Full Text of HB5761 97th General Assembly
HB5761ham002 97TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Adopted in House on Mar 23, 2012
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| 1 | | AMENDMENT TO HOUSE BILL 5761
| 2 | | AMENDMENT NO. ______. Amend House Bill 5761, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Property Tax Code is amended by changing | 6 | | Sections 9-195, 15-35, 15-55, 15-60, 15-100, and 15-103 and by | 7 | | adding Section 15-57 as follows:
| 8 | | (35 ILCS 200/9-195)
| 9 | | Sec. 9-195. Leasing of exempt property.
| 10 | | (a) Except as provided in Sections 15-35, 15-55, 15-57, | 11 | | 15-60, 15-100,
15-103, and 15-185,
when property which is | 12 | | exempt from taxation is leased to another whose property
is not | 13 | | exempt, and the leasing of which does not make the property | 14 | | taxable,
the leasehold estate and the appurtenances shall be | 15 | | listed as the property of
the lessee thereof, or his or her | 16 | | assignee. Taxes on that property shall be
collected in the same |
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| 1 | | manner as on property that is not exempt, and the lessee
shall | 2 | | be liable for those taxes. However, no tax lien shall attach to | 3 | | the
exempt real estate. The changes made by this amendatory Act | 4 | | of 1997 and by this
amendatory Act of the 91st General Assembly | 5 | | are declaratory of existing law
and shall not be construed as a | 6 | | new enactment. The changes made by Public Acts
88-221 and | 7 | | 88-420 that are incorporated into this Section by this | 8 | | amendatory
Act of 1993 are declarative of existing law and are | 9 | | not a new enactment.
| 10 | | (b) The provisions of this Section regarding taxation of | 11 | | leasehold interests
in exempt property do not apply to any | 12 | | leasehold interest created pursuant to
any transaction | 13 | | described in subsection (e) of Section 15-35, item (a) of | 14 | | Section 15-35, Section 15-57, subsection (c-5)
of Section | 15 | | 15-60, subsection (b) of Section 15-100, Section 15-103, or
| 16 | | Section 15-185.
| 17 | | (Source: P.A. 92-844, eff. 8-23-02; 92-846, eff.
8-23-02; | 18 | | 93-19, eff. 6-20-03.)
| 19 | | (35 ILCS 200/15-35)
| 20 | | Sec. 15-35. Schools. All property donated by the United | 21 | | States for school
purposes, and all property of schools, not | 22 | | sold or leased or otherwise used
with a view to profit, is | 23 | | exempt, whether owned by a resident or non-resident
of this | 24 | | State or by a corporation incorporated in any state of the | 25 | | United
States. Also exempt is:
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| 1 | | (a) property , along with the leasehold interest in that | 2 | | property, of schools which is leased to the State, a unit | 3 | | of local government, or school district municipality to be | 4 | | used for governmental
municipal purposes on a | 5 | | not-for-profit basis;
| 6 | | (b) property of schools on which the schools are | 7 | | located and any other
property of schools used by the | 8 | | schools exclusively for school purposes,
including, but | 9 | | not limited to, student residence halls, dormitories and
| 10 | | other housing facilities for students and their spouses and | 11 | | children, staff
housing facilities, and school-owned and | 12 | | operated dormitory or residence
halls occupied in whole or | 13 | | in part by students who belong to fraternities,
sororities, | 14 | | or other campus organizations;
| 15 | | (c) property donated, granted, received or used for | 16 | | public school,
college, theological seminary, university, | 17 | | or other educational purposes,
whether held in trust or | 18 | | absolutely;
| 19 | | (d) in counties with more than 200,000 inhabitants | 20 | | which classify
property, property (including interests in | 21 | | land and other facilities) on or
adjacent to (even if | 22 | | separated by a public street, alley, sidewalk, parkway or
| 23 | | other public way) the grounds of a school, if that property | 24 | | is used by an
academic, research or professional society, | 25 | | institute, association or
organization which serves the | 26 | | advancement of learning in a field or fields of
study |
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| 1 | | taught by the school and which property is not used with a | 2 | | view to
profit;
| 3 | | (e) property owned by a school district.
