Full Text of SB0791 99th General Assembly
SB0791ham001 99TH GENERAL ASSEMBLY
| Rep. Ed Sullivan Filed: 5/7/2015
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| | 1 | | AMENDMENT TO SENATE BILL 791
| | 2 | | AMENDMENT NO. ______. Amend Senate Bill 791 on page 1, | | 3 | | immediately before line 4, by inserting the following:
| | 4 | | "Section 3. The Property Tax Code is amended by changing | | 5 | | Section 9-195 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, or Section 6c of the | | 14 | | Downstate Forest Preserve District Act.
| | 15 | | (Source: P.A. 97-1161, eff. 6-1-13.)"; and
| | 16 | | on page 1, line 20, after "lease", by inserting "or sell"; and
| | 17 | | on page 2, by replacing line 7 with "shall not exceed 10 years | | 18 | | in duration and shall expressly state that a non-exempt lessee | | 19 | | is liable for the payment of property taxes under Section 9-195 | | 20 | | of the Property Tax Code.".
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