provisions of this Section regarding taxation of
11leasehold interests in exempt property do not apply to any
12leasehold interest created pursuant to any transaction
13described in subsection (e) of Section 15-35, item (a) of
14Section 15-35, Section 15-57, subsection (c-5) of Section
1515-60, subsection (b) of Section 15-100, Section 15-103, or
16Section 15-185.
17(Source: P.A. 92-844, eff. 8-23-02; 92-846, eff. 8-23-02;
1893-19, eff. 6-20-03.)
 
19    (35 ILCS 200/15-35)
20    Sec. 15-35. Schools. All property donated by the United
21States for school purposes, and all property of schools, not
22sold or leased or otherwise used with a view to profit, is
23exempt, whether owned by a resident or non-resident of this
24State or by a corporation incorporated in any state of the
25United States. Also exempt is:

 

 

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1        (a) property, along with the leasehold interest in that
2    property, of schools which is leased to the State, a unit
3    of local government, or school district municipality to be
4    used for governmental municipal purposes on a
5    not-for-profit basis;
6        (b) property of schools on which the schools are
7    located and any other property of schools used by the
8    schools exclusively for school purposes, including, but
9    not limited to, student residence halls, dormitories and
10    other housing facilities for students and their spouses and
11    children, staff housing facilities, and school-owned and
12    operated dormitory or residence halls occupied in whole or
13    in part by students who belong to fraternities, sororities,
14    or other campus organizations;
15        (c) property donated, granted, received or used for
16    public school, college, theological seminary, university,
17    or other educational purposes, whether held in trust or
18    absolutely;
19        (d) in counties with more than 200,000 inhabitants
20    which classify property, property (including interests in
21    land and other facilities) on or adjacent to (even if
22    separated by a public street, alley, sidewalk, parkway or
23    other public way) the grounds of a school, if that property
24    is used by an academic, research or professional society,
25    institute, association or organization which serves the
26    advancement of learning in a field or fields of study

 

 

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1    taught by the school and which property is not used with a
2    view to profit;
3        (e) property owned by a school district. The exemption
4    under this subsection is not affected by any transaction in
5    which, for the purpose of obtaining financing, the school
6    district, directly or indirectly, leases or otherwise
7    transfers the property to another for which or whom
8    property is not exempt and immediately after the lease or
9    transfer enters into a leaseback or other agreement that
10    directly or indirectly gives the school district a right to
11    use, control, and possess the property. In the case of a
12    conveyance of the property, the school district must retain
13    an option to purchase the property at a future date or,
14    within the limitations period for reverters, the property
15    must revert back to the school district.
16            (1) If the property has been conveyed as described
17        in this subsection, the property is no longer exempt
18        under this Section as of the date when:
19                (A) the right of the school district to use,
20            control, and possess the property is terminated;
21                (B) the school district no longer has an option
22            to purchase or otherwise acquire the property; and
23                (C) there is no provision for a reverter of the
24            property to the school district within the
25            limitations period for reverters.
26            (2) Pursuant to Sections 15-15 and 15-20 of this

 

 

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1        Code, the school district shall notify the chief county
2        assessment officer of any transaction under this
3        subsection. The chief county assessment officer shall
4        determine initial and continuing compliance with the
5        requirements of this subsection for tax exemption.
6        Failure to notify the chief county assessment officer
7        of a transaction under this subsection or to otherwise
8        comply with the requirements of Sections 15-15 and
9        15-20 of this Code shall, in the discretion of the
10        chief county assessment officer, constitute cause to
11        terminate the exemption, notwithstanding any other
12        provision of this Code.
13            (3) No provision of this subsection shall be
14        construed to affect the obligation of the school
15        district to which an exemption certificate has been
16        issued under this Section from its obligation under
17        Section 15-10 of this Code to file an annual
18        certificate of status or to notify the chief county
19        assessment officer of transfers of interest or other
20        changes in the status of the property as required by
21        this Code.
22            (4) The changes made by this amendatory Act of the
23        91st General Assembly are declarative of existing law
24        and shall not be construed as a new enactment; and
25        (f) in counties with more than 200,000 inhabitants
26    which classify property, property of a corporation, which

