Full Text of HB1206 98th General Assembly
HB1206enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Property Tax Code is amended by changing | 5 | | Section 15-60 as follows:
| 6 | | (35 ILCS 200/15-60)
| 7 | | Sec. 15-60. Taxing district property. All property | 8 | | belonging to any county
or municipality used exclusively for | 9 | | the maintenance of the poor is exempt,
as is all property owned | 10 | | by a taxing district that is being held for future
expansion or | 11 | | development, except if leased by the taxing district to lessees
| 12 | | for use for other than public purposes.
| 13 | | Also exempt are:
| 14 | | (a) all swamp or overflowed lands belonging to any | 15 | | county;
| 16 | | (b) all public buildings belonging to any county, | 17 | | township, or
municipality, with the ground on which the | 18 | | buildings are erected;
| 19 | | (c) all property owned by any municipality located | 20 | | within its
incorporated limits. Any such property leased by | 21 | | a municipality shall
remain exempt, and the leasehold | 22 | | interest of the lessee shall be assessed under
Section | 23 | | 9-195 of this Act, (i) for a lease entered into on or after |
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| 1 | | January 1,
1994, unless the lease expressly provides that | 2 | | this exemption shall not apply;
(ii) for a lease entered | 3 | | into on or after the effective date of Public Act
87-1280 | 4 | | and before January 1, 1994, unless the lease expressly | 5 | | provides that
this exemption shall not apply or unless | 6 | | evidence other than the lease itself
substantiates the | 7 | | intent of the parties to the lease that this exemption | 8 | | shall
not apply; and (iii) for a lease entered into before | 9 | | the effective date of
Public Act 87-1280, if the terms of | 10 | | the lease do not bind the lessee to pay the
taxes on the | 11 | | leased property or if, notwithstanding the terms of the | 12 | | lease, the
municipality has filed or hereafter files a | 13 | | timely exemption petition or
complaint with respect to | 14 | | property consisting of or including the leased
property for | 15 | | an assessment year which includes part or all of the first | 16 | | 12
months of the lease period. The foregoing clause (iii) | 17 | | added by Public Act
87-1280 shall not operate to exempt | 18 | | property for any assessment year as to
which no timely | 19 | | exemption petition or complaint has been filed by the
| 20 | | municipality or as to which an administrative or court | 21 | | decision denying
exemption has become final and | 22 | | nonappealable. For each assessment year or
portion thereof | 23 | | that property is made exempt by operation of the foregoing
| 24 | | clause (iii), whether such year or portion is before or | 25 | | after the effective
date of Public Act 87-1280, the | 26 | | leasehold interest of the lessee shall, if
necessary, be |
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| 1 | | considered omitted property for purposes of this Act;
| 2 | | (c-5) Notwithstanding clause (i) of subsection (c), | 3 | | all property owned by
a municipality with a population of | 4 | | over 500,000 that is used for toll road or
toll bridge | 5 | | purposes and that is leased for those purposes to another | 6 | | entity
whose property is not exempt shall remain exempt, | 7 | | and any leasehold interest in
the property shall not be | 8 | | subject to taxation under Section 9-195 of this Act;
| 9 | | (d) all property owned by any municipality located | 10 | | outside its
incorporated limits but within the same county | 11 | | when used as a tuberculosis
sanitarium, farm colony in | 12 | | connection with a house of correction, or nursery,
garden, | 13 | | or farm, or for the growing of shrubs, trees, flowers, | 14 | | vegetables, and
plants for use in beautifying, | 15 | | maintaining, and operating playgrounds, parks,
parkways, | 16 | | public grounds, buildings, and institutions owned or | 17 | | controlled
by the municipality; and
| 18 | | (e) all property owned by a township and operated as | 19 | | senior citizen
housing under Sections 35-50 through | 20 | | 35-50.6 of the Township Code ; and . | 21 | | (f) all property owned by the Executive Board of the | 22 | | Mutual Aid Box Alarm System (MABAS), a unit of | 23 | | intergovernmental cooperation, that is used for the public | 24 | | purpose of disaster preparedness and response for units of | 25 | | local government and the State of Illinois pursuant to | 26 | | Section 10 of Article VII of the Illinois Constitution and |
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| 1 | | the Intergovernmental Cooperation Act.
| 2 | | All property owned by any municipality outside of its | 3 | | corporate limits is
exempt if used exclusively for municipal or | 4 | | public purposes.
| 5 | | For purposes of this Section, "municipality" means a | 6 | | municipality, as
defined in Section 1-1-2 of the Illinois | 7 | | Municipal Code.
| 8 | | (Source: P.A. 92-844, eff. 8-23-02; 92-846, eff. 8-23-02.)
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