Full Text of HB3159 99th General Assembly
HB3159sam001 99TH GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 5/20/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3159
| 2 | | AMENDMENT NO. ______. Amend House Bill 3159 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Section 18-165 as follows:
| 6 | | (35 ILCS 200/18-165)
| 7 | | Sec. 18-165. Abatement of taxes.
| 8 | | (a) Any taxing district, upon a majority vote of its | 9 | | governing authority,
may, after the determination of the | 10 | | assessed valuation of its property, order
the clerk of that | 11 | | county to abate any portion of its taxes on the following
types | 12 | | of property:
| 13 | | (1) Commercial and industrial.
| 14 | | (A) The property of any commercial or industrial | 15 | | firm,
including but not limited to the property of (i) | 16 | | any firm that
is used for collecting, separating, |
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| 1 | | storing, or processing recyclable
materials, locating | 2 | | within the taxing district during the immediately | 3 | | preceding
year from another state, territory, or | 4 | | country, or having been newly created
within this State | 5 | | during the immediately preceding year, or expanding an
| 6 | | existing facility, or (ii) any firm that is used for | 7 | | the generation and
transmission of
electricity | 8 | | locating within the taxing district during the | 9 | | immediately
preceding year or expanding its presence | 10 | | within the taxing district during the
immediately | 11 | | preceding year by construction of a new electric | 12 | | generating
facility that uses natural gas as its fuel, | 13 | | or any firm that is used for
production operations at a | 14 | | new,
expanded, or reopened coal mine within the taxing | 15 | | district, that
has been certified as a High Impact | 16 | | Business by the Illinois Department of
Commerce and | 17 | | Economic Opportunity. The property of any firm used for | 18 | | the
generation and transmission of electricity shall | 19 | | include all property of the
firm used for transmission | 20 | | facilities as defined in Section 5.5 of the Illinois
| 21 | | Enterprise Zone Act. The abatement shall not exceed a | 22 | | period of 10 years
and the aggregate amount of abated | 23 | | taxes for all taxing districts combined
shall not | 24 | | exceed $4,000,000.
| 25 | | (A-5) Any property in the taxing district of a new | 26 | | electric generating
facility, as defined in Section |
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| 1 | | 605-332 of the Department of Commerce and
Economic | 2 | | Opportunity Law of the Civil Administrative Code of | 3 | | Illinois.
The abatement shall not exceed a period of 10 | 4 | | years.
The abatement shall be subject to the following | 5 | | limitations:
| 6 | | (i) if the equalized assessed valuation of the | 7 | | new electric generating
facility is equal to or | 8 | | greater than $25,000,000 but less
than | 9 | | $50,000,000, then the abatement may not exceed (i) | 10 | | over the entire term
of the abatement, 5% of the | 11 | | taxing district's aggregate taxes from the
new | 12 | | electric generating facility and (ii) in any one
| 13 | | year of abatement, 20% of the taxing district's | 14 | | taxes from the
new electric generating facility;
| 15 | | (ii) if the equalized assessed valuation of | 16 | | the new electric
generating facility is equal to or | 17 | | greater than $50,000,000 but less
than | 18 | | $75,000,000, then the abatement may not exceed (i) | 19 | | over the entire term
of the abatement, 10% of the | 20 | | taxing district's aggregate taxes from the
new | 21 | | electric generating facility and (ii) in any one
| 22 | | year of abatement, 35% of the taxing district's | 23 | | taxes from the
new electric generating facility;
| 24 | | (iii) if the equalized assessed valuation of | 25 | | the new electric
generating facility
is equal to or | 26 | | greater than $75,000,000 but less
than |
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| 1 | | $100,000,000, then the abatement may not exceed | 2 | | (i) over the entire term
of the abatement, 20% of | 3 | | the taxing district's aggregate taxes from the
new | 4 | | electric generating facility and (ii) in any one
| 5 | | year of abatement, 50% of the taxing district's | 6 | | taxes from the
new electric generating facility;
| 7 | | (iv) if the equalized assessed valuation of | 8 | | the new electric
generating facility is equal to or | 9 | | greater than $100,000,000 but less
than | 10 | | $125,000,000, then the
abatement may not exceed | 11 | | (i) over the entire term of the abatement, 30% of | 12 | | the
taxing district's aggregate taxes from the new | 13 | | electric generating facility
and (ii) in any one | 14 | | year of abatement, 60% of the taxing
district's | 15 | | taxes from the new electric generating facility;
| 16 | | (v) if the equalized assessed valuation of the | 17 | | new electric generating
facility is equal to or | 18 | | greater than $125,000,000 but less
than | 19 | | $150,000,000, then the
abatement may not exceed | 20 | | (i) over the entire term of the abatement, 40% of | 21 | | the
taxing district's aggregate taxes from the new | 22 | | electric generating facility
and (ii) in any one | 23 | | year of abatement, 60% of the taxing
district's | 24 | | taxes from the new electric generating facility;
| 25 | | (vi) if the equalized assessed valuation of | 26 | | the new electric
generating facility is equal to or |
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| 1 | | greater than $150,000,000, then the
abatement may | 2 | | not exceed (i) over the entire term of the | 3 | | abatement, 50% of the
taxing district's aggregate | 4 | | taxes from the new electric generating facility
| 5 | | and (ii) in any one year of abatement, 60% of the | 6 | | taxing
district's taxes from the new electric | 7 | | generating facility.