 

 

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1    is an exempt entity under paragraph (3) of Section 501(c)
2    of the Internal Revenue Code or its successor law, used by
3    the corporation for the following purposes: (1) conducting
4    continuing education for professional development of
5    personnel in energy-related industries; (2) maintaining a
6    library of energy technology information available to
7    students and the public free of charge; and (3) conducting
8    research in energy and environment, which research results
9    could be ultimately accessible to persons involved in
10    education.
11(Source: P.A. 91-513, eff. 8-13-99; 91-578, eff. 8-14-99;
1292-16, eff. 6-28-01.)
 
13    (35 ILCS 200/15-55)
14    Sec. 15-55. State property.
15    (a) All property belonging to the State of Illinois is
16exempt. However, the State agency holding title shall file the
17certificate of ownership and use required by Section 15-10,
18together with a copy of any written lease or agreement, in
19effect on March 30 of the assessment year, concerning parcels
20of 1 acre or more, or an explanation of the terms of any oral
21agreement under which the property is leased, subleased or
22rented.
23    The leased property shall be assessed to the lessee and the
24taxes thereon extended and billed to the lessee, and collected
25in the same manner as for property which is not exempt. The

 

 

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1lessee shall be liable for the taxes and no lien shall attach
2to the property of the State.
3    For the purposes of this Section, the word "leases"
4includes licenses, franchises, operating agreements and other
5arrangements under which private individuals, associations or
6corporations are granted the right to use property of the
7Illinois State Toll Highway Authority and includes all property
8of the Authority used by others without regard to the size of
9the leased parcel.
10    (b) However, all property of every kind belonging to the
11State of Illinois, which is or may hereafter be leased to the
12Illinois Prairie Path Corporation, shall be exempt from all
13assessments, taxation or collection, despite the making of any
14such lease, if it is used for:
15        (1) conservation, nature trail or any other
16    charitable, scientific, educational or recreational
17    purposes with public benefit, including the preserving and
18    aiding in the preservation of natural areas, objects,
19    flora, fauna or biotic communities;
20        (2) the establishment of footpaths, trails and other
21    protected areas;
22        (3) the conservation of the proper use of natural
23    resources or the promotion of the study of plant and animal
24    communities and of other phases of ecology, natural history
25    and conservation;
26        (4) the promotion of education in the fields of nature,

 

 

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1    preservation and conservation; or
2        (5) similar public recreational activities conducted
3    by the Illinois Prairie Path Corporation.
4    No lien shall attach to the property of the State. No tax
5liability shall become the obligation of or be enforceable
6against Illinois Prairie Path Corporation.
7    (c) If the State sells the James R. Thompson Center or the
8Elgin Mental Health Center and surrounding land located at 750
9S. State Street, Elgin, Illinois, as provided in subdivision
10(a)(2) of Section 7.4 of the State Property Control Act, to
11another entity whose property is not exempt and immediately
12thereafter enters into a leaseback or other agreement that
13directly or indirectly gives the State a right to use, control,
14and possess the property, that portion of the property leased
15and occupied exclusively by the State shall remain exempt under
16this Section. For the property to remain exempt under this
17subsection (c), the State must retain an option to purchase the
18property at a future date or, within the limitations period for
19reverters, the property must revert back to the State.
20    If the property has been conveyed as described in this
21subsection (c), the property is no longer exempt pursuant to
22this Section as of the date when:
23        (1) the right of the State to use, control, and possess
24    the property has been terminated; or
25        (2) the State no longer has an option to purchase or
26    otherwise acquire the property and there is no provision

 

 

