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92nd General Assembly

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Public Act 92-0844

HB1276 Enrolled                                LRB9203258SMdv

    AN ACT in relation to taxes.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Property Tax Code is amended by changing
Sections 9-195 and  15-60 as follows:

    (35 ILCS 200/9-195)
    Sec. 9-195.  Leasing of exempt property.
    (a)  Except as provided in Sections 15-35, 15-55,  15-60,
15-100,  and  15-103,  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.
    (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) of Section 15-60, subsection (b) of Section 15-100,  or
Section 15-103.
(Source: P.A. 90-562, eff. 12-16-97; 91-513, eff. 8-13-99.)
    (35 ILCS 200/15-60)
    Sec.  15-60.   Taxing  district  property.  All  property
belonging  to any county or municipality used exclusively for
the maintenance of the poor is exempt,  as  is  all  property
owned  by  a  taxing  district  that is being held for future
expansion or development, except  if  leased  by  the  taxing
district to lessees for use for other than public purposes.
    Also exempt are:
    (a)  all  swamp  or  overflowed  lands  belonging  to any
county;
    (b)  all  public  buildings  belonging  to  any   county,
township,  or  municipality,  with  the  ground  on which the
buildings are erected;
    (c)  all  property  owned  by  any  municipality  located
within its incorporated limits.  Any such property leased  by
a   municipality  shall  remain  exempt,  and  the  leasehold
interest of the lessee shall be assessed under Section  9-195
of this Act, (i) for a lease entered into on or after January
1,  1994,  unless  the  lease  expressly  provides  that this
exemption shall not apply; (ii) for a lease entered  into  on
or  after the effective date of Public Act 87-1280 and before
January 1, 1994, unless the  lease  expressly  provides  that
this  exemption shall not apply or unless evidence other than
the lease itself substantiates the intent of the  parties  to
the  lease that this exemption shall not apply; and (iii) for
a lease entered into before the effective date of Public  Act
87-1280,  if the terms of the lease do not bind the lessee to
pay the taxes on the leased property or  if,  notwithstanding
the  terms  of  the  lease,  the  municipality  has  filed or
hereafter files a timely exemption petition or complaint with
respect to property consisting of  or  including  the  leased
property for an assessment year which includes part or all of
the  first  12  months   of  the lease period.  The foregoing
clause (iii) added by Public Act 87-1280 shall not operate to
exempt property for any assessment year as to which no timely
exemption  petition  or  complaint  has  been  filed  by  the
municipality or  as  to  which  an  administrative  or  court
decision    denying    exemption   has   become   final   and
nonappealable. For each assessment year  or  portion  thereof
that  property  is  made exempt by operation of the foregoing
clause (iii), whether such year or portion is before or after
the effective date  of  Public  Act  87-1280,  the  leasehold
interest  of  the  lessee  shall, if necessary, be considered
omitted property for purposes of this Act;
    (c-5)  Notwithstanding clause (i) of subsection (c),  all
property  owned  by  a municipality with a population of over
500,000 that is used for toll road or  toll  bridge  purposes
and that is leased for those purposes to another entity whose
property is not exempt shall remain exempt, and any leasehold
interest  in  the  property  shall not be subject to taxation
under Section 9-195 of this Act;
    (d)  all  property  owned  by  any  municipality  located
outside its incorporated limits but within  the  same  county
when  used  as  a  tuberculosis  sanitarium,  farm  colony in
connection with a house of correction, or nursery, garden, or
farm,  or  for  the  growing  of  shrubs,   trees,   flowers,
vegetables,  and  plants for use in beautifying, maintaining,
and operating playgrounds, parks, parkways,  public  grounds,
buildings,  and  institutions  owned  or  controlled  by  the
municipality; and
    (e)  all  property  owned  by  a township and operated as
senior citizen housing under Sections 35-50  through  35-50.6
of the Township Code.
    All  property  owned  by  any municipality outside of its
corporate limits is exempt if used exclusively for  municipal
or public purposes.
    For  purposes  of  this  Section, "municipality"  means a
municipality, as defined in Section  1-1-2  of  the  Illinois
Municipal Code.
(Source: P.A. 89-165, eff. 1-1-96; 90-176, eff. 1-1-98.)