| 8 | | The abatement is not effective unless
the owner of | 9 | | the new electric generating facility agrees to
repay to | 10 | | the taxing district all amounts previously abated, | 11 | | together with
interest computed at the rate and in the | 12 | | manner provided for delinquent taxes,
in the event that | 13 | | the owner of the new electric generating facility | 14 | | closes the
new electric generating facility before the | 15 | | expiration of the
entire term of the abatement.
| 16 | | The authorization of taxing districts to abate | 17 | | taxes under this
subdivision (a)(1)(A-5) expires on | 18 | | January 1, 2010.
| 19 | | (B) The property of any commercial or industrial
| 20 | | development of at least (i) 500 acres or (ii) 225 acres | 21 | | in the case of a commercial or industrial
development | 22 | | that applies for and is granted designation as a High | 23 | | Impact Business under paragraph (F) of item (3) of | 24 | | subsection (a) of Section 5.5 of the Illinois | 25 | | Enterprise Zone Act, having been created within the | 26 | | taxing
district. The abatement shall not exceed a |
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| 1 | | period of 20 years and the
aggregate amount of abated | 2 | | taxes for all taxing districts combined shall not
| 3 | | exceed $12,000,000.
| 4 | | (C) The property of any commercial or industrial | 5 | | firm currently
located in the taxing district that | 6 | | expands a facility or its number of
employees. The | 7 | | abatement shall not exceed a period of 10 years and the
| 8 | | aggregate amount of abated taxes for all taxing | 9 | | districts combined shall not
exceed $4,000,000. The | 10 | | abatement period may be renewed at the option of the
| 11 | | taxing districts.
| 12 | | (2) Horse racing. Any property in the taxing district | 13 | | which
is used for the racing of horses and upon which | 14 | | capital improvements consisting
of expansion, improvement | 15 | | or replacement of existing facilities have been made
since | 16 | | July 1, 1987. The combined abatements for such property | 17 | | from all taxing
districts in any county shall not exceed | 18 | | $5,000,000 annually and shall not
exceed a period of 10 | 19 | | years.
| 20 | | (3) Auto racing. Any property designed exclusively for | 21 | | the racing of
motor vehicles. Such abatement shall not | 22 | | exceed a period of 10 years.
| 23 | | (4) Academic or research institute. The property of any | 24 | | academic or
research institute in the taxing district that | 25 | | (i) is an exempt organization
under paragraph (3) of | 26 | | Section 501(c) of the Internal Revenue Code, (ii)
operates |
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| 1 | | for the benefit of the public by actually and exclusively | 2 | | performing
scientific research and making the results of | 3 | | the research available to the
interested public on a | 4 | | non-discriminatory basis, and (iii) employs more than
100 | 5 | | employees. An abatement granted under this paragraph shall | 6 | | be for at
least 15 years and the aggregate amount of abated | 7 | | taxes for all taxing
districts combined shall not exceed | 8 | | $5,000,000.