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1    for a reverter of the property to the State within the
2    limitations period for reverters.
3    Pursuant to Sections 15-15 and 15-20 of this Code, the
4State shall notify the chief county assessment officer of any
5transaction under this subsection (c). The chief county
6assessment officer shall determine initial and continuing
7compliance with the requirements of this Section for tax
8exemption. Failure to notify the chief county assessment
9officer of a transaction under this subsection (c) or to
10otherwise comply with the requirements of Sections 15-15 and
1115-20 of this Code shall, in the discretion of the chief county
12assessment officer, constitute cause to terminate the
13exemption, notwithstanding any other provision of this Code.
14    (c-1) If the Illinois State Toll Highway Authority sells
15the Illinois State Toll Highway Authority headquarters
16building and surrounding land, located at 2700 Ogden Avenue,
17Downers Grove, Illinois as provided in subdivision (a)(2) of
18Section 7.5 of the State Property Control Act, to another
19entity whose property is not exempt and immediately thereafter
20enters into a leaseback or other agreement that directly or
21indirectly gives the State or the Illinois State Toll Highway
22Authority a right to use, control, and possess the property,
23that portion of the property leased and occupied exclusively by
24the State or the Authority shall remain exempt under this
25Section. For the property to remain exempt under this
26subsection (c), the Authority must retain an option to purchase

 

 

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1the property at a future date or, within the limitations period
2for reverters, the property must revert back to the Authority.
3    If the property has been conveyed as described in this
4subsection (c), the property is no longer exempt pursuant to
5this Section as of the date when:
6        (1) the right of the State or the Authority to use,
7    control, and possess the property has been terminated; or
8        (2) the Authority no longer has an option to purchase
9    or otherwise acquire the property and there is no provision
10    for a reverter of the property to the Authority within the
11    limitations period for reverters.
12    Pursuant to Sections 15-15 and 15-20 of this Code, the
13Authority shall notify the chief county assessment officer of
14any transaction under this subsection (c). The chief county
15assessment officer shall determine initial and continuing
16compliance with the requirements of this Section for tax
17exemption. Failure to notify the chief county assessment
18officer of a transaction under this subsection (c) or to
19otherwise comply with the requirements of Sections 15-15 and
2015-20 of this Code shall, in the discretion of the chief county
21assessment officer, constitute cause to terminate the
22exemption, notwithstanding any other provision of this Code.
23    (d) The fair market rent of each parcel of real property in
24Will County owned by the State of Illinois for the purpose of
25developing an airport by the Department of Transportation shall
26include the assessed value of leasehold tax. The lessee of each

 

 

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1parcel of real property in Will County owned by the State of
2Illinois for the purpose of developing an airport by the
3Department of Transportation shall not be liable for the taxes
4thereon. In order for the State to compensate taxing districts
5for the leasehold tax under this paragraph the Will County
6Supervisor of Assessments shall certify, in writing, to the
7Department of Transportation, the amount of leasehold taxes
8extended for the 2002 property tax year for each such exempt
9parcel. The Department of Transportation shall pay to the Will
10County Treasurer, from the Tax Recovery Fund, on or before July
111 of each year, the amount of leasehold taxes for each such
12exempt parcel as certified by the Will County Supervisor of
13Assessments. The tax compensation shall terminate on December
1431, 2020. It is the duty of the Department of Transportation to
15file with the Office of the Will County Supervisor of
16Assessments an affidavit stating the termination date for
17rental of each such parcel due to airport construction. The
18affidavit shall include the property identification number for
19each such parcel. In no instance shall tax compensation for
20property owned by the State be deemed delinquent or bear
21interest. In no instance shall a lien attach to the property of
22the State. In no instance shall the State be required to pay
23leasehold tax compensation in excess of the Tax Recovery Fund's
24balance.
25    (e) Public Act 81-1026 applies to all leases or agreements
26entered into or renewed on or after September 24, 1979.

