HB1053ham003 98TH GENERAL ASSEMBLY

Rep. Ed Sullivan, Jr.

Filed: 3/22/2013

09800HB1053ham003 LRB098 08034 HLH 43789 a

AMENDMENT TO HOUSE BILL 1053

AMENDMENT NO. ______. Amend House Bill 1053 by replacing everything after the enacting clause with the following:

"Section 5. The Property Tax Code is amended by changing Section 10-155 as follows:

(35 ILCS 200/10-155)

Sec. 10-155. Open space land; valuation. In all counties, in addition to valuation as otherwise permitted by law, land which is used for open space purposes and has been so used for the 3 years immediately preceding the year in which the assessment is made, upon application under Section 10-160, shall be valued on the basis of its fair cash value, estimated at the price it would bring at a fair, voluntary sale for use by the buyer for open space purposes.

Land is considered used for open space purposes if it is more than 10 acres in area and:

(a) is actually and exclusively used for maintaining or enhancing natural or scenic resources,

(b) protects air or streams or water supplies,

(c) promotes conservation of soil, wetlands, beaches, or marshes, including ground cover or planted perennial grasses, trees and shrubs and other natural perennial growth, and including any body of water, whether man-made or natural,

(d) conserves landscaped areas, such as public or private golf courses,

(e) enhances the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, sanctuaries, or other open spaces, or

(f) preserves historic sites.

Land is not considered used for open space purposes if it is used primarily for residential purposes, or if it is improved with hotels or lodging facilities, club houses, banquet facilities, tennis or other courts, swimming pools, commercial or industrial facilities, retail shops, or land and parking areas serving any of those improvements. Such land shall be valued at fair cash value in accordance with Section 9-145, or in accordance with a classification ordinance adopted pursuant to Section 9-150 of the Property Tax Code, and shall not be valued as open space land. The existence of hotels or lodging facilities, club houses, banquet facilities, tennis or other courts, swimming pools, commercial or industrial facilities, retail shops, improvements, or land and parking areas on parcels otherwise considered to be in an open space use shall not preclude the granting of the open space preferential assessment to the portions of the parcel not encumbered by these improvements.

If the land is improved with a water-retention dam that is operated primarily for commercial purposes, the water-retention dam is not considered to be used for open space purposes despite the fact that any resulting man-made lake may be considered to be used for open space purposes under this Section.

The General Assembly finds and declares that this amendatory Act of the 98th General Assembly is a clarification of existing law and is an indication of its previous intent in enacting and amending this Section.

(Source: P.A. 95-70, eff. 1-1-08.)".