State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

90_SB0162eng

      35 ILCS 200/15-60
      70 ILCS 805/23 new
          Amends  the  Property  Tax  Code.   Exempts  all   public
      buildings  belonging to any county, township, or municipality
      (now, county, township, city, or incorporated town), with the
      ground on which the building is erected.  Changes  references
      from  city  or  village to municipality. Amends the Downstate
      Forest Preserve  District  Act.   Allows  a  forest  preserve
      district  to  transfer the interest earned from any moneys of
      the district into the fund  that  is  most  in  need  of  the
      income.   Restricts  transfers  of  interest income earned by
      certain funds.
                                                     LRB9001718DNsb
SB162 Engrossed                                LRB9001718DNsb
 1        AN ACT concerning districts.
 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,  village,  or  city
 9    used  exclusively  for the maintenance of the poor is exempt,
10    as is all property owned by a taxing district that  is  being
11    held for future expansion or development, except if leased by
12    the  taxing district to lessees for use for other than public
13    purposes.
14        Also exempt are:
15             (a)  all swamp or overflowed lands belonging to  any
16        county;
17             (b)  all  public  buildings belonging to any county,
18        township, or municipality  city,  or  incorporated  town,
19        with the ground on which the buildings are erected;
20             (c)  all  property owned by any municipality city or
21        village located within its incorporated limits.  Any such
22        property leased by a municipality city or  village  shall
23        remain  exempt,  and the leasehold interest of the lessee
24        shall be assessed under Section 9-195 of  this  Act,  (i)
25        for  a  lease  entered  into on or after January 1, 1994,
26        unless the lease expressly provides that  this  exemption
27        shall  not  apply;  (ii)  for  a lease entered into on or
28        after the effective date of Public Act 87-1280 and before
29        January 1, 1994, unless the lease expressly provides that
30        this exemption shall not apply or unless  evidence  other
31        than  the  lease  itself  substantiates the intent of the
SB162 Engrossed            -2-                 LRB9001718DNsb
 1        parties to the lease that this exemption shall not apply;
 2        and (iii) for a lease entered into before  the  effective
 3        date  of Public Act 87-1280, if the terms of the lease do
 4        not bind the lessee  to  pay  the  taxes  on  the  leased
 5        property  or  if, notwithstanding the terms of the lease,
 6        the municipality city or village has filed  or  hereafter
 7        files  a  timely  exemption  petition  or  complaint with
 8        respect to property consisting of or including the leased
 9        property for an assessment year which  includes  part  or
10        all  of  the  first  12 months  of the lease period.  The
11        foregoing clause (iii) added by Public Act 87-1280  shall
12        not operate to exempt property for any assessment year as
13        to  which  no  timely exemption petition or complaint has
14        been filed by the municipality city or village or  as  to
15        which   an   administrative  or  court  decision  denying
16        exemption has become final and  nonappealable.  For  each
17        assessment  year or portion thereof that property is made
18        exempt  by  operation  of  the  foregoing  clause  (iii),
19        whether such year or  portion  is  before  or  after  the
20        effective  date  of  Public  Act  87-1280,  the leasehold
21        interest of the lessee shall, if necessary, be considered
22        omitted property for purposes of this Act;
23             (d)  all property owned by any municipality city  or
24        village  located  outside  its  incorporated  limits  but
25        within  the  same  county  when  used  as  a tuberculosis
26        sanitarium, farm colony in connection  with  a  house  of
27        correction,  or  nursery,  garden,  or  farm,  or for the
28        growing of shrubs, trees, flowers, vegetables, and plants
29        for  use  in  beautifying,  maintaining,  and   operating
30        playgrounds,  parks, parkways, public grounds, buildings,
31        and institutions owned or controlled by the  municipality
32        city or village; and
33             (e)  all  property  owned by a township and operated
34        as senior citizen housing under  Sections  35-50  through
SB162 Engrossed            -3-                 LRB9001718DNsb
 1        35-50.6 of the Township Code.
 2        All  property  owned  by any municipality city or village
 3    outside of its corporate limits is exempt if used exclusively
 4    for municipal or 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. 88-455; 89-165, eff. 1-1-96.)
 9        Section 10.  The Downstate Forest Preserve  District  Act
10    is amended by adding Section 23 as follows:
11        (70 ILCS 805/23 new)
12        Sec.  23.  Transfer  of  interest  income.   Each  forest
13    preserve  district  shall  have  the  power  to  transfer the
14    interest earned from any moneys  of  the  district  into  the
15    respective  fund  of the district that is most in need of the
16    interest income, as determined by the board of commissioners.
17    This Section does not apply to any interest earned  that  has
18    been  earmarked  or  restricted by the board for a designated
19    purpose.  This Section does not apply to any interest  earned
20    on   any   funds  for  purposes  of  the  Illinois  Municipal
21    Retirement Fund under the Pension Code or tort immunity under
22    the  Local  Governmental  and  Governmental  Employees   Tort
23    Immunity  Act.  Interest earned on these exempted funds shall
24    be used only for the purposes authorized for  the  respective
25    exempted funds from which the interest earnings were derived.

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