Rep. Barbara Flynn Currie
Adopted in House on Mar 23, 2012
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1 | AMENDMENT TO HOUSE BILL 5761
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2 | AMENDMENT NO. ______. Amend House Bill 5761, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Property Tax Code is amended by changing | ||||||
6 | Sections 9-195, 15-35, 15-55, 15-60, 15-100, and 15-103 and by | ||||||
7 | adding Section 15-57 as follows:
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8 | (35 ILCS 200/9-195)
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9 | Sec. 9-195. Leasing of exempt property.
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10 | (a) Except as provided in Sections 15-35, 15-55, 15-57, | ||||||
11 | 15-60, 15-100,
15-103, and 15-185,
when property which is | ||||||
12 | exempt from taxation is leased to another whose property
is not | ||||||
13 | exempt, and the leasing of which does not make the property | ||||||
14 | taxable,
the leasehold estate and the appurtenances shall be | ||||||
15 | listed as the property of
the lessee thereof, or his or her | ||||||
16 | assignee. Taxes on that property shall be
collected in the same |
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1 | manner as on property that is not exempt, and the lessee
shall | ||||||
2 | be liable for those taxes. However, no tax lien shall attach to | ||||||
3 | the
exempt real estate. The changes made by this amendatory Act | ||||||
4 | of 1997 and by this
amendatory Act of the 91st General Assembly | ||||||
5 | are declaratory of existing law
and shall not be construed as a | ||||||
6 | new enactment. The changes made by Public Acts
88-221 and | ||||||
7 | 88-420 that are incorporated into this Section by this | ||||||
8 | amendatory
Act of 1993 are declarative of existing law and are | ||||||
9 | not a new enactment.
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10 | (b) The provisions of this Section regarding taxation of | ||||||
11 | leasehold interests
in exempt property do not apply to any | ||||||
12 | leasehold interest created pursuant to
any transaction | ||||||
13 | described in subsection (e) of Section 15-35, item (a) of | ||||||
14 | Section 15-35, Section 15-57, subsection (c-5)
of Section | ||||||
15 | 15-60, subsection (b) of Section 15-100, Section 15-103, or
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16 | Section 15-185.
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17 | (Source: P.A. 92-844, eff. 8-23-02; 92-846, eff.
8-23-02; | ||||||
18 | 93-19, eff. 6-20-03.)
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19 | (35 ILCS 200/15-35)
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20 | Sec. 15-35. Schools. All property donated by the United | ||||||
21 | States for school
purposes, and all property of schools, not | ||||||
22 | sold or leased or otherwise used
with a view to profit, is | ||||||
23 | exempt, whether owned by a resident or non-resident
of this | ||||||
24 | State or by a corporation incorporated in any state of the | ||||||
25 | United
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
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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;
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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;
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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
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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;
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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
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11 | use, control, and possess the property. In the case of a
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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.
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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:
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19 | (A) the right of the school district to use, | ||||||
20 | control,
and possess
the property is terminated;
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21 | (B) the school district no longer has an option | ||||||
22 | to
purchase or otherwise acquire the property; and
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23 | (C) there is no provision for a reverter of the | ||||||
24 | property to the school
district
within the | ||||||
25 | limitations period for reverters.
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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
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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.
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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.
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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
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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.
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11 | (Source: P.A. 91-513, eff. 8-13-99; 91-578, eff.
8-14-99; | ||||||
12 | 92-16, eff. 6-28-01.)
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13 | (35 ILCS 200/15-55)
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14 | Sec. 15-55. State property.
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15 | (a) All property belonging to the State of Illinois
is | ||||||
16 | exempt. However, the State agency holding title shall file the | ||||||
17 | certificate
of ownership and use required by Section 15-10, | ||||||
18 | together with a copy of any
written lease or agreement, in | ||||||
19 | effect on March 30 of the assessment year,
concerning parcels | ||||||
20 | of 1 acre or more, or an explanation of the terms of any
oral | ||||||
21 | agreement under which the property is leased, subleased or | ||||||
22 | rented.
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23 | The leased property shall be assessed to the lessee and the | ||||||
24 | taxes thereon
extended and billed to the lessee, and collected | ||||||
25 | in the same manner as
for property which is not exempt. The |
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1 | lessee shall be liable
for the taxes and no lien shall attach | ||||||
2 | to the property of the State.