The exemption | 4 | | under this subsection is not affected by any
transaction
in | 5 | | which, for
the purpose of obtaining financing, the school | 6 | | district,
directly or
indirectly, leases or otherwise | 7 | | transfers the property to another for which or
whom | 8 | | property is not exempt and immediately after the lease or | 9 | | transfer enters
into a leaseback
or other agreement that | 10 | | directly or indirectly gives the school district a
right to
| 11 | | use, control, and possess the property. In the case of a
| 12 | | conveyance
of the property, the school district must retain | 13 | | an option
to
purchase the property at a future date or, | 14 | | within the limitations period for
reverters, the property | 15 | | must revert back to the school district.
| 16 | | (1) If the property has been conveyed as described | 17 | | in this subsection,
the
property is no longer exempt | 18 | | under this Section as of the date when:
| 19 | | (A) the right of the school district to use, | 20 | | control,
and possess
the property is terminated;
| 21 | | (B) the school district no longer has an option | 22 | | to
purchase or otherwise acquire the property; and
| 23 | | (C) there is no provision for a reverter of the | 24 | | property to the school
district
within the | 25 | | limitations period for reverters.
| 26 | | (2) Pursuant to Sections 15-15 and 15-20 of this |
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| 1 | | Code, the school
district
shall notify the chief county | 2 | | assessment officer of
any transaction under this | 3 | | subsection. The chief county
assessment officer shall
| 4 | | determine initial and continuing compliance with the | 5 | | requirements of this
subsection for tax exemption. | 6 | | Failure to notify the chief county assessment
officer | 7 | | of a transaction under this subsection or to otherwise | 8 | | comply with the
requirements of Sections
15-15 and | 9 | | 15-20 of this Code shall, in the discretion of the | 10 | | chief county
assessment officer, constitute cause to | 11 | | terminate the exemption,
notwithstanding any other | 12 | | provision of this Code.
| 13 | | (3) No provision of this subsection shall be | 14 | | construed to affect the
obligation
of the school | 15 | | district to which an exemption certificate has been | 16 | | issued under
this Section from its obligation
under | 17 | | Section 15-10 of this Code to file
an annual | 18 | | certificate of status or to notify the chief county | 19 | | assessment
officer of transfers of interest or other | 20 | | changes in the status of the property
as required by | 21 | | this Code.
| 22 | | (4) The changes made by this amendatory Act of the | 23 | | 91st General Assembly
are declarative of existing law | 24 | | and shall not be construed as a new
enactment; and
| 25 | | (f) in counties with more than 200,000 inhabitants | 26 | | which
classify
property,
property of a corporation, which |
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| 1 | | is an exempt entity under paragraph (3) of
Section 501(c) | 2 | | of the Internal Revenue Code or its successor law, used by | 3 | | the
corporation for the following purposes: (1) conducting | 4 | | continuing education
for professional development of | 5 | | personnel in energy-related industries; (2)
maintaining a | 6 | | library of energy technology information available to | 7 | | students
and the public free of charge; and (3) conducting | 8 | | research in energy and
environment, which research results | 9 | | could be ultimately accessible to persons
involved in | 10 | | education.
| 11 | | (Source: P.A. 91-513, eff. 8-13-99; 91-578, eff.
8-14-99; | 12 | | 92-16, eff. 6-28-01.)
| 13 | | (35 ILCS 200/15-55)
| 14 | | Sec. 15-55. State property.
| 15 | | (a) All property belonging to the State of Illinois
is | 16 | | exempt. However, the State agency holding title shall file the | 17 | | certificate
of ownership and use required by Section 15-10, | 18 | | together with a copy of any
written lease or agreement, in | 19 | | effect on March 30 of the assessment year,
concerning parcels | 20 | | of 1 acre or more, or an explanation of the terms of any
oral | 21 | | agreement under which the property is leased, subleased or | 22 | | rented.
| 23 | | The leased property shall be assessed to the lessee and the | 24 | | taxes thereon
extended and billed to the lessee, and collected | 25 | | in the same manner as
for property which is not exempt. The |
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| 1 | | lessee shall be liable
for the taxes and no lien shall attach | 2 | | to the property of the State.
| 3 | | For the purposes of this Section, the word "leases" | 4 | | includes
licenses, franchises, operating agreements and other | 5 | | arrangements under which
private individuals, associations or | 6 | | corporations are granted the right to use
property of the | 7 | | Illinois State Toll Highway Authority and includes all property
| 8 | | of the Authority used by others without regard to the size of | 9 | | the leased
parcel.