| 9 | | (5) Housing for older persons. Any property in the | 10 | | taxing district that
is devoted exclusively to affordable | 11 | | housing for older households. For
purposes of this | 12 | | paragraph, "older households" means those households (i)
| 13 | | living in housing provided under any State or federal | 14 | | program that the
Department of Human Rights determines is | 15 | | specifically designed and operated to
assist elderly | 16 | | persons and is solely occupied by persons 55 years of age | 17 | | or
older and (ii) whose annual income does not exceed 80% | 18 | | of the area gross median
income, adjusted for family size, | 19 | | as such gross income and median income are
determined from | 20 | | time to time by the United States Department of Housing and
| 21 | | Urban Development. The abatement shall not exceed a period | 22 | | of 15 years, and
the aggregate amount of abated taxes for | 23 | | all taxing districts shall not exceed
$3,000,000.
| 24 | | (6) Historical society. For assessment years 1998 | 25 | | through 2018, the
property of an historical society | 26 | | qualifying as an exempt organization under
Section |
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| 1 | | 501(c)(3) of the federal Internal Revenue Code.
| 2 | | (7) Recreational facilities. Any property in the | 3 | | taxing district (i)
that is used for a municipal airport, | 4 | | (ii) that
is subject to a leasehold assessment under | 5 | | Section 9-195 of this Code and (iii)
which
is sublet from a | 6 | | park district that is leasing the property from a
| 7 | | municipality, but only if the property is used exclusively | 8 | | for recreational
facilities or for parking lots used | 9 | | exclusively for those facilities. The
abatement shall not | 10 | | exceed a period of 10 years.
| 11 | | (8) Relocated corporate headquarters. If approval | 12 | | occurs within 5 years
after the effective date of this | 13 | | amendatory Act of the 92nd General Assembly,
any property | 14 | | or a portion of any property in a taxing district that is | 15 | | used by
an eligible business for a corporate headquarters | 16 | | as defined in the Corporate
Headquarters Relocation Act. | 17 | | Instead of an abatement under this paragraph (8),
a taxing | 18 | | district may enter into an agreement with an eligible | 19 | | business to make
annual payments to that eligible business | 20 | | in an amount not to exceed the
property taxes paid directly | 21 | | or indirectly by that eligible business to the
taxing | 22 | | district and any other taxing districts for
premises | 23 | | occupied pursuant to a written lease and may make those | 24 | | payments
without the need for an annual appropriation. No | 25 | | school district, however, may
enter into an agreement with, | 26 | | or abate taxes for, an eligible business unless
the |
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| 1 | | municipality in which the corporate headquarters is | 2 | | located agrees to
provide funding to the school district in | 3 | | an amount equal to the amount abated
or paid by the school | 4 | | district as provided in this paragraph (8).
Any abatement | 5 | | ordered or
agreement entered into under this paragraph (8) | 6 | | may be effective for the entire
term specified by the | 7 | | taxing district, except the term of the abatement or
annual | 8 | | payments may not exceed 20 years. | 9 | | (9) United States Military Public/Private Residential | 10 | | Developments. Each building, structure, or other | 11 | | improvement designed, financed, constructed, renovated, | 12 | | managed, operated, or maintained after January 1, 2006 | 13 | | under a "PPV Lease", as set forth under Division 14 of | 14 | | Article 10, and any such PPV Lease.
| 15 | | (10) Property located in a business corridor that | 16 | | qualifies for an abatement under Section 18-184.10. | 17 | | (b) Upon a majority vote of its governing authority, any | 18 | | municipality
may, after the determination of the assessed | 19 | | valuation of its property, order
the county clerk to abate any | 20 | | portion of its taxes on any property that is
located within the | 21 | | corporate limits of the municipality in accordance with
Section | 22 | | 8-3-18 of the Illinois Municipal Code.
| 23 | | (c) If the corporate authorities of a school district | 24 | | determine that the school district has on hand surplus funds | 25 | | from any source, then, in that taxable year or in the next | 26 | | taxable year, the corporate authorities may, by a majority |
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| 1 | | vote, order the county clerk to abate its taxes on all | 2 | | residential property located within the corporate limits of the | 3 | | school district in an amount not to exceed the amount of the | 4 | | surplus. | 5 | | (Source: P.A. 97-577, eff. 1-1-12; 97-636, eff. 6-1-12; 98-109, | 6 | | eff. 7-25-13.)".
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