Full Text of HB4110 97th General Assembly
HB4110sam001 97TH GENERAL ASSEMBLY | Sen. Mike Jacobs Filed: 5/9/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4110
| 2 | | AMENDMENT NO. ______. Amend House Bill 4110 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Sections 9-195 and 15-160 as follows:
| 6 | | (35 ILCS 200/9-195)
| 7 | | Sec. 9-195. Leasing of exempt property.
| 8 | | (a) Except as provided in Sections 15-35, 15-55, 15-60, | 9 | | 15-100,
15-103, 15-160, and 15-185,
when property which is | 10 | | exempt from taxation is leased to another whose property
is not | 11 | | exempt, and the leasing of which does not make the property | 12 | | taxable,
the leasehold estate and the appurtenances shall be | 13 | | listed as the property of
the lessee thereof, or his or her | 14 | | assignee. Taxes on that property shall be
collected in the same | 15 | | manner as on property that is not exempt, and the lessee
shall | 16 | | be liable for those taxes. However, no tax lien shall attach to |
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| 1 | | the
exempt real estate. The changes made by this amendatory Act | 2 | | of 1997 and by this
amendatory Act of the 91st General Assembly | 3 | | are declaratory of existing law
and shall not be construed as a | 4 | | new enactment. The changes made by Public Acts
88-221 and | 5 | | 88-420 that are incorporated into this Section by this | 6 | | amendatory
Act of 1993 are declarative of existing law and are | 7 | | not a new enactment.
| 8 | | (b) The provisions of this Section regarding taxation of | 9 | | leasehold interests
in exempt property do not apply to any | 10 | | leasehold interest created pursuant to
any transaction | 11 | | described in subsection (e) of Section 15-35, subsection (c-5)
| 12 | | of Section 15-60, subsection (b) of Section 15-100, Section | 13 | | 15-103, Section 15-160, or
Section 15-185.
| 14 | | (Source: P.A. 92-844, eff. 8-23-02; 92-846, eff.
8-23-02; | 15 | | 93-19, eff. 6-20-03.)
| 16 | | (35 ILCS 200/15-160)
| 17 | | Sec. 15-160. Airport authorities and airports. All | 18 | | property belonging to any
Airport Authority and used for | 19 | | Airport Authority purposes or leased to another
entity, which | 20 | | property use would be exempt from taxation under this Code if
| 21 | | it were owned by the lessee entity, is exempt. However, the | 22 | | provision added by
Public Act 86-219 shall not apply to any | 23 | | property of any Airport Authority
located in a county with more | 24 | | than 3,000,000 inhabitants. Property acquired
for airport | 25 | | purposes by an Authority shall remain subject to any tax |
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| 1 | | previously
levied to pay bonds issued and outstanding on the | 2 | | date of acquisition.
| 3 | | Also exempt is any airport or restricted land area or other | 4 | | air navigation
facility owned, controlled, operated or leased | 5 | | by another state or a political
subdivision of another state | 6 | | under the provisions of Sections 25.01 to 25.04,
both | 7 | | inclusive, of the "Illinois Aeronautics Act". However if at the | 8 | | time of
the acquisition of property to be used for public | 9 | | airport purposes the city,
village, township or school | 10 | | district, in which said property is located is
indebted for any | 11 | | amount for payment of which it provided for the collection of
| 12 | | taxes, the property acquired for public airport purposes shall | 13 | | be subject to
taxation for the payment of said indebtedness in | 14 | | the same proportion as said
property bore to the taxable | 15 | | property in said city, village, township or school
district | 16 | | immediately before the acquisition thereof, according to the | 17 | | last
assessment for taxation.
| 18 | | If airport property of the Lansing Municipal Airport or the | 19 | | Metropolitan Airport Authority of Rock Island County is leased | 20 | | to another entity, then the airport property, the leasehold | 21 | | interests, and any improvements thereon are exempt. | 22 | | (Source: Laws 1963, p. 1725; P.A. 86-219; 88-455.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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