|
Sen. Kwame Raoul
Filed: 5/25/2016
| | 09900SB0520sam001 | | LRB099 03052 AWJ 49196 a |
|
|
| 1 | | AMENDMENT TO SENATE BILL 520
|
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 520 by replacing |
| 3 | | everything after the enacting clause with the following:
|
| 4 | | "Section 5. The Property Tax Code is amended by changing |
| 5 | | Section 15-185 as follows:
|
| 6 | | (35 ILCS 200/15-185)
|
| 7 | | Sec. 15-185. Exemption for leaseback property and |
| 8 | | qualified leased property.
|
| 9 | | (a) Notwithstanding anything in this Code to
the
contrary, |
| 10 | | all property owned by a municipality with a population of over
|
| 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
|
| 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 |
|
| | 09900SB0520sam001 | - 2 - | LRB099 03052 AWJ 49196 a |
|
|
| 1 | | leasehold interest in that property
shall not be
subject to |
| 2 | | taxation under Section 9-195 if
the
property is directly or |
| 3 | | indirectly leased, sold, or otherwise transferred to
another |
| 4 | | entity
whose property is not exempt and immediately thereafter |
| 5 | | is the subject of a
leaseback or
other agreement that directly |
| 6 | | or indirectly gives the municipality or unit of
local
|
| 7 | | government (i) a right to use, control, and possess the |
| 8 | | property or (ii) a
right to require
the other entity, or the |
| 9 | | other entity's designee or assignee, to use the
property in the
|
| 10 | | performance of services for the municipality or unit of local |
| 11 | | government. Property
shall no longer be exempt under this |
| 12 | | subsection as of the date when the right of
the
municipality or |
| 13 | | unit of local government to use, control, and possess the
|
| 14 | | property or to
require the performance of services is |
| 15 | | terminated and the municipality or unit
of local
government no |
| 16 | | longer has any option to purchase or otherwise reacquire the
|
| 17 | | interest in
the property which was transferred by the |
| 18 | | municipality or unit of local
government.
|
| 19 | | (b) Notwithstanding anything in this Code to
the
contrary, |
| 20 | | all property owned by a municipality with a population of over
|
| 21 | | 500,000
inhabitants, a unit of local government whose |
| 22 | | jurisdiction includes
territory located in
whole or in part |
| 23 | | within a municipality with a population of over 500,000
|
| 24 | | inhabitants, or a municipality with home rule powers that is |
| 25 | | contiguous to a municipality with a population of over 500,000 |
| 26 | | inhabitants,
shall remain exempt from taxation and any |
|
| | 09900SB0520sam001 | - 3 - | LRB099 03052 AWJ 49196 a |
|
|
| 1 | | leasehold interest in that property
is not
subject to taxation |
| 2 | | under Section 9-195 if the property, including dedicated public |
| 3 | | property, is used by a municipality or other unit of local |
| 4 | | government for the purpose of an airport or parking or for |
| 5 | | waste disposal or processing or for the purposes of a port |
| 6 | | district and is leased for continued use for the same purpose |
| 7 | | to another entity whose property is not exempt. |
| 8 | | For the purposes of this subsection (b), "airport" does not |
| 9 | | include any airport property, as defined under Section 10 of |
| 10 | | the O'Hare Modernization Act. |
| 11 | | Any transaction described under this subsection must be |
| 12 | | undertaken in accordance with all appropriate federal laws and |
| 13 | | regulations. |
| 14 | | (c) For purposes of this Section, "municipality" means a |
| 15 | | municipality as defined
in
Section 1-1-2 of the Illinois |
| 16 | | Municipal Code, and "unit of local government"
means a unit
of |
| 17 | | local government as defined in Article VII, Section 1 of the |
| 18 | | Constitution of
the State of
Illinois. The provisions of this |
| 19 | | Section supersede and control over any
conflicting
provisions |
| 20 | | of this Code.
|
| 21 | | (Source: P.A. 96-779, eff. 8-28-09.)".
|