 

 

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1    (f) Notwithstanding anything to the contrary in this Code,
2all property owned by the State that is the Illiana Expressway,
3as defined in the Public Private Agreements for the Illiana
4Expressway Act, and that is used for transportation purposes
5and that is leased for those purposes to another entity whose
6property is not exempt shall remain exempt, and any leasehold
7interest in the property shall not be subject to taxation under
8Section 9-195 of this Act.
9    (g) Notwithstanding anything to the contrary in this
10Section, all property owned by the State or the Illinois State
11Toll Highway Authority that is defined as a transportation
12project under the Public-Private Partnerships for
13Transportation Act and that is used for transportation purposes
14and that is leased for those purposes to another entity whose
15property is not exempt shall remain exempt, and any leasehold
16interest in the property shall not be subject to taxation under
17Section 9-195 of this Act.
18    (h) Notwithstanding any other provision of law, property
19that is owned by the State and leased to a unit of local
20government or a school district is exempt, and those leasehold
21interests are exempt, from taxation under this Code or any
22other provision of law.
23(Source: P.A. 96-192, eff. 8-10-09; 96-913, eff. 6-9-10;
2497-502, eff. 8-23-11.)
 
25    (35 ILCS 200/15-57 new)

 

 

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1    Sec. 15-57. Government property leased to another
2government entity. If property is owned by the State, a unit of
3local government, or a school district and that property is
4leased to the State, a unit of local government, or a school
5district, then the property is exempt from taxation under this
6Code and the leasehold interest is exempt from taxation under
7this Code or under any other law. The provisions of this
8Section apply notwithstanding any other provision of law.
 
9    (35 ILCS 200/15-60)
10    Sec. 15-60. Taxing district property. All property
11belonging to any county or municipality used exclusively for
12the maintenance of the poor is exempt, as is all property owned
13by a taxing district that is being held for future expansion or
14development, except if leased by the taxing district to lessees
15for use for other than public purposes.
16    Also exempt are:
17        (a) all swamp or overflowed lands belonging to any
18    county;
19        (b) all public buildings belonging to any county,
20    township, or municipality, with the ground on which the
21    buildings are erected;
22        (c) all property owned by any municipality located
23    within its incorporated limits. Any such property leased by
24    a municipality shall remain exempt, and the leasehold
25    interest of the lessee shall be assessed under Section

 

 

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1    9-195 of this Act, (i) for a lease entered into on or after
2    January 1, 1994, unless the lease expressly provides that
3    this exemption shall not apply; (ii) for a lease entered
4    into on or after the effective date of Public Act 87-1280
5    and before January 1, 1994, unless the lease expressly
6    provides that this exemption shall not apply or unless
7    evidence other than the lease itself substantiates the
8    intent of the parties to the lease that this exemption
9    shall not apply; and (iii) for a lease entered into before
10    the effective date of Public Act 87-1280, if the terms of
11    the lease do not bind the lessee to pay the taxes on the
12    leased property or if, notwithstanding the terms of the
13    lease, the municipality has filed or hereafter files a
14    timely exemption petition or complaint with respect to
15    property consisting of or including the leased property for
16    an assessment year which includes part or all of the first
17    12 months of the lease period. The foregoing clause (iii)
18    added by Public Act 87-1280 shall not operate to exempt
19    property for any assessment year as to which no timely
20    exemption petition or complaint has been filed by the
21    municipality or as to which an administrative or court
22    decision denying exemption has become final and
23    nonappealable. For each assessment year or portion thereof
24    that property is made exempt by operation of the foregoing
25    clause (iii), whether such year or portion is before or
26    after the effective date of Public Act 87-1280, the

 

 