| 10 | | (b) However, all property of every kind belonging to the | 11 | | State of
Illinois, which
is or may hereafter be leased to the | 12 | | Illinois Prairie Path Corporation, shall
be exempt from all | 13 | | assessments, taxation or collection, despite the making of
any | 14 | | such lease, if it is used for:
| 15 | | (1) conservation, nature trail or any other | 16 | | charitable,
scientific,
educational or recreational | 17 | | purposes with public benefit, including the
preserving and | 18 | | aiding in the preservation of natural areas, objects, | 19 | | flora,
fauna or biotic communities;
| 20 | | (2) the establishment of footpaths, trails and other | 21 | | protected
areas;
| 22 | | (3) the conservation of the proper use of natural
| 23 | | resources or the promotion of the study of plant and animal | 24 | | communities and
of other phases of ecology, natural history | 25 | | and conservation;
| 26 | | (4) the promotion of education in the fields of nature,
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| 1 | | preservation and
conservation; or
| 2 | | (5) similar public recreational activities conducted | 3 | | by the
Illinois
Prairie
Path Corporation.
| 4 | | No lien shall attach to the property of the State. No tax | 5 | | liability shall
become the obligation of or be enforceable | 6 | | against Illinois Prairie Path
Corporation.
| 7 | | (c) If the State sells the
James R.
Thompson Center
or the | 8 | | Elgin Mental Health Center and surrounding land located at 750 | 9 | | S.
State Street,
Elgin, Illinois, as provided in subdivision | 10 | | (a)(2) of Section 7.4 of
the State Property Control Act,
to
| 11 | | another entity whose property is not exempt and immediately | 12 | | thereafter enters
into a
leaseback or other agreement that | 13 | | directly or indirectly gives the State a
right to use,
control, | 14 | | and possess the property, that portion of the property leased | 15 | | and
occupied exclusively by the State shall remain exempt under | 16 | | this
Section.
For the property to remain exempt under this | 17 | | subsection (c), the State must
retain an
option to purchase the | 18 | | property at a future date or, within the limitations
period for
| 19 | | reverters, the property must revert back to the State.
| 20 | | If the property has been conveyed as described in this | 21 | | subsection (c), the
property
is no longer exempt pursuant to | 22 | | this Section as of the date when:
| 23 | | (1) the right of the State to use, control, and possess | 24 | | the property has
been
terminated; or
| 25 | | (2) the State no longer has an option to
purchase or | 26 | | otherwise acquire the property and
there is no provision |
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| 1 | | for a reverter of the property to the State
within the | 2 | | limitations period for reverters.
| 3 | | Pursuant to Sections 15-15 and 15-20 of this Code, the | 4 | | State shall notify the
chief
county assessment officer of any | 5 | | transaction under this subsection (c). The
chief county
| 6 | | assessment officer shall determine initial and continuing | 7 | | compliance with the
requirements of this Section for tax | 8 | | exemption. Failure to notify the chief
county
assessment | 9 | | officer of a transaction under this subsection (c) or to | 10 | | otherwise
comply with
the requirements of Sections 15-15 and | 11 | | 15-20 of this Code shall, in the
discretion of the
chief county | 12 | | assessment officer, constitute cause to terminate the | 13 | | exemption,
notwithstanding any other provision of this Code.
| 14 | | (c-1) If the Illinois State Toll Highway Authority sells | 15 | | the
Illinois State Toll Highway Authority headquarters | 16 | | building and surrounding
land,
located at 2700 Ogden Avenue, | 17 | | Downers Grove, Illinois
as provided in subdivision (a)(2) of | 18 | | Section 7.5 of
the State Property Control Act,
to
another | 19 | | entity whose property is not exempt and immediately thereafter | 20 | | enters
into a
leaseback or other agreement that directly or | 21 | | indirectly gives the State or the
Illinois State Toll Highway | 22 | | Authority a
right to use,
control, and possess the property, | 23 | | that portion of the property leased and
occupied exclusively by | 24 | | the State or the Authority shall remain exempt under
this
| 25 | | Section.