    Section  10.   The  Illinois Municipal Code is amended by
changing Section 8-11-6 as follows:

    (65 ILCS 5/8-11-6) (from Ch. 24, par. 8-11-6)
    Sec. 8-11-6.  Home Rule Municipal Use Tax Act.
    (a)  The   corporate   authorities   of   a   home   rule
municipality may impose a tax upon the privilege of using, in
such municipality, any item  of  tangible  personal  property
which  is  purchased  at retail from a retailer, and which is
titled or registered  at  a  location  within  the  corporate
limits  of such home rule municipality with an agency of this
State's government, at a rate which is an increment  of  1/4%
and  based  on  the  selling  price of such tangible personal
property, as "selling price" is defined in the Use  Tax  Act.
In   home   rule  municipalities  with  less  than  2,000,000
inhabitants, the tax shall be collected by  the  municipality
imposing  the  tax  from  persons  whose Illinois address for
titling or registration purposes is given as  being  in  such
municipality.
    (b)  In  home  rule municipalities with 2,000,000 or more
inhabitants, the corporate authorities  of  the  municipality
may additionally impose a tax beginning July 1, 1991 upon the
privilege  of using in the municipality, any item of tangible
personal property,  other  than  tangible  personal  property
titled   or   registered   with  an  agency  of  the  State's
government, that is  purchased  at  retail  from  a  retailer
located  outside the corporate limits of the municipality, at
a rate that is an increment of 1/4%  not  to  exceed  1%  and
based on the selling price of the tangible personal property,
as  "selling  price" is defined in the Use Tax Act.  Such tax
shall be collected from the purchaser or the retailer  either
by the municipality imposing such tax or by the Department of
Revenue  pursuant  to an agreement between the Department and
the municipality.
    To prevent multiple home rule taxation, the use in a home
rule municipality  of  tangible  personal  property  that  is
acquired  outside  the  municipality and caused to be brought
into the municipality by a person who has already paid a home
rule municipal tax in another municipality in respect to  the
sale,  purchase,  or use of that property, shall be exempt to
the extent of the amount of the tax properly due and paid  in
the other home rule municipality.
    (c)  If   a   municipality   having   2,000,000  or  more
inhabitants imposes the tax  authorized  by  subsection  (a),
then the tax shall be collected by the Illinois Department of
Revenue  when  the  property  is  purchased  at retail from a
retailer in the county in which the  home  rule  municipality
imposing  the tax is located, and in all contiguous counties.
The tax shall be remitted  to  the  State,  or  an  exemption
determination must be obtained from the Department before the
title  or certificate of registration for the property may be
issued.  The tax or proof of exemption may be transmitted  to
the  Department  by  way  of  the State agency with which, or
State officer with whom, the tangible personal property  must
be  titled or registered if the Department and that agency or
State officer determine that this procedure will expedite the
processing of applications for title or registration.
    The Department shall have full power  to  administer  and
enforce  this  Section  to  collect  all taxes, penalties and
interest due hereunder, to dispose of  taxes,  penalties  and
interest so collected in the manner hereinafter provided, and
determine  all  rights to credit memoranda or refunds arising
on account of  the  erroneous  payment  of  tax,  penalty  or
interest  hereunder.  In the administration of and compliance
with this Section the Department and persons who are  subject
to  this  Section  shall  have  the  same  rights,  remedies,
privileges,  immunities, powers and duties, and be subject to
the same conditions, restrictions, limitations, penalties and
definitions of terms, and employ the same modes of  procedure
as  are  prescribed  in  Sections 2 (except the definition of
"retailer maintaining a place of business in this State"),  3
(except  provisions  pertaining to the State rate of tax, and
except provisions concerning collection or refunding  of  the
tax  by retailers), 4, 11, 12, 12a, 14, 15, 19, 20, 21 and 22
of the Use Tax Act, which  are  not  inconsistent  with  this
Section,  as  fully  as  if  provisions  contained  in  those
Sections of the Use Tax Act were set forth herein.
    Whenever the Department determines that a refund shall be