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1    leasehold interest of the lessee shall, if necessary, be
2    considered omitted property for purposes of this Act;
3        (c-5) Notwithstanding clause (i) of subsection (c),
4    all property owned by a municipality with a population of
5    over 500,000 that is used for toll road or toll bridge
6    purposes and that is leased for those purposes to another
7    entity whose property is not exempt shall remain exempt,
8    and any leasehold interest in the property shall not be
9    subject to taxation under Section 9-195 of this Act;
10        (d) all property owned by any municipality located
11    outside its incorporated limits but within the same county
12    when used as a tuberculosis sanitarium, farm colony in
13    connection with a house of correction, or nursery, garden,
14    or farm, or for the growing of shrubs, trees, flowers,
15    vegetables, and plants for use in beautifying,
16    maintaining, and operating playgrounds, parks, parkways,
17    public grounds, buildings, and institutions owned or
18    controlled by the municipality; and
19        (e) all property owned by a township and operated as
20    senior citizen housing under Sections 35-50 through
21    35-50.6 of the Township Code; and .
22        (f) all property owned by the Executive Board of the
23    Mutual Aid Box Alarm System (MABAS), a unit of
24    intergovernmental cooperation, that is used for the public
25    purpose of disaster preparedness and response for units of
26    local government and the State of Illinois pursuant to

 

 

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1    Section 10 of Article VII of the Illinois Constitution and
2    the Intergovernmental Cooperation Act.
3    All property owned by any municipality outside of its
4corporate limits is exempt if used exclusively for municipal or
5public purposes.
6    Notwithstanding any other provision of law, property that
7is owned by a unit of local government and leased to the State,
8another unit of local government, or a school district is
9exempt, and those leasehold interests are exempt, from taxation
10under this Code or any other provision of law.
11    For purposes of this Section, "municipality" means a
12municipality, as defined in Section 1-1-2 of the Illinois
13Municipal Code.
14(Source: P.A. 92-844, eff. 8-23-02; 92-846, eff. 8-23-02.)
 
15    (35 ILCS 200/15-100)
16    Sec. 15-100. Public transportation systems.
17    (a) All property belonging to any municipal corporation
18created for the sole purpose of owning and operating a
19transportation system for public service is exempt.
20    (b) Property owned by (i) a municipal corporation of
21500,000 or more inhabitants, used for public transportation
22purposes, and operated by the Chicago Transit Authority; (ii)
23the Regional Transportation Authority; (iii) any service board
24or division of the Regional Transportation Authority; (iv) the
25Northeast Illinois Regional Commuter Railroad Corporation; or

 

 

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1(v) the Chicago Transit Authority shall be exempt. For purposes
2of this Section alone, the Regional Transportation Authority,
3any service board or division of the Regional Transportation
4Authority, the Northeast Illinois Regional Commuter Railroad
5Corporation, the Chicago Transit Authority, or a municipal
6corporation, as defined in item (i), shall be deemed an
7"eligible transportation authority". The exemption provided in
8this subsection shall not be affected by any transaction in
9which, for the purpose of obtaining financing, the eligible
10transportation authority, directly or indirectly, leases or
11otherwise transfers such property to another whose property is
12not exempt and immediately thereafter enters into a leaseback
13or other agreement that directly or indirectly gives the
14eligible transportation authority a right to use, control, and
15possess the property. In the case of a conveyance of such
16property, the eligible transportation authority must retain an
17option to purchase the property at a future date or, within the
18limitations period for reverters, the property must revert back
19to the eligible transportation authority.
20    (c) If such property has been conveyed as described in
21subsection (b), the property will no longer be exempt pursuant
22to this Section as of the date when:
23        (1) the right of the eligible transportation authority
24    to use, control, and possess the property has been
25    terminated;
26        (2) the eligible transportation authority no longer

 

 

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1    has an option to purchase or otherwise acquire the
2    property; and
3        (3) there is no provision for a reverter of the
4    property to the eligible transportation authority within
5    the limitations period for reverters.
6    (d) Pursuant to Sections 15-15 and 15-20 of this Code, the
7eligible transportation authority shall notify the chief
8county assessment officer of any transaction under subsection
9(b) of this Section. The chief county assessment officer shall
10determine initial and continuing compliance with the
11requirements of this Section for tax exemption. Failure to
12notify the chief county assessment officer of a transaction
13under this Section or to otherwise comply with the requirements
14of Sections 15-15 and 15-20 of this Code shall, in the
15discretion of the chief county assessment officer, constitute
16cause to terminate the exemption, notwithstanding any other
17provision of this Code.
18    (d-5) Notwithstanding any other provision of law, if
19property that is described in subsection (a) or (b) of this
20Section is leased to the State, a unit of local government, or
21a school district, then that property is exempt, and those
22leasehold interests are exempt, from taxation under this Code
23or any other provision of law.
24    (e) No provision of this Section shall be construed to
25affect the obligation of the eligible transportation authority
26to which an exemption certificate has been issued under this