For the property to remain exempt under this | 26 | | subsection (c), the Authority must
retain an
option to purchase |
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| 1 | | the property at a future date or, within the limitations
period | 2 | | for
reverters, the property must revert back to the Authority.
| 3 | | If the property has been conveyed as described in this | 4 | | subsection (c), the
property
is no longer exempt pursuant to | 5 | | this Section as of the date when:
| 6 | | (1) the right of the State or the Authority to use, | 7 | | control, and possess
the
property has
been
terminated; or
| 8 | | (2) the Authority no longer has an option to
purchase | 9 | | or otherwise acquire the property and
there is no provision | 10 | | for a reverter of the property to the Authority
within the | 11 | | limitations period for reverters.
| 12 | | Pursuant to Sections 15-15 and 15-20 of this Code, the | 13 | | Authority
shall notify the
chief
county assessment officer of | 14 | | any transaction under this subsection (c). The
chief county
| 15 | | assessment officer shall determine initial and continuing | 16 | | compliance with the
requirements of this Section for tax | 17 | | exemption. Failure to notify the chief
county
assessment | 18 | | officer of a transaction under this subsection (c) or to | 19 | | otherwise
comply with
the requirements of Sections 15-15 and | 20 | | 15-20 of this Code shall, in the
discretion of the
chief county | 21 | | assessment officer, constitute cause to terminate the | 22 | | exemption,
notwithstanding any other provision of this Code.
| 23 | | (d) The fair market rent of each parcel of real property in | 24 | | Will
County owned by the State of Illinois for the purpose of | 25 | | developing an airport
by the Department of Transportation shall | 26 | | include the assessed value of
leasehold tax. The lessee of each |
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| 1 | | parcel of real property in Will
County owned by
the
State of | 2 | | Illinois for the purpose of developing an airport by the | 3 | | Department of
Transportation shall not be liable for the taxes | 4 | | thereon. In order for the
State to
compensate taxing districts | 5 | | for
the leasehold tax under this paragraph
the Will County | 6 | | Supervisor of Assessments shall
certify, in
writing, to the
| 7 | | Department of Transportation, the amount of leasehold taxes
| 8 | | extended for the 2002 property tax
year for
each such exempt | 9 | | parcel.
The Department of Transportation shall pay to the Will
| 10 | | County
Treasurer, from the Tax Recovery Fund, on or before July | 11 | | 1 of each
year, the amount of leasehold taxes for each such | 12 | | exempt parcel as certified
by the Will County Supervisor of | 13 | | Assessments. The tax compensation shall
terminate
on
December | 14 | | 31, 2020. It is the duty of the Department of Transportation to | 15 | | file
with the
Office of the Will County Supervisor of | 16 | | Assessments an affidavit stating the
termination
date for | 17 | | rental of each such parcel due to airport construction. The | 18 | | affidavit
shall include
the property identification number for | 19 | | each such parcel. In no instance shall
tax
compensation for | 20 | | property owned by the State be deemed delinquent or bear
| 21 | | interest. In
no instance shall a lien attach to the property of | 22 | | the State. In no instance
shall the State
be required to pay | 23 | | leasehold tax compensation in excess of the Tax
Recovery Fund's | 24 | | balance.
| 25 | | (e) Public Act 81-1026 applies to all leases or agreements | 26 | | entered into
or
renewed on or after September 24, 1979.
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| 1 | | (f) Notwithstanding anything to the contrary in this Code, | 2 | | all property owned by the State that is the Illiana Expressway, | 3 | | as defined in the Public Private Agreements for the Illiana | 4 | | Expressway Act, and that is used for transportation purposes | 5 | | and that is leased for those purposes to another entity whose | 6 | | property is not exempt shall remain exempt, and any leasehold | 7 | | interest in the property shall not be subject to taxation under | 8 | | Section 9-195 of this Act. | 9 | | (g) Notwithstanding anything to the contrary in this | 10 | | Section, all property owned by the State or the Illinois State | 11 | | Toll Highway Authority that is defined as a transportation | 12 | | project under the Public-Private Partnerships for | 13 | | Transportation Act and that is used for transportation purposes | 14 | | and that is leased for those purposes to another entity whose | 15 | | property is not exempt shall remain exempt, and any leasehold | 16 | | interest in the property shall not be subject to taxation under | 17 | | Section 9-195 of this Act. | 18 | | (h) Notwithstanding any other provision of law, property | 19 | | that is owned by the State and leased to a unit of local | 20 | | government or a school district is exempt, and those leasehold | 21 | | interests are exempt, from taxation under this Code or any | 22 | | other provision of law. | 23 | | (Source: P.A. 96-192, eff. 8-10-09; 96-913, eff. 6-9-10; | 24 | | 97-502, eff. 8-23-11.)
