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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_SB0162
35 ILCS 200/15-60
70 ILCS 805/23 new
Amends the Property Tax Code. Exempts all public
buildings belonging to any county, township, or municipality
(now, county, township, city, or incorporated town), with the
ground on which the building is erected. Changes references
from city or village to municipality. Amends the Downstate
Forest Preserve District Act. Allows a forest preserve
district to transfer the interest earned from any moneys of
the district into the fund that is most in need of the
income. Restricts transfers of interest income earned by
certain funds.
LRB9001718DNsb
LRB9001718DNsb
1 AN ACT concerning districts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Property Tax Code is amended by changing
5 Section 15-60 as follows:
6 (35 ILCS 200/15-60)
7 Sec. 15-60. Taxing district property. All property
8 belonging to any county or municipality, village, or city
9 used exclusively for the maintenance of the poor is exempt,
10 as is all property owned by a taxing district that is being
11 held for future expansion or development, except if leased by
12 the taxing district to lessees for use for other than public
13 purposes.
14 Also exempt are:
15 (a) all swamp or overflowed lands belonging to any
16 county;
17 (b) all public buildings belonging to any county,
18 township, or municipality city, or incorporated town,
19 with the ground on which the buildings are erected;
20 (c) all property owned by any municipality city or
21 village located within its incorporated limits. Any such
22 property leased by a municipality city or village shall
23 remain exempt, and the leasehold interest of the lessee
24 shall be assessed under Section 9-195 of this Act, (i)
25 for a lease entered into on or after January 1, 1994,
26 unless the lease expressly provides that this exemption
27 shall not apply; (ii) for a lease entered into on or
28 after the effective date of Public Act 87-1280 and before
29 January 1, 1994, unless the lease expressly provides that
30 this exemption shall not apply or unless evidence other
31 than the lease itself substantiates the intent of the
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1 parties to the lease that this exemption shall not apply;
2 and (iii) for a lease entered into before the effective
3 date of Public Act 87-1280, if the terms of the lease do
4 not bind the lessee to pay the taxes on the leased
5 property or if, notwithstanding the terms of the lease,
6 the municipality city or village has filed or hereafter
7 files a timely exemption petition or complaint with
8 respect to property consisting of or including the leased
9 property for an assessment year which includes part or
10 all of the first 12 months of the lease period. The
11 foregoing clause (iii) added by Public Act 87-1280 shall
12 not operate to exempt property for any assessment year as
13 to which no timely exemption petition or complaint has
14 been filed by the municipality city or village or as to
15 which an administrative or court decision denying
16 exemption has become final and nonappealable. For each
17 assessment year or portion thereof that property is made
18 exempt by operation of the foregoing clause (iii),
19 whether such year or portion is before or after the
20 effective date of Public Act 87-1280, the leasehold
21 interest of the lessee shall, if necessary, be considered
22 omitted property for purposes of this Act;
23 (d) all property owned by any municipality city or
24 village located outside its incorporated limits but
25 within the same county when used as a tuberculosis
26 sanitarium, farm colony in connection with a house of
27 correction, or nursery, garden, or farm, or for the
28 growing of shrubs, trees, flowers, vegetables, and plants
29 for use in beautifying, maintaining, and operating
30 playgrounds, parks, parkways, public grounds, buildings,
31 and institutions owned or controlled by the municipality
32 city or village; and
33 (e) all property owned by a township and operated
34 as senior citizen housing under Sections 35-50 through
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1 35-50.6 of the Township Code.
2 All property owned by any municipality city or village
3 outside of its corporate limits is exempt if used exclusively
4 for municipal or public purposes.
5 (Source: P.A. 88-455; 89-165, eff. 1-1-96.)
6 Section 10. The Downstate Forest Preserve District Act
7 is amended by adding Section 23 as follows:
8 (70 ILCS 805/23 new)
9 Sec. 23. Transfer of interest income. Each forest
10 preserve district shall have the power to transfer the
11 interest earned from any moneys of the district into the
12 respective fund of the district that is most in need of the
13 interest income, as determined by the board of commissioners.
14 This Section does not apply to any interest earned that has
15 been earmarked or restricted by the board for a designated
16 purpose. This Section does not apply to any interest earned
17 on any funds for purposes of the Illinois Municipal
18 Retirement Fund under the Pension Code or tort immunity under
19 the Local Governmental and Governmental Employees Tort
20 Immunity Act. Interest earned on these exempted funds shall
21 be used only for the purposes authorized for the respective
22 exempted funds from which the interest earnings were derived.