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3 | For the purposes of this Section, the word "leases" | ||||||
4 | includes
licenses, franchises, operating agreements and other | ||||||
5 | arrangements under which
private individuals, associations or | ||||||
6 | corporations are granted the right to use
property of the | ||||||
7 | Illinois State Toll Highway Authority and includes all property
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8 | of the Authority used by others without regard to the size of | ||||||
9 | the leased
parcel.
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10 | (b) However, all property of every kind belonging to the | ||||||
11 | State of
Illinois, which
is or may hereafter be leased to the | ||||||
12 | Illinois Prairie Path Corporation, shall
be exempt from all | ||||||
13 | assessments, taxation or collection, despite the making of
any | ||||||
14 | such lease, if it is used for:
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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;
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22 | (3) the conservation of the proper use of natural
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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
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2 | (5) similar public recreational activities conducted | ||||||
3 | by the
Illinois
Prairie
Path Corporation.
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4 | No lien shall attach to the property of the State. No tax | ||||||
5 | liability shall
become the obligation of or be enforceable | ||||||
6 | against Illinois Prairie Path
Corporation.
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7 | (c) If the State sells the
James R.
Thompson Center
or the | ||||||
8 | Elgin Mental Health Center and surrounding land located at 750 | ||||||
9 | S.
State Street,
Elgin, Illinois, as provided in subdivision | ||||||
10 | (a)(2) of Section 7.4 of
the State Property Control Act,
to
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11 | another entity whose property is not exempt and immediately | ||||||
12 | thereafter enters
into a
leaseback or other agreement that | ||||||
13 | directly or indirectly gives the State a
right to use,
control, | ||||||
14 | and possess the property, that portion of the property leased | ||||||
15 | and
occupied exclusively by the State shall remain exempt under | ||||||
16 | this
Section.
For the property to remain exempt under this | ||||||
17 | subsection (c), the State must
retain an
option to purchase the | ||||||
18 | property at a future date or, within the limitations
period for
| ||||||
19 | reverters, the property must revert back to the State.
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20 | If the property has been conveyed as described in this | ||||||
21 | subsection (c), the
property
is no longer exempt pursuant to | ||||||
22 | this Section as of the date when:
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23 | (1) the right of the State to use, control, and possess | ||||||
24 | the property has
been
terminated; or
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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.
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3 | Pursuant to Sections 15-15 and 15-20 of this Code, the | ||||||
4 | State shall notify the
chief
county assessment officer of any | ||||||
5 | transaction under this subsection (c). The
chief county
| ||||||
6 | assessment officer shall determine initial and continuing | ||||||
7 | compliance with the
requirements of this Section for tax | ||||||
8 | exemption. Failure to notify the chief
county
assessment | ||||||
9 | officer of a transaction under this subsection (c) or to | ||||||
10 | otherwise
comply with
the requirements of Sections 15-15 and | ||||||
11 | 15-20 of this Code shall, in the
discretion of the
chief county | ||||||
12 | assessment officer, constitute cause to terminate the | ||||||
13 | exemption,
notwithstanding any other provision of this Code.
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14 | (c-1) If the Illinois State Toll Highway Authority sells | ||||||
15 | the
Illinois State Toll Highway Authority headquarters | ||||||
16 | building and surrounding
land,
located at 2700 Ogden Avenue, | ||||||
17 | Downers Grove, Illinois
as provided in subdivision (a)(2) of | ||||||
18 | Section 7.5 of
the State Property Control Act,
to
another | ||||||
19 | entity whose property is not exempt and immediately thereafter | ||||||
20 | enters
into a
leaseback or other agreement that directly or | ||||||
21 | indirectly gives the State or the
Illinois State Toll Highway | ||||||
22 | Authority a
right to use,
control, and possess the property, | ||||||
23 | that portion of the property leased and
occupied exclusively by | ||||||
24 | the State or the Authority shall remain exempt under
this
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25 | Section.
For the property to remain exempt under this | ||||||
26 | subsection (c), the Authority must
retain an
option to purchase |
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1 | the property at a future date or, within the limitations
period | ||||||
2 | for
reverters, the property must revert back to the Authority.