| 25 | | (35 ILCS 200/15-57 new) |
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| 1 | | Sec. 15-57. Government property leased to another | 2 | | government entity. If property is owned by the State, a unit of | 3 | | local government, or a school district and that property is | 4 | | leased to the State, a unit of local government, or a school | 5 | | district, then the property is exempt from taxation under this | 6 | | Code and the leasehold interest is exempt from taxation under | 7 | | this Code or under any other law. The provisions of this | 8 | | Section apply notwithstanding any other provision of law.
| 9 | | (35 ILCS 200/15-60)
| 10 | | Sec. 15-60. Taxing district property. All property | 11 | | belonging to any county
or municipality used exclusively for | 12 | | the maintenance of the poor is exempt,
as is all property owned | 13 | | by a taxing district that is being held for future
expansion or | 14 | | development, except if leased by the taxing district to lessees
| 15 | | for use for other than public purposes.
| 16 | | Also exempt are:
| 17 | | (a) all swamp or overflowed lands belonging to any | 18 | | county;
| 19 | | (b) all public buildings belonging to any county, | 20 | | township, or
municipality, with the ground on which the | 21 | | buildings are erected;
| 22 | | (c) all property owned by any municipality located | 23 | | within its
incorporated limits. Any such property leased by | 24 | | a municipality shall
remain exempt, and the leasehold | 25 | | interest of the lessee shall be assessed under
Section |
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| 1 | | 9-195 of this Act, (i) for a lease entered into on or after | 2 | | January 1,
1994, unless the lease expressly provides that | 3 | | this exemption shall not apply;
(ii) for a lease entered | 4 | | into on or after the effective date of Public Act
87-1280 | 5 | | and before January 1, 1994, unless the lease expressly | 6 | | provides that
this exemption shall not apply or unless | 7 | | evidence other than the lease itself
substantiates the | 8 | | intent of the parties to the lease that this exemption | 9 | | shall
not apply; and (iii) for a lease entered into before | 10 | | the effective date of
Public Act 87-1280, if the terms of | 11 | | the lease do not bind the lessee to pay the
taxes on the | 12 | | leased property or if, notwithstanding the terms of the | 13 | | lease, the
municipality has filed or hereafter files a | 14 | | timely exemption petition or
complaint with respect to | 15 | | property consisting of or including the leased
property for | 16 | | an assessment year which includes part or all of the first | 17 | | 12
months of the lease period. The foregoing clause (iii) | 18 | | added by Public Act
87-1280 shall not operate to exempt | 19 | | property for any assessment year as to
which no timely | 20 | | exemption petition or complaint has been filed by the
| 21 | | municipality or as to which an administrative or court | 22 | | decision denying
exemption has become final and | 23 | | nonappealable. For each assessment year or
portion thereof | 24 | | that property is made exempt by operation of the foregoing
| 25 | | clause (iii), whether such year or portion is before or | 26 | | after the effective
date of Public Act 87-1280, the |
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| 1 | | leasehold interest of the lessee shall, if
necessary, be | 2 | | considered omitted property for purposes of this Act;
| 3 | | (c-5) Notwithstanding clause (i) of subsection (c), | 4 | | all property owned by
a municipality with a population of | 5 | | over 500,000 that is used for toll road or
toll bridge | 6 | | purposes and that is leased for those purposes to another | 7 | | entity
whose property is not exempt shall remain exempt, | 8 | | and any leasehold interest in
the property shall not be | 9 | | subject to taxation under Section 9-195 of this Act;
| 10 | | (d) all property owned by any municipality located | 11 | | outside its
incorporated limits but within the same county | 12 | | when used as a tuberculosis
sanitarium, farm colony in | 13 | | connection with a house of correction, or nursery,
garden, | 14 | | or farm, or for the growing of shrubs, trees, flowers, | 15 | | vegetables, and
plants for use in beautifying, | 16 | | maintaining, and operating playgrounds, parks,
parkways, | 17 | | public grounds, buildings, and institutions owned or | 18 | | controlled
by the municipality; and
| 19 | | (e) all property owned by a township and operated as | 20 | | senior citizen
housing under Sections 35-50 through | 21 | | 35-50.6 of the Township Code ; and .