 

 

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1Section from its obligation under Section 15-10 of this Code to
2file an annual certificate of status or to notify the chief
3county assessment officer of transfers of interest or other
4changes in the status of the property as required by this Code.
5    (f) The changes made by this amendatory Act of 1997 are
6declarative of existing law and shall not be construed as a new
7enactment.
8(Source: P.A. 90-562, eff. 12-16-97.)
 
9    (35 ILCS 200/15-103)
10    Sec. 15-103. Bi-State Development Agency.
11    (a) Property owned by the Bi-State Development Agency of
12the Missouri-Illinois Metropolitan District is exempt.
13    (b) The exemption under this Section is not affected by any
14transaction in which, for the purpose of obtaining financing,
15the Agency, directly or indirectly, leases or otherwise
16transfers the property to another for which or whom property is
17not exempt and immediately after the lease or transfer enters
18into a leaseback or other agreement that directly or indirectly
19gives the Agency a right to use, control, and possess the
20property. In the case of a conveyance of the property, the
21Agency must retain an option to purchase the property at a
22future date or, within the limitations period for reverters,
23the property must revert back to the Agency.
24    (c) If the property has been conveyed as described in
25subsection (b), the property is no longer exempt under this

 

 

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1Section as of the date when:
2        (1) the right of the Agency to use, control, and
3    possess the property is terminated;
4        (2) the Agency no longer has an option to purchase or
5    otherwise acquire the property; and
6        (3) there is no provision for a reverter of the
7    property to the Agency within the limitations period for
8    reverters.
9    (d) Pursuant to Sections 15-15 and 15-20 of this Code, the
10Agency shall notify the chief county assessment officer of any
11transaction under subsection (b). The chief county assessment
12officer shall determine initial and continuing compliance with
13the requirements of this Section for tax exemption. Failure to
14notify the chief county assessment officer of a transaction
15under this Section or to otherwise comply with the requirements
16of Sections 15-15 and 15-20 of this Code shall, in the
17discretion of the chief county assessment officer, constitute
18cause to terminate the exemption, notwithstanding any other
19provision of this Code.
20    (d-5) Notwithstanding any other provision of law, property
21that is owned by the Bi-State Development Agency of the
22Missouri-Illinois Metropolitan District and leased to the
23State, another unit of local government, or a school district
24is exempt, and those leasehold interests are exempt, from
25taxation under this Code or any other provision of law.
26    (e) No provision of this Section shall be construed to

 

 

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1affect the obligation of the Agency under Section 15-10 of this
2Code to file an annual certificate of status or to notify the
3chief county assessment officer of transfers of interest or
4other changes in the status of the property as required by this
5Code.
6(Source: P.A. 91-513, eff. 8-13-99.)
 
7    Section 90. The State Mandates Act is amended by adding
8Section 8.36 as follows:
 
9    (30 ILCS 805/8.36 new)
10    Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8
11of this Act, no reimbursement by the State is required for the
12implementation of any mandate created by this amendatory Act of
13the 97th General Assembly.
 
14    Section 95. Applicability. The changes made by this
15amendatory Act of the 97th General Assembly apply to taxable
16years 2010 and thereafter. In addition, those changes and
17additions also apply to taxable years prior to 2010, but no
18such taxes paid for any taxable year prior to 2010 need be
19refunded.
 
20    Section 97. Severability. The provisions of this Act are
21severable under Section 1.31 of the Statute on Statutes.
 

 

 

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