Full Text of HB4866 94th General Assembly
HB4866 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4866
Introduced 01/19/06, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
|
|
Amends the Downstate Forest Preserve District Act. Re-enacts the provisions of Section 18.6d of that Act, relating to the taxation of a landfill or other pollution control facility located in a forest preserve district. This Section was affected by Public Act 88-669, which has been held to be unconstitutional as a violation of the single subject clause of the Illinois Constitution. Includes validation provisions. Effective immediately.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB4866 |
|
LRB094 18831 EFG 54242 b |
|
| 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 1. Findings; purpose; validation. | 5 |
| (a) The General Assembly finds and declares that: | 6 |
| (1) Public Act 88-669, effective November 29, 1994, | 7 |
| contained provisions amending Section 18.6d of the | 8 |
| Downstate Forest Preserve District Act, relating to the | 9 |
| taxation of a landfill or other pollution control facility | 10 |
| located in a forest preserve district. Public Act 88-669 | 11 |
| also contained other provisions. | 12 |
| (2) The Illinois Supreme Court declared Public Act | 13 |
| 88-669 to be unconstitutional as a violation of the single | 14 |
| subject clause of the Illinois Constitution in People v. | 15 |
| Olender , Docket No. 98932, opinion filed December 15, 2005. | 16 |
| (b) The purpose of this Act is to re-enact the provisions | 17 |
| of Section 18.6d of the Downstate Forest Preserve District Act | 18 |
| and to minimize or prevent any problems concerning those | 19 |
| provisions that may arise from the unconstitutionality of | 20 |
| Public Act 88-669. This re-enactment is intended to remove any | 21 |
| question as to the validity and content of those provisions; it | 22 |
| is not intended to supersede any other Public Act that amends | 23 |
| the provisions re-enacted in this Act. The re-enacted material | 24 |
| is shown in this Act as existing text (i.e., without | 25 |
| underscoring) and includes changes made by subsequent | 26 |
| amendments. | 27 |
| (c) The re-enactment of Section 18.6d of the Downstate | 28 |
| Forest Preserve District Act by this Act is not intended, and | 29 |
| shall not be construed, to impair any legal argument concerning | 30 |
| whether those provisions were substantially re-enacted by any | 31 |
| other Public Act. | 32 |
| (d) All otherwise lawful actions taken before the effective | 33 |
| date of this Act in reliance on or pursuant to the provisions |
|
|
|
HB4866 |
- 2 - |
LRB094 18831 EFG 54242 b |
|
| 1 |
| re-enacted by this Act, as those provisions were set forth in | 2 |
| Public Act 88-669 or as subsequently amended, by any officer, | 3 |
| employee, or agency of State government or by any other person | 4 |
| or entity, are hereby validated, except to the extent | 5 |
| prohibited under the Illinois or United States Constitution. | 6 |
| (e) This Act applies, without limitation, to actions | 7 |
| pending on or after the effective date of this Act, except to | 8 |
| the extent prohibited under the Illinois or United States | 9 |
| Constitution. | 10 |
| Section 5. The Downstate Forest Preserve District Act is | 11 |
| amended by changing Section 18.6d as follows:
| 12 |
| (70 ILCS 805/18.6d)
| 13 |
| Sec. 18.6d. All real property owned by a forest preserve | 14 |
| district that has
located upon it an operating sanitary | 15 |
| landfill, pollution control facility, or
new pollution control | 16 |
| facility shall be exempt from real estate taxation under
| 17 |
| Section 15-150 of the Property Tax Code. In addition, the | 18 |
| operation or
ownership of any sanitary landfill, pollution | 19 |
| control facility, or
new pollution control facility that is | 20 |
| located on land owned by a
forest preserve district shall not | 21 |
| be subject, directly or indirectly, to any
leasehold taxes | 22 |
| under Section 9-195 of the Property Tax Code.
| 23 |
| (Source: P.A. 88-503; 88-669, eff. 11-29-94; 88-670, 12-2-94; | 24 |
| 88-681, eff.
12-22-94; 89-235, eff. 8-4-95.)
| 25 |
| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
|
|