| 22 | | (f) all property owned by the Executive Board of the | 23 | | Mutual Aid Box Alarm System (MABAS), a unit of | 24 | | intergovernmental cooperation, that is used for the public | 25 | | purpose of disaster preparedness and response for units of | 26 | | local government and the State of Illinois pursuant to |
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| 1 | | Section 10 of Article VII of the Illinois Constitution and | 2 | | the Intergovernmental Cooperation Act. | 3 | | All property owned by any municipality outside of its | 4 | | corporate limits is
exempt if used exclusively for municipal or | 5 | | public purposes.
| 6 | | Notwithstanding any other provision of law, property that | 7 | | is owned by a unit of local government and leased to the State, | 8 | | another unit of local government, or a school district is | 9 | | exempt, and those leasehold interests are exempt, from taxation | 10 | | under this Code or any other provision of law. | 11 | | For purposes of this Section, "municipality" means a | 12 | | municipality, as
defined in Section 1-1-2 of the Illinois | 13 | | Municipal Code.
| 14 | | (Source: P.A. 92-844, eff. 8-23-02; 92-846, eff. 8-23-02.)
| 15 | | (35 ILCS 200/15-100)
| 16 | | Sec. 15-100. Public transportation systems.
| 17 | | (a) All property belonging to any
municipal corporation | 18 | | created for the sole purpose of owning and operating a
| 19 | | transportation system for public service is exempt.
| 20 | | (b) Property owned by
(i) a municipal corporation of | 21 | | 500,000 or more
inhabitants, used for public transportation | 22 | | purposes, and
operated by the Chicago Transit Authority;
(ii) | 23 | | the Regional Transportation Authority;
(iii) any
service board | 24 | | or division of the Regional Transportation Authority; (iv) the
| 25 | | Northeast Illinois Regional Commuter Railroad Corporation; or
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| 1 | | (v) the Chicago Transit Authority
shall be exempt.
For purposes | 2 | | of this Section alone,
the Regional Transportation Authority, | 3 | | any service board or division of the
Regional Transportation | 4 | | Authority, the Northeast Illinois Regional Commuter
Railroad | 5 | | Corporation, the Chicago Transit Authority, or a
municipal | 6 | | corporation, as defined in item (i),
shall be deemed an | 7 | | "eligible transportation authority". The
exemption provided in | 8 | | this subsection shall not be affected by any transaction
in | 9 | | which, for
the purpose of obtaining financing, the eligible | 10 | | transportation authority,
directly or
indirectly, leases or | 11 | | otherwise transfers such property to another whose
property is | 12 | | not exempt and immediately thereafter enters into a leaseback | 13 | | or
other agreement that directly or indirectly gives the | 14 | | eligible transportation
authority
a right to use, control, and | 15 | | possess the property. In the case of a conveyance
of such | 16 | | property, the eligible transportation authority must retain an | 17 | | option
to
purchase the property at a future date or, within the | 18 | | limitations period for
reverters, the property must revert back | 19 | | to the eligible transportation
authority.
| 20 | | (c) If such property has been conveyed as described in | 21 | | subsection (b), the
property will no longer be exempt pursuant | 22 | | to this Section as of the date when:
| 23 | | (1) the right of the eligible transportation authority | 24 | | to use, control,
and possess
the property has been | 25 | | terminated;
| 26 | | (2) the eligible transportation authority no longer |
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| 1 | | has an option to
purchase or otherwise acquire the | 2 | | property; and
| 3 | | (3) there is no provision for a reverter of the | 4 | | property to the eligible
transportation authority within | 5 | | the limitations period for reverters.
| 6 | | (d) Pursuant to Sections 15-15 and 15-20 of this Code, the | 7 | | eligible
transportation authority shall notify the chief | 8 | | county assessment officer of
any transaction under subsection | 9 | | (b) of this Section. The chief county
assessment officer shall
| 10 | | determine initial and continuing compliance with the | 11 | | requirements of this
Section for tax exemption. Failure to | 12 | | notify the chief county assessment
officer of a transaction | 13 | | under this Section or to otherwise comply with the
requirements | 14 | | of Sections
15-15 and 15-20 of this Code shall, in the | 15 | | discretion of the chief county
assessment officer, constitute | 16 | | cause to terminate the exemption,
notwithstanding any other | 17 | | provision of this Code.