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3 | If the property has been conveyed as described in this | ||||||
4 | subsection (c), the
property
is no longer exempt pursuant to | ||||||
5 | this 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
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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 | ||||||
13 | Authority
shall notify the
chief
county assessment officer of | ||||||
14 | any transaction under this subsection (c). The
chief county
| ||||||
15 | assessment officer shall determine initial and continuing | ||||||
16 | compliance with the
requirements of this Section for tax | ||||||
17 | exemption. Failure to notify the chief
county
assessment | ||||||
18 | officer of a transaction under this subsection (c) or to | ||||||
19 | otherwise
comply with
the requirements of Sections 15-15 and | ||||||
20 | 15-20 of this Code shall, in the
discretion of the
chief county | ||||||
21 | assessment officer, constitute cause to terminate the | ||||||
22 | exemption,
notwithstanding any other provision of this Code.
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23 | (d) The fair market rent of each parcel of real property in | ||||||
24 | Will
County owned by the State of Illinois for the purpose of | ||||||
25 | developing an airport
by the Department of Transportation shall | ||||||
26 | include the assessed value of
leasehold tax. The lessee of each |
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1 | parcel of real property in Will
County owned by
the
State of | ||||||
2 | Illinois for the purpose of developing an airport by the | ||||||
3 | Department of
Transportation shall not be liable for the taxes | ||||||
4 | thereon. In order for the
State to
compensate taxing districts | ||||||
5 | for
the leasehold tax under this paragraph
the Will County | ||||||
6 | Supervisor of Assessments shall
certify, in
writing, to the
| ||||||
7 | Department of Transportation, the amount of leasehold taxes
| ||||||
8 | extended for the 2002 property tax
year for
each such exempt | ||||||
9 | parcel.
The Department of Transportation shall pay to the Will
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10 | County
Treasurer, from the Tax Recovery Fund, on or before July | ||||||
11 | 1 of each
year, the amount of leasehold taxes for each such | ||||||
12 | exempt parcel as certified
by the Will County Supervisor of | ||||||
13 | Assessments. The tax compensation shall
terminate
on
December | ||||||
14 | 31, 2020. It is the duty of the Department of Transportation to | ||||||
15 | file
with the
Office of the Will County Supervisor of | ||||||
16 | Assessments an affidavit stating the
termination
date for | ||||||
17 | rental of each such parcel due to airport construction. The | ||||||
18 | affidavit
shall include
the property identification number for | ||||||
19 | each such parcel. In no instance shall
tax
compensation for | ||||||
20 | property owned by the State be deemed delinquent or bear
| ||||||
21 | interest. In
no instance shall a lien attach to the property of | ||||||
22 | the State. In no instance
shall the State
be required to pay | ||||||
23 | leasehold tax compensation in excess of the Tax
Recovery Fund's | ||||||
24 | balance.
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25 | (e) Public Act 81-1026 applies to all leases or agreements | ||||||
26 | entered into
or
renewed on or after September 24, 1979.
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1 | (f) Notwithstanding anything to the contrary in this Code, | ||||||
2 | all property owned by the State that is the Illiana Expressway, | ||||||
3 | as defined in the Public Private Agreements for the Illiana | ||||||
4 | Expressway Act, and that is used for transportation purposes | ||||||
5 | and that is leased for those purposes to another entity whose | ||||||
6 | property is not exempt shall remain exempt, and any leasehold | ||||||
7 | interest in the property shall not be subject to taxation under | ||||||
8 | Section 9-195 of this Act. | ||||||
9 | (g) Notwithstanding anything to the contrary in this | ||||||
10 | Section, all property owned by the State or the Illinois State | ||||||
11 | Toll Highway Authority that is defined as a transportation | ||||||
12 | project under the Public-Private Partnerships for | ||||||
13 | Transportation Act and that is used for transportation purposes | ||||||
14 | and that is leased for those purposes to another entity whose | ||||||
15 | property is not exempt shall remain exempt, and any leasehold | ||||||
16 | interest in the property shall not be subject to taxation under | ||||||
17 | Section 9-195 of this Act. | ||||||
18 | (h) Notwithstanding any other provision of law, property | ||||||
19 | that is owned by the State and leased to a unit of local | ||||||
20 | government or a school district is exempt, and those leasehold | ||||||
21 | interests are exempt, from taxation under this Code or any | ||||||
22 | other provision of law. | ||||||
23 | (Source: P.A. 96-192, eff. 8-10-09; 96-913, eff. 6-9-10; | ||||||
24 | 97-502, eff. 8-23-11.)
