Full Text of SB0400 97th General Assembly
SB0400sam004 97TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 5/20/2011
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| 1 | | AMENDMENT TO SENATE BILL 400
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 400 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Section 15-185 as follows:
| 6 | | (35 ILCS 200/15-185)
| 7 | | Sec. 15-185. Exemption for leaseback property and | 8 | | qualified leased property.
| 9 | | (a) Notwithstanding anything in this Code to
the
contrary, | 10 | | all property owned by a municipality with a population of over
| 11 | | 500,000
inhabitants, a unit of local government whose | 12 | | jurisdiction includes
territory located in
whole or in part | 13 | | within a municipality with a population of over 500,000
| 14 | | inhabitants, or a municipality with home rule powers that is | 15 | | contiguous to a municipality with a population of over 500,000 | 16 | | inhabitants,
shall remain exempt from taxation and any |
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| 1 | | leasehold interest in that property
shall not be
subject to | 2 | | taxation under Section 9-195 if
the
property is directly or | 3 | | indirectly leased, sold, or otherwise transferred to
another | 4 | | entity
whose property is not exempt and immediately thereafter | 5 | | is the subject of a
leaseback or
other agreement that directly | 6 | | or indirectly gives the municipality or unit of
local
| 7 | | government (i) a right to use, control, and possess the | 8 | | property or (ii) a
right to require
the other entity, or the | 9 | | other entity's designee or assignee, to use the
property in the
| 10 | | performance of services for the municipality or unit of local | 11 | | government. Property
shall no longer be exempt under this | 12 | | subsection as of the date when the right of
the
municipality or | 13 | | unit of local government to use, control, and possess the
| 14 | | property or to
require the performance of services is | 15 | | terminated and the municipality or unit
of local
government no | 16 | | longer has any option to purchase or otherwise reacquire the
| 17 | | interest in
the property which was transferred by the | 18 | | municipality or unit of local
government.
| 19 | | (b) Notwithstanding anything in this Code to
the
contrary, | 20 | | all property owned by a municipality with a population of over
| 21 | | 500,000
inhabitants, a unit of local government whose | 22 | | jurisdiction includes
territory located in
whole or in part | 23 | | within a municipality with a population of over 500,000
| 24 | | inhabitants, or a municipality with home rule powers that is | 25 | | contiguous to a municipality with a population of over 500,000 | 26 | | inhabitants,
shall remain exempt from taxation and any |
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| 1 | | leasehold interest in that property
is not
subject to taxation | 2 | | under Section 9-195 if the property, including dedicated public | 3 | | property, is used by a municipality or other unit of local | 4 | | government for the purpose of an airport or parking or for | 5 | | waste disposal or processing and is leased for continued use | 6 | | for the same purpose to another entity whose property is not | 7 | | exempt. | 8 | | For the purposes of this subsection (b), "airport" does not | 9 | | include any airport property, as defined under Section 10 of | 10 | | the O'Hare Modernization Act. | 11 | | Any transaction described under this subsection must be | 12 | | undertaken in accordance with all appropriate federal laws and | 13 | | regulations. | 14 | | (c) For purposes of this Section, "municipality" means a | 15 | | municipality as defined
in
Section 1-1-2 of the Illinois | 16 | | Municipal Code, and "unit of local government"
means a unit
of | 17 | | local government as defined in Article VII, Section 1 of the | 18 | | Constitution of
the State of
Illinois. The provisions of this | 19 | | Section supersede and control over any
conflicting
provisions | 20 | | of this Code.
| 21 | | (d) Notwithstanding anything in this Code to the contrary, | 22 | | (i) all property owned by an entity using the property in such | 23 | | a manner that it is not subject to real estate taxes pursuant | 24 | | to this Article 15 is exempt from real estate taxes, and such | 25 | | exemption is not affected by any transaction in which the | 26 | | entity, directly or indirectly, on or after the effective date |
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| 1 | | of this amendatory Act of the 97th General Assembly, leases, | 2 | | sells, or otherwise transfers the property to another entity | 3 | | for which or for whom property is not exempt, with or without a | 4 | | right to repurchase that property, and immediately after the | 5 | | lease or transfer enters into a leaseback or other agreement | 6 | | that directly or indirectly gives the initial entity a right to | 7 | | use, control, and possess the property for purposes that would | 8 | | qualify the property for a non-homestead real estate tax | 9 | | exemption pursuant to this Article 15 by virtue of its use or | 10 | | (ii) where, on or after the effective date of this amendatory | 11 | | Act of the 97th General Assembly, an entity leases unimproved | 12 | | property from another for purposes that would be exempt under | 13 | | this Article 15 once improved, that property, including any | 14 | | improvements built on the property on or after the effective | 15 | | date of this amendatory Act of the 97th General Assembly, shall | 16 | | be exempt from real estate taxes for the term of the lease, or | 17 | | any extension thereof, without regard to the nature or | 18 | | character of ownership and shall be treated for purposes of | 19 | | this Article 15 as if the lessee were the owner of the | 20 | | property, as long as the property on which the leased | 21 | | improvements are or will be located is used for school, | 22 | | religious, or charitable purposes pursuant to that lease or any | 23 | | renewal thereof. Property used for military purposes is not | 24 | | subject to the terms of this Section. | 25 | | (e) Substantially all of the funds received from the | 26 | | conveyance of property subject to a leaseback agreement as |
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| 1 | | described in subsection (d) of this Section must be used for | 2 | | capital improvement projects and related capital expenditures | 3 | | and all funds raised shall be used within the State of | 4 | | Illinois. | 5 | | (f) To the extent allowable by law, all construction | 6 | | projects using the provisions of subsection (d) above shall be | 7 | | subject to the provisions of the Illinois Prevailing Wage Act | 8 | | for the initial construction of the improvements and all | 9 | | bidders for those projects shall comply with the provisions of | 10 | | Section 30-22 of the Illinois Procurement Code. | 11 | | (g) Project labor agreements for the construction projects | 12 | | referenced in subsection (f) above shall be required. | 13 | | (Source: P.A. 96-779, eff. 8-28-09.)
| 14 | | Section 97. Savings clause. If any provision of this Act or | 15 | | its application to any person or circumstance is held invalid | 16 | | by any Court of competent jurisdiction or any federal or State | 17 | | government agency having jurisdiction over the subject matter | 18 | | of this Act, the invalidity of that provision or application | 19 | | does not affect any other provisions or applications of this | 20 | | Act that can be given effect without the invalid provision or | 21 | | application which are severable under Section 1.31 of the | 22 | | Statute on Statutes.
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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