Illinois General Assembly - Full Text of Public Act 096-0192
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Public Act 096-0192


 

Public Act 0192 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0192
 
HB1055 Enrolled LRB096 08479 RCE 18599 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Finance Act is amended by changing
Section 6z-59 as follows:
 
    (30 ILCS 105/6z-59)
    Sec. 6z-59. The Tax Recovery Fund. There is created in the
State treasury the Tax Recovery Fund. Through December 31, 2020
2010, all moneys received from the rental, authorized under
Section 2705-555 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, of land, buildings, or
improvements on property held for development of an airport in
Will County by the Department of Transportation shall be
remitted to the State Treasurer for payment into the Tax
Recovery Fund. Subject to appropriation, the moneys in the Fund
shall be expended with the following priority: (1) to
compensate taxing districts for leasehold taxes then (2) to the
General Revenue Fund less any money necessary to pay
maintenance and repair costs for that real property. The tax
compensation shall be determined in accordance with Sections
9-195 and 15-55 of the Property Tax Code. Expenditures for
these purposes may be made by Department of Transportation
without regard to the fiscal year in which tax compensation
liability and property maintenance and repair costs were
incurred. Unexpended moneys in the Fund shall not be
transferred or allocated by the Comptroller or Treasurer to any
other fund nor shall the Governor authorize the transfer or
allocation of those moneys to any other fund. After December
31, 2020 2010, all moneys received from the rental, authorized
under Section 2705-555 of the Department of Transportation Law
of the Civil Administrative Code of Illinois, of land,
buildings, or improvements on property held for the development
of an airport in Will County by the Department of
Transportation shall not be remitted to the Tax Recovery Fund
but shall instead be paid to the General Revenue Fund. The
balance remaining in the Tax Recovery Fund on December 31, 2020
2010 shall first be expended to compensate taxing districts for
leasehold taxes for the 2020 2010 tax assessment year, and then
transferred to the General Revenue Fund for the purpose of debt
service on State bonds issued to provide funds for airport land
acquisition in Will County.
(Source: P.A. 93-658, eff. 1-22-04.)
 
    Section 10. The Property Tax Code is amended by changing
Section 15-55 as follows:
 