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25 | (35 ILCS 200/15-57 new) |
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1 | Sec. 15-57. Government property leased to another | ||||||
2 | government entity. If property is owned by the State, a unit of | ||||||
3 | local government, or a school district and that property is | ||||||
4 | leased to the State, a unit of local government, or a school | ||||||
5 | district, then the property is exempt from taxation under this | ||||||
6 | Code and the leasehold interest is exempt from taxation under | ||||||
7 | this Code or under any other law. The provisions of this | ||||||
8 | Section apply notwithstanding any other provision of law.
| ||||||
9 | (35 ILCS 200/15-60)
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10 | Sec. 15-60. Taxing district property. All property | ||||||
11 | belonging to any county
or municipality used exclusively for | ||||||
12 | the maintenance of the poor is exempt,
as is all property owned | ||||||
13 | by a taxing district that is being held for future
expansion or | ||||||
14 | development, except if leased by the taxing district to lessees
| ||||||
15 | for 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;
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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 |
| |||||||
| |||||||
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 | ||||||
4 | corporate limits is
exempt if used exclusively for municipal or | ||||||
5 | public purposes.
| ||||||
6 | Notwithstanding any other provision of law, property that | ||||||
7 | is owned by a unit of local government and leased to the State, | ||||||
8 | another unit of local government, or a school district is | ||||||
9 | exempt, and those leasehold interests are exempt, from taxation | ||||||
10 | under this Code or any other provision of law. | ||||||
11 | For purposes of this Section, "municipality" means a | ||||||
12 | municipality, as
defined in Section 1-1-2 of the Illinois | ||||||
13 | Municipal 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 | ||||||
18 | created for the sole purpose of owning and operating a
| ||||||
19 | transportation system for public service is exempt.
| ||||||
20 | (b) Property owned by
(i) a municipal corporation of | ||||||
21 | 500,000 or more
inhabitants, used for public transportation | ||||||
22 | purposes, and
operated by the Chicago Transit Authority;
(ii) | ||||||
23 | the Regional Transportation Authority;
(iii) any
service board | ||||||
24 | or division of the Regional Transportation Authority; (iv) the
| ||||||
25 | Northeast Illinois Regional Commuter Railroad Corporation; or
|
| |||||||
| |||||||
1 | (v) the Chicago Transit Authority
shall be exempt.
For purposes | ||||||
2 | of this Section alone,
the Regional Transportation Authority, | ||||||
3 | any service board or division of the
Regional Transportation | ||||||
4 | Authority, the Northeast Illinois Regional Commuter
Railroad | ||||||
5 | Corporation, the Chicago Transit Authority, or a
municipal | ||||||
6 | corporation, as defined in item (i),
shall be deemed an | ||||||
7 | "eligible transportation authority". The
exemption provided in | ||||||
8 | this subsection shall not be affected by any transaction
in | ||||||
9 | which, for
the purpose of obtaining financing, the eligible | ||||||
10 | transportation authority,
directly or
indirectly, leases or | ||||||
11 | otherwise transfers such property to another whose
property is | ||||||
12 | not exempt and immediately thereafter enters into a leaseback | ||||||
13 | or
other agreement that directly or indirectly gives the | ||||||
14 | eligible transportation
authority
a right to use, control, and | ||||||
15 | possess the property. In the case of a conveyance
of such | ||||||
16 | property, the eligible transportation authority must retain an | ||||||
17 | option
to
purchase the property at a future date or, within the | ||||||
18 | limitations period for
reverters, the property must revert back | ||||||
19 | to the eligible transportation
authority.
| ||||||
20 | (c) If such property has been conveyed as described in | ||||||
21 | subsection (b), the
property will no longer be exempt pursuant | ||||||
22 | to 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 |
| |||||||
| |||||||
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 | ||||||
7 | eligible
transportation authority shall notify the chief | ||||||
8 | county assessment officer of
any transaction under subsection | ||||||
9 | (b) of this Section. The chief county
assessment officer shall
| ||||||
10 | determine initial and continuing compliance with the | ||||||
11 | requirements of this
Section for tax exemption. Failure to | ||||||
12 | notify the chief county assessment
officer of a transaction | ||||||
13 | under this Section or to otherwise comply with the
requirements | ||||||
14 | of Sections
15-15 and 15-20 of this Code shall, in the | ||||||
15 | discretion of the chief county
assessment officer, constitute | ||||||
16 | cause to terminate the exemption,
notwithstanding any other | ||||||
17 | provision of this Code.
