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Public Act 097-1161
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| HB4110 Enrolled | LRB097 17764 HLH 62979 b |
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AN ACT concerning revenue.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Property Tax Code is amended by changing |
Sections 9-195 and 15-160 as follows:
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(35 ILCS 200/9-195)
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Sec. 9-195. Leasing of exempt property.
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(a) Except as provided in Sections 15-35, 15-55, 15-60, |
15-100,
15-103, 15-160, and 15-185,
when property which is |
exempt from taxation is leased to another whose property
is not |
exempt, and the leasing of which does not make the property |
taxable,
the leasehold estate and the appurtenances shall be |
listed as the property of
the lessee thereof, or his or her |
assignee. Taxes on that property shall be
collected in the same |
manner as on property that is not exempt, and the lessee
shall |
be liable for those taxes. However, no tax lien shall attach to |
the
exempt real estate. The changes made by this amendatory Act |
of 1997 and by this
amendatory Act of the 91st General Assembly |
are declaratory of existing law
and shall not be construed as a |
new enactment. The changes made by Public Acts
88-221 and |
88-420 that are incorporated into this Section by this |
amendatory
Act of 1993 are declarative of existing law and are |
not a new enactment.
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(b) The provisions of this Section regarding taxation of |
leasehold interests
in exempt property do not apply to any |
leasehold interest created pursuant to
any transaction |
described in subsection (e) of Section 15-35, subsection (c-5)
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of Section 15-60, subsection (b) of Section 15-100, Section |
15-103, Section 15-160, or
Section 15-185.
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(Source: P.A. 92-844, eff. 8-23-02; 92-846, eff.
8-23-02; |
93-19, eff. 6-20-03.)
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(35 ILCS 200/15-160)
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Sec. 15-160. Airport authorities and airports. |
(a) All property belonging to any
Airport Authority and |
used for Airport Authority purposes or leased to another
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entity, which property use would be exempt from taxation under |
this Code if
it were owned by the lessee entity, is exempt. |
However, the provision added by
Public Act 86-219 shall not |
apply to any property of any Airport Authority
located in a |
county with more than 3,000,000 inhabitants. Property acquired
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for airport purposes by an Authority shall remain subject to |
any tax previously
levied to pay bonds issued and outstanding |
on the date of acquisition.
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(b) Also exempt is any airport or restricted land area or |
other air navigation
facility owned, controlled, operated or |
leased by another state or a political
subdivision of another |
state under the provisions of Sections 25.01 to 25.04,
both |
inclusive, of the "Illinois Aeronautics Act". However if at the |
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time of
the acquisition of property to be used for public |
airport purposes the city,
village, township or school |
district, in which said property is located is
indebted for any |
amount for payment of which it provided for the collection of
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taxes, the property acquired for public airport purposes shall |
be subject to
taxation for the payment of said indebtedness in |
the same proportion as said
property bore to the taxable |
property in said city, village, township or school
district |
immediately before the acquisition thereof, according to the |
last
assessment for taxation.
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(c) If property of the Metropolitan Airport Authority of |
Rock Island County is leased to a fixed base operator that |
provides aeronautical services to the public, then those |
leasehold interests and any improvements thereon are exempt. |
(Source: Laws 1963, p. 1725; P.A. 86-219; 88-455.)
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