| 18 | | (d-5) Notwithstanding any other provision of law, if | 19 | | property that is described in subsection (a) or (b) of this | 20 | | Section is leased to the State, a unit of local government, or | 21 | | a school district, then that property is exempt, and those | 22 | | leasehold interests are exempt, from taxation under this Code | 23 | | or any other provision of law. | 24 | | (e) No provision of this Section shall be construed to | 25 | | affect the obligation
of the eligible transportation authority | 26 | | to which an exemption certificate has
been issued
under this |
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| 1 | | Section from its obligation under Section 15-10 of this Code to | 2 | | file
an annual certificate of status or to notify the chief | 3 | | county assessment
officer of transfers of interest or other | 4 | | changes in the status of the property
as required by this Code.
| 5 | | (f) The changes made by this amendatory Act of 1997 are | 6 | | declarative of
existing law and shall not be construed as a new | 7 | | enactment.
| 8 | | (Source: P.A. 90-562, eff. 12-16-97.)
| 9 | | (35 ILCS 200/15-103)
| 10 | | Sec. 15-103. Bi-State Development Agency.
| 11 | | (a) Property owned by
the Bi-State
Development Agency of | 12 | | the Missouri-Illinois Metropolitan District is
exempt.
| 13 | | (b) The exemption under this Section is not affected by any
| 14 | | transaction
in which, for
the purpose of obtaining financing, | 15 | | the Agency,
directly or
indirectly, leases or otherwise | 16 | | transfers the property to another for which or
whom property is | 17 | | not exempt and immediately after the lease or transfer enters
| 18 | | into a leaseback
or other agreement that directly or indirectly | 19 | | gives the Agency a right to
use, control, and possess the | 20 | | property. In the case of a
conveyance
of the property, the | 21 | | Agency must retain an option
to
purchase the property at a | 22 | | future date or, within the limitations period for
reverters, | 23 | | the property must revert back to the Agency.
| 24 | | (c) If the property has been conveyed as described in | 25 | | subsection (b), the
property is no longer exempt under this |
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| 1 | | Section as of the date when:
| 2 | | (1) the right of the Agency to use, control,
and | 3 | | possess
the property is terminated;
| 4 | | (2) the Agency no longer has an option to
purchase or | 5 | | otherwise acquire the property; and
| 6 | | (3) there is no provision for a reverter of the | 7 | | property to the Agency
within the limitations period for | 8 | | reverters.
| 9 | | (d) Pursuant to Sections 15-15 and 15-20 of this Code, the | 10 | | Agency
shall notify the chief county assessment officer of
any | 11 | | transaction under subsection (b). The chief county
assessment | 12 | | officer shall
determine initial and continuing compliance with | 13 | | the requirements of this
Section for tax exemption. Failure to | 14 | | notify the chief county assessment
officer of a transaction | 15 | | under this Section or to otherwise comply with the
requirements | 16 | | of Sections
15-15 and 15-20 of this Code shall, in the | 17 | | discretion of the chief county
assessment officer, constitute | 18 | | cause to terminate the exemption,
notwithstanding any other | 19 | | provision of this Code.
| 20 | | (d-5) Notwithstanding any other provision of law, property | 21 | | that is owned by
the Bi-State
Development Agency of the | 22 | | Missouri-Illinois Metropolitan District and leased to the | 23 | | State, another unit of local government, or a school district | 24 | | is exempt, and those leasehold interests are exempt, from | 25 | | taxation under this Code or any other provision of law. | 26 | | (e) No provision of this Section shall be construed to |
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| 1 | | affect the obligation
of the Agency
under Section 15-10 of this | 2 | | Code to file
an annual certificate of status or to notify the | 3 | | chief county assessment
officer of transfers of interest or | 4 | | other changes in the status of the property
as required by this | 5 | | Code.
| 6 | | (Source: P.A. 91-513, eff. 8-13-99.)
| 7 | | Section 90. The State Mandates Act is amended by adding | 8 | | Section 8.36 as follows: | 9 | | (30 ILCS 805/8.36 new) | 10 | | Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8 | 11 | | of this Act, no reimbursement by the State is required for the | 12 | | implementation of any mandate created by this amendatory Act of | 13 | | the 97th General Assembly. | 14 | | Section 95. Applicability. The changes made by this | 15 | | amendatory Act of the 97th General Assembly apply to taxable | 16 | | years 2010 and thereafter. In addition, those changes and | 17 | | additions also apply to taxable years prior to 2010, but no | 18 | | such taxes paid for any taxable year prior to 2010 need be | 19 | | refunded. | 20 | | Section 97. Severability. The provisions of this Act are | 21 | | severable under Section 1.31 of the Statute on Statutes. |
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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