    (35 ILCS 200/15-55)
    Sec. 15-55. State property.
    (a) All property belonging to the State of Illinois is
exempt. However, the State agency holding title shall file the
certificate of ownership and use required by Section 15-10,
together with a copy of any written lease or agreement, in
effect on March 30 of the assessment year, concerning parcels
of 1 acre or more, or an explanation of the terms of any oral
agreement under which the property is leased, subleased or
rented.
    The leased property shall be assessed to the lessee and the
taxes thereon extended and billed to the lessee, and collected
in the same manner as for property which is not exempt. The
lessee shall be liable for the taxes and no lien shall attach
to the property of the State.
    For the purposes of this Section, the word "leases"
includes licenses, franchises, operating agreements and other
arrangements under which private individuals, associations or
corporations are granted the right to use property of the
Illinois State Toll Highway Authority and includes all property
of the Authority used by others without regard to the size of
the leased parcel.
    (b) However, all property of every kind belonging to the
State of Illinois, which is or may hereafter be leased to the
Illinois Prairie Path Corporation, shall be exempt from all
assessments, taxation or collection, despite the making of any
such lease, if it is used for:
        (1) conservation, nature trail or any other
    charitable, scientific, educational or recreational
    purposes with public benefit, including the preserving and
    aiding in the preservation of natural areas, objects,
    flora, fauna or biotic communities;
        (2) the establishment of footpaths, trails and other
    protected areas;
        (3) the conservation of the proper use of natural
    resources or the promotion of the study of plant and animal
    communities and of other phases of ecology, natural history
    and conservation;
        (4) the promotion of education in the fields of nature,
    preservation and conservation; or
        (5) similar public recreational activities conducted
    by the Illinois Prairie Path Corporation.
    No lien shall attach to the property of the State. No tax
liability shall become the obligation of or be enforceable
against Illinois Prairie Path Corporation.
    (c) If the State sells the James R. Thompson Center or the
Elgin Mental Health Center and surrounding land located at 750
S. State Street, Elgin, Illinois, as provided in subdivision
(a)(2) of Section 7.4 of the State Property Control Act, to
another entity whose property is not exempt and immediately
thereafter enters into a leaseback or other agreement that
directly or indirectly gives the State a right to use, control,
and possess the property, that portion of the property leased
and occupied exclusively by the State shall remain exempt under
this Section. For the property to remain exempt under this
subsection (c), the State must retain an option to purchase the
property at a future date or, within the limitations period for
reverters, the property must revert back to the State.
    If the property has been conveyed as described in this
subsection (c), the property is no longer exempt pursuant to
this Section as of the date when:
        (1) the right of the State to use, control, and possess
    the property has been terminated; or
        (2) the State no longer has an option to purchase or
    otherwise acquire the property and there is no provision
    for a reverter of the property to the State within the
    limitations period for reverters.
    Pursuant to Sections 15-15 and 15-20 of this Code, the
State shall notify the chief county assessment officer of any
transaction under this subsection (c). The chief county
assessment officer shall determine initial and continuing
compliance with the requirements of this Section for tax
exemption. Failure to notify the chief county assessment
officer of a transaction under this subsection (c) or to
otherwise comply with the requirements of Sections 15-15 and
15-20 of this Code shall, in the discretion of the chief county
assessment officer, constitute cause to terminate the
exemption, notwithstanding any other provision of this Code.
    (c-1) If the Illinois State Toll Highway Authority sells
the Illinois State Toll Highway Authority headquarters
building and surrounding land, located at 2700 Ogden Avenue,
Downers Grove, Illinois as provided in subdivision (a)(2) of
Section 7.5 of the State Property Control Act, to another
entity whose property is not exempt and immediately thereafter
enters into a leaseback or other agreement that directly or
indirectly gives the State or the Illinois State Toll Highway
Authority a right to use, control, and possess the property,
that portion of the property leased and occupied exclusively by
the State or the Authority shall remain exempt under this
Section. For the property to remain exempt under this
subsection (c), the Authority must retain an option to purchase
the property at a future date or, within the limitations period
for reverters, the property must revert back to the Authority.
    If the property has been conveyed as described in this
subsection (c), the property is no longer exempt pursuant to
this Section as of the date when:
        (1) the right of the State or the Authority to use,
    control, and possess the property has been terminated; or
        (2) the Authority no longer has an option to purchase
    or otherwise acquire the property and there is no provision
    for a reverter of the property to the Authority within the
    limitations period for reverters.
    Pursuant to Sections 15-15 and 15-20 of this Code, the
Authority shall notify the chief county assessment officer of
any transaction under this subsection (c). The chief county
assessment officer shall determine initial and continuing
compliance with the requirements of this Section for tax
exemption. Failure to notify the chief county assessment
officer of a transaction under this subsection (c) or to
otherwise comply with the requirements of Sections 15-15 and
15-20 of this Code shall, in the discretion of the chief county
assessment officer, constitute cause to terminate the
exemption, notwithstanding any other provision of this Code.
    (d) The fair market rent of each parcel of real property in
Will County owned by the State of Illinois for the purpose of
developing an airport by the Department of Transportation shall
include the assessed value of leasehold tax. The lessee of each
parcel of real property in Will County owned by the State of
Illinois for the purpose of developing an airport by the
Department of Transportation shall not be liable for the taxes
thereon. In order for the State to compensate taxing districts
for the leasehold tax under this paragraph the Will County
Supervisor of Assessments shall certify, in writing, to the
Department of Transportation, the amount of leasehold taxes
extended for the 2002 property tax year for each such exempt
parcel. The Department of Transportation shall pay to the Will
County Treasurer, from the Tax Recovery Fund, on or before July
1 of each year, the amount of leasehold taxes for each such
exempt parcel as certified by the Will County Supervisor of
Assessments. The tax compensation shall terminate on December
31, 2020 2010. It is the duty of the Department of
Transportation to file with the Office of the Will County
Supervisor of Assessments an affidavit stating the termination
date for rental of each such parcel due to airport
construction. The affidavit shall include the property
identification number for each such parcel. In no instance
shall tax compensation for property owned by the State be
deemed delinquent or bear interest. In no instance shall a lien
attach to the property of the State. In no instance shall the
State be required to pay leasehold tax compensation in excess
of the Tax Recovery Fund's balance.
    (e) Public Act 81-1026 applies to all leases or agreements
entered into or renewed on or after September 24, 1979.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/10/2009