Public Act 098-0206
 
HB1206 EnrolledLRB098 07442 HLH 37510 b

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