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| | SB1456 Engrossed | | LRB101 09049 HLH 54142 b |
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1 | | AN ACT concerning revenue.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Property Tax Code is amended by changing |
5 | | Section 15-185 as follows:
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6 | | (35 ILCS 200/15-185)
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7 | | Sec. 15-185. Exemption for leaseback property and |
8 | | qualified leased property.
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9 | | (a) Notwithstanding anything in this Code to
the
contrary, |
10 | | all property owned by a municipality with a population of over
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11 | | 500,000
inhabitants, a unit of local government whose |
12 | | jurisdiction includes
territory located in
whole or in part |
13 | | within a municipality with a population of over 500,000
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14 | | inhabitants, or a municipality with home rule powers that is |
15 | | contiguous to a municipality with a population of over 500,000 |
16 | | inhabitants,
shall remain exempt from taxation and any |
17 | | leasehold interest in that property
shall not be
subject to |
18 | | taxation under Section 9-195 if
the
property is directly or |
19 | | indirectly leased, sold, or otherwise transferred to
another |
20 | | entity
whose property is not exempt and immediately thereafter |
21 | | is the subject of a
leaseback or
other agreement that directly |
22 | | or indirectly gives the municipality or unit of
local
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23 | | government (i) a right to use, control, and possess the |
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1 | | property or (ii) a
right to require
the other entity, or the |
2 | | other entity's designee or assignee, to use the
property in the
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3 | | performance of services for the municipality or unit of local |
4 | | government. Property
shall no longer be exempt under this |
5 | | subsection as of the date when the right of
the
municipality or |
6 | | unit of local government to use, control, and possess the
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7 | | property or to
require the performance of services is |
8 | | terminated and the municipality or unit
of local
government no |
9 | | longer has any option to purchase or otherwise reacquire the
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10 | | interest in
the property which was transferred by the |
11 | | municipality or unit of local
government.
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12 | | (b) Notwithstanding anything in this Code to
the
contrary, |
13 | | all property owned by a municipality with a population of over
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14 | | 500,000
inhabitants, a unit of local government whose |
15 | | jurisdiction includes
territory located in
whole or in part |
16 | | within a municipality with a population of over 500,000
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17 | | inhabitants, or a municipality with home rule powers that is |
18 | | contiguous to a municipality with a population of over 500,000 |
19 | | inhabitants,
shall remain exempt from taxation and any |
20 | | leasehold interest in that property
is not
subject to taxation |
21 | | under Section 9-195 if the property, including dedicated public |
22 | | property, is used by a municipality or other unit of local |
23 | | government for the purpose of an airport or parking or for |
24 | | waste disposal or processing and is leased for continued use |
25 | | for the same purpose to another entity whose property is not |
26 | | exempt. If any portion of the property is used for a purpose |
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1 | | other than an exempt purpose identified in this subsection, |
2 | | that portion of the property shall be subject to taxation under |
3 | | Section 9-195 for the period of time during which it is used |
4 | | for that non-exempt purpose; provided, however, that the use of |
5 | | a portion of such property for a non-exempt purpose shall have |
6 | | no effect on (i) the exemption of the remaining portion of the |
7 | | property that continues to be used for an exempt purpose, as |
8 | | identified in this subsection, or (ii) the future exemption of |
9 | | that same portion of the property if it ceases to be used for a |
10 | | non-exempt purpose and returned to use for an exempt purpose as |
11 | | identified in this subsection. No taxes shall be assessed on |
12 | | any portion of the property identified in this subsection prior |
13 | | to the effective date of this amendatory Act of the 101st |
14 | | General Assembly. |
15 | | For the purposes of this subsection (b), "airport" does not |
16 | | include any airport property, as defined under Section 10 of |
17 | | the O'Hare Modernization Act. |
18 | | Any transaction described under this subsection must be |
19 | | undertaken in accordance with all appropriate federal laws and |
20 | | regulations. |
21 | | (c) For purposes of this Section, "municipality" means a |
22 | | municipality as defined
in
Section 1-1-2 of the Illinois |
23 | | Municipal Code, and "unit of local government"
means a unit
of |
24 | | local government as defined in Article VII, Section 1 of the |
25 | | Constitution of
the State of
Illinois. The provisions of this |
26 | | Section supersede and control over any
conflicting
provisions |