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90_HB0275
35 ILCS 200/15-65
Amends the Property Tax Code. Includes in the list of
property granted an exemption based on charitable purposes
academic or research institutes that qualify for the
charitable purposes exemption under the Internal Revenue Code
of 1986 because they operate for the benefit of the public by
actually and exclusively performing scientific research and
making the result of the research available to the public on
a non-discriminatory basis.
LRB9000458KRkb
LRB9000458KRkb
1 AN ACT to amend the Property Tax Code by changing Section
2 15-65.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Property Tax Code is amended by changing
6 Section 15-65 as follows:
7 (35 ILCS 200/15-65)
8 Sec. 15-65. Charitable purposes. All property of the
9 following is exempt when actually and exclusively used for
10 charitable or beneficent purposes, and not leased or
11 otherwise used with a view to profit:
12 (a) Institutions of public charity.
13 (b) Beneficent and charitable organizations
14 incorporated in any state of the United States, including
15 organizations whose owner, and no other person, uses the
16 property exclusively for the distribution, sale, or
17 resale of donated goods and related activities and uses
18 all the income from those activities to support the
19 charitable, religious or beneficent activities of the
20 owner, whether or not such activities occur on the
21 property.
22 (c) Old people's homes, facilities for persons with
23 a developmental disability, and not-for-profit
24 organizations providing services or facilities related to
25 the goals of educational, social and physical
26 development, if, upon making application for the
27 exemption, the applicant provides affirmative evidence
28 that the home or facility or organization is an exempt
29 organization under paragraph (3) of Section 501(c) of the
30 Internal Revenue Code or its successor, and either: (i)
31 the bylaws of the home or facility or not-for-profit
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1 organization provide for a waiver or reduction, based on
2 an individual's ability to pay, of any entrance fee,
3 assignment of assets, or fee for services, or (ii) the
4 home or facility is qualified, built or financed under
5 Section 202 of the National Housing Act of 1959, as
6 amended.
7 An applicant that has been granted an exemption
8 under this subsection on the basis that its bylaws
9 provide for a waiver or reduction, based on an
10 individual's ability to pay, of any entrance fee,
11 assignment of assets, or fee for services may be
12 periodically reviewed by the Department to determine if
13 the waiver or reduction was a past policy or is a current
14 policy. The Department may revoke the exemption if it
15 finds that the policy for waiver or reduction is no
16 longer current.
17 (d) Not-for-profit health maintenance organizations
18 certified by the Director of the Illinois Department of
19 Insurance under the Health Maintenance Organization Act,
20 including any health maintenance organization that
21 provides services to members at prepaid rates approved by
22 the Illinois Department of Insurance if the membership of
23 the organization is sufficiently large or of indefinite
24 classes so that the community is benefited by its
25 operation. No exemption shall apply to any hospital or
26 health maintenance organization which has been
27 adjudicated by a court of competent jurisdiction to have
28 denied admission to any person because of race, color,
29 creed, sex or national origin.
30 (e) All free public libraries.
31 (f) An historical society, but only if all taxing
32 districts within which the property is situated have
33 adopted a resolution finding that the society is a
34 charitable organization using the property exclusively
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1 for charitable purposes.
2 (g) Academic or research institutes that are exempt
3 organizations under paragraph (3) of Section 501(c) of
4 the Internal Revenue Code, or its successor, that operate
5 for the benefit of the public by actually and exclusively
6 performing scientific research and making the result of
7 the research available to the interested public on a
8 non-discriminatory basis.
9 Property otherwise qualifying for an exemption under this
10 Section shall not lose its exemption because the legal title
11 is held (i) by an entity that is organized solely to hold
12 that title and that qualifies under paragraph (2) of Section
13 501(c) of the Internal Revenue Code or its successor, whether
14 or not that entity receives rent from the charitable
15 organization for the repair and maintenance of the property
16 or (ii) by an entity that is organized as a partnership, in
17 which the charitable organization, or an affiliate or
18 subsidiary of the charitable organization, is a general
19 partner, for the purposes of owning and operating a
20 residential rental property that has received an allocation
21 of Low Income Housing Tax Credits for 100% of the dwelling
22 units under Section 42 of the Internal Revenue Code of 1986.
23 (Source: P.A. 88-455; 88-660, eff. 9-16-94; 88-670, eff.
24 12-2-94; 88-676, eff. 12-4-94; 89-235, eff. 8-4-95; 89-426,
25 eff. 6-1-96; 89-626, eff. 8-9-96.)