Full Text of HB4914 100th General Assembly
HB4914ham001 100TH GENERAL ASSEMBLY | Rep. Robert W. Pritchard Filed: 3/7/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4914
| 2 | | AMENDMENT NO. ______. Amend House Bill 4914 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Section 15-35 as follows:
| 6 | | (35 ILCS 200/15-35)
| 7 | | Sec. 15-35. Schools. All property donated by the United | 8 | | States for school
purposes, and all property of schools, not | 9 | | sold or leased or otherwise used
with a view to profit, is | 10 | | exempt, whether owned by a resident or non-resident
of this | 11 | | State or by a corporation incorporated in any state of the | 12 | | United
States. Also exempt is:
| 13 | | (a) property of schools which is leased to a | 14 | | municipality to be used for
municipal purposes on a | 15 | | not-for-profit basis;
| 16 | | (b) property of schools on which the schools are |
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| 1 | | located and any other
property of schools used by the | 2 | | schools exclusively for school purposes,
including, but | 3 | | not limited to : (1) , student residence halls, dormitories | 4 | | and
other housing facilities for students and their spouses | 5 | | and children ; (2) , staff
housing facilities ; (3) , and | 6 | | school-owned and operated dormitory or residence
halls | 7 | | occupied in whole or in part by students who belong to | 8 | | fraternities,
sororities, or other campus organizations; | 9 | | and (4) dormitories, residence halls, and other housing | 10 | | facilities, whether owned by the school or not, that meet | 11 | | the following criteria:
| 12 | | (A) the dormitory, residence hall, or other | 13 | | housing facility is approved by the school; | 14 | | (B) the dormitory, residence hall, or other | 15 | | housing facility is owned and operated by a nonprofit | 16 | | organization; and | 17 | | (C) the dormitory, residence hall, or other | 18 | | housing facility is occupied in whole or in part as | 19 | | living quarters by students who belong to | 20 | | fraternities,
sororities, or other campus | 21 | | organizations.
| 22 | | (c) property donated, granted, received or used for | 23 | | public school,
college, theological seminary, university, | 24 | | or other educational purposes,
whether held in trust or | 25 | | absolutely;
| 26 | | (d) in counties with more than 200,000 inhabitants |
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| 1 | | which classify
property, property (including interests in | 2 | | land and other facilities) on or
adjacent to (even if | 3 | | separated by a public street, alley, sidewalk, parkway or
| 4 | | other public way) the grounds of a school, if that property | 5 | | is used by an
academic, research or professional society, | 6 | | institute, association or
organization which serves the | 7 | | advancement of learning in a field or fields of
study | 8 | | taught by the school and which property is not used with a | 9 | | view to
profit;
| 10 | | (e) property owned by a school district.
The exemption | 11 | | under this subsection is not affected by any
transaction
in | 12 | | which, for
the purpose of obtaining financing, the school | 13 | | district,
directly or
indirectly, leases or otherwise | 14 | | transfers the property to another for which or
whom | 15 | | property is not exempt and immediately after the lease or | 16 | | transfer enters
into a leaseback
or other agreement that | 17 | | directly or indirectly gives the school district a
right to
| 18 | | use, control, and possess the property. In the case of a
| 19 | | conveyance
of the property, the school district must retain | 20 | | an option
to
purchase the property at a future date or, | 21 | | within the limitations period for
reverters, the property | 22 | | must revert back to the school district.
| 23 | | (1) If the property has been conveyed as described | 24 | | in this subsection,
the
property is no longer exempt | 25 | | under this Section as of the date when:
| 26 | | (A) the right of the school district to use, |
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| 1 | | control,
and possess
the property is terminated;
| 2 | | (B) the school district no longer has an option | 3 | | to
purchase or otherwise acquire the property; and
| 4 | | (C) there is no provision for a reverter of the | 5 | | property to the school
district
within the | 6 | | limitations period for reverters.
| 7 | | (2) Pursuant to Sections 15-15 and 15-20 of this | 8 | | Code, the school
district
shall notify the chief county | 9 | | assessment officer of
any transaction under this | 10 | | subsection. The chief county
assessment officer shall
| 11 | | determine initial and continuing compliance with the | 12 | | requirements of this
subsection for tax exemption. | 13 | | Failure to notify the chief county assessment
officer | 14 | | of a transaction under this subsection or to otherwise | 15 | | comply with the
requirements of Sections
15-15 and | 16 | | 15-20 of this Code shall, in the discretion of the | 17 | | chief county
assessment officer, constitute cause to | 18 | | terminate the exemption,
notwithstanding any other | 19 | | provision of this Code.
| 20 | | (3) No provision of this subsection shall be | 21 | | construed to affect the
obligation
of the school | 22 | | district to which an exemption certificate has been | 23 | | issued under
this Section from its obligation
under | 24 | | Section 15-10 of this Code to file
an annual | 25 | | certificate of status or to notify the chief county | 26 | | assessment
officer of transfers of interest or other |
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| 1 | | changes in the status of the property
as required by | 2 | | this Code.
| 3 | | (4) The changes made by this amendatory Act of the | 4 | | 91st General Assembly
are declarative of existing law | 5 | | and shall not be construed as a new
enactment; and
| 6 | | (f) in counties with more than 200,000 inhabitants | 7 | | which
classify
property,
property of a corporation, which | 8 | | is an exempt entity under paragraph (3) of
Section 501(c) | 9 | | of the Internal Revenue Code or its successor law, used by | 10 | | the
corporation for the following purposes: (1) conducting | 11 | | continuing education
for professional development of | 12 | | personnel in energy-related industries; (2)
maintaining a | 13 | | library of energy technology information available to | 14 | | students
and the public free of charge; and (3) conducting | 15 | | research in energy and
environment, which research results | 16 | | could be ultimately accessible to persons
involved in | 17 | | education.
| 18 | | (Source: P.A. 91-513, eff. 8-13-99; 91-578, eff.
8-14-99; | 19 | | 92-16, eff. 6-28-01.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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