| ||||||
18 | (d-5) Notwithstanding any other provision of law, if | ||||||
19 | property that is described in subsection (a) or (b) of this | ||||||
20 | Section is leased to the State, a unit of local government, or | ||||||
21 | a school district, then that property is exempt, and those | ||||||
22 | leasehold interests are exempt, from taxation under this Code | ||||||
23 | or any other provision of law. | ||||||
24 | (e) No provision of this Section shall be construed to | ||||||
25 | affect the obligation
of the eligible transportation authority | ||||||
26 | to which an exemption certificate has
been issued
under this |
| |||||||
| |||||||
1 | Section from its obligation under Section 15-10 of this Code to | ||||||
2 | file
an annual certificate of status or to notify the chief | ||||||
3 | county assessment
officer of transfers of interest or other | ||||||
4 | changes in the status of the property
as required by this Code.
| ||||||
5 | (f) The changes made by this amendatory Act of 1997 are | ||||||
6 | declarative of
existing law and shall not be construed as a new | ||||||
7 | enactment.
| ||||||
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 | ||||||
12 | the Missouri-Illinois Metropolitan District is
exempt.
| ||||||
13 | (b) The exemption under this Section is not affected by any
| ||||||
14 | transaction
in which, for
the purpose of obtaining financing, | ||||||
15 | the Agency,
directly or
indirectly, leases or otherwise | ||||||
16 | transfers the property to another for which or
whom property is | ||||||
17 | not exempt and immediately after the lease or transfer enters
| ||||||
18 | into a leaseback
or other agreement that directly or indirectly | ||||||
19 | gives the Agency a right to
use, control, and possess the | ||||||
20 | property. In the case of a
conveyance
of the property, the | ||||||
21 | Agency must retain an option
to
purchase the property at a | ||||||
22 | future date or, within the limitations period for
reverters, | ||||||
23 | the property must revert back to the Agency.
| ||||||
24 | (c) If the property has been conveyed as described in | ||||||
25 | subsection (b), the
property is no longer exempt under this |
| |||||||
| |||||||
1 | Section 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 | ||||||
10 | Agency
shall notify the chief county assessment officer of
any | ||||||
11 | transaction under subsection (b). The chief county
assessment | ||||||
12 | officer shall
determine initial and continuing compliance with | ||||||
13 | the requirements of this
Section for tax exemption. Failure to | ||||||
14 | notify the chief county assessment
officer of a transaction | ||||||
15 | under this Section or to otherwise comply with the
requirements | ||||||
16 | of Sections
15-15 and 15-20 of this Code shall, in the | ||||||
17 | discretion of the chief county
assessment officer, constitute | ||||||
18 | cause to terminate the exemption,
notwithstanding any other | ||||||
19 | provision of this Code.
| ||||||
20 | (d-5) Notwithstanding any other provision of law, property | ||||||
21 | that is owned by
the Bi-State
Development Agency of the | ||||||
22 | Missouri-Illinois Metropolitan District and leased to the | ||||||
23 | State, another unit of local government, or a school district | ||||||
24 | is exempt, and those leasehold interests are exempt, from | ||||||
25 | taxation under this Code or any other provision of law. | ||||||
26 | (e) No provision of this Section shall be construed to |
| |||||||
| |||||||
1 | affect the obligation
of the Agency
under Section 15-10 of this | ||||||
2 | Code to file
an annual certificate of status or to notify the | ||||||
3 | chief county assessment
officer of transfers of interest or | ||||||
4 | other changes in the status of the property
as required by this | ||||||
5 | Code.
| ||||||
6 | (Source: P.A. 91-513, eff. 8-13-99.)
| ||||||
7 | Section 90. The State Mandates Act is amended by adding | ||||||
8 | Section 8.36 as follows: | ||||||
9 | (30 ILCS 805/8.36 new) | ||||||
10 | Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
11 | of this Act, no reimbursement by the State is required for the | ||||||
12 | implementation of any mandate created by this amendatory Act of | ||||||
13 | the 97th General Assembly. | ||||||
14 | Section 95. Applicability. The changes made by this | ||||||
15 | amendatory Act of the 97th General Assembly apply to taxable | ||||||
16 | years 2010 and thereafter. In addition, those changes and | ||||||
17 | additions also apply to taxable years prior to 2010, but no | ||||||
18 | such taxes paid for any taxable year prior to 2010 need be | ||||||
19 | refunded. | ||||||
20 | Section 97. Severability. The provisions of this Act are | ||||||
21 | severable under Section 1.31 of the Statute on Statutes. |
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
|