made  under  this  Section to a claimant instead of issuing a
credit memorandum, the  Department  shall  notify  the  State
Comptroller,  who  shall  cause the order to be drawn for the
amount  specified,  and  to  the  person   named,   in   such
notification  from the Department.  Such refund shall be paid
by the  State  Treasurer  out  of  the  home  rule  municipal
retailers' occupation tax fund.
    The  Department  shall  forthwith  pay  over to the State
Treasurer, ex officio, as trustee, all taxes,  penalties  and
interest  collected  hereunder.  On or before the 25th day of
each calendar month, the Department shall prepare and certify
to the State Comptroller the disbursement of stated  sums  of
money  to  named  municipalities,  the  municipality  in each
instance to be that municipality from  which  the  Department
during   the   second  preceding  calendar  month,  collected
municipal use tax from any person whose Illinois address  for
titling  or  registration  purposes is given as being in such
municipality.  The amount to be  paid  to  each  municipality
shall   be   the  amount  (not  including  credit  memoranda)
collected hereunder  during  the  second  preceding  calendar
month by the Department, and not including an amount equal to
the  amount  of  refunds  made  during  the  second preceding
calendar  month  by  the  Department  on   behalf   of   such
municipality,  less  the  amount  expended  during the second
preceding month  by  the  Department  to  be  paid  from  the
appropriation  to the Department from the Home Rule Municipal
Retailers' Occupation Tax Trust Fund.  The  appropriation  to
cover  the  costs incurred by the Department in administering
and enforcing this Section shall not exceed 2% of the  amount
estimated  to  be  deposited  into  the  Home  Rule Municipal
Retailers' Occupation Tax Trust Fund during the  fiscal  year
for  which  the  appropriation is made.  Within 10 days after
receipt  by  the  State  Comptroller  of   the   disbursement
certification  to  the  municipalities  provided  for in this
Section  to  be  given  to  the  State  Comptroller  by   the
Department,  the  State Comptroller shall cause the orders to
be drawn for the respective amounts in  accordance  with  the
directions contained in that certification.
    Any  ordinance  imposing  or  discontinuing any tax to be
collected and enforced by the Department under  this  Section
shall  be adopted and a certified copy thereof filed with the
Department on or before October 1, whereupon  the  Department
of  Revenue  shall  proceed  to  administer  and enforce this
Section on behalf of the municipalities as of January 1  next
following such adoption and filing.  Beginning April 1, 1998,
any  ordinance  imposing  or  discontinuing  any  tax  to  be
collected  and  enforced by the Department under this Section
shall either (i) be adopted  and  a  certified  copy  thereof
filed with the Department on or before April 1, whereupon the
Department of Revenue shall proceed to administer and enforce
this  Section  on  behalf  of the municipalities as of July 1
next following the adoption and filing; or  (ii)  be  adopted
and  a certified copy thereof filed with the Department on or
before October 1, whereupon the Department of  Revenue  shall
proceed  to  administer and enforce this Section on behalf of
the  municipalities  as  of  January  1  next  following  the
adoption and filing.
    Nothing in this subsection (c) shall prevent a home  rule
municipality  from  collecting the tax pursuant to subsection
(a) in any situation where such tax is not collected  by  the
Department of Revenue under this subsection (c).
    (d)  Any  unobligated  balance remaining in the Municipal
Retailers' Occupation Tax Fund on December  31,  1989,  which
fund was abolished by Public Act 85-1135, and all receipts of
municipal  tax  as  a  result  of audits of liability periods
prior to January 1,  1990,  shall  be  paid  into  the  Local
Government  Tax  Fund,  for  distribution as provided by this
Section prior to the enactment of  Public  Act  85-1135.  All
receipts  of  municipal  tax as a result of an assessment not
arising from an audit, for liability periods prior to January
1, 1990, shall be paid into the Local Government Tax Fund for
distribution before July 1, 1990, as provided by this Section
prior to the enactment of Public  Act  85-1135,  and  on  and
after July 1, 1990, all such receipts shall be distributed as
provided in Section 6z-18 of the State Finance Act.
    (e)  As   used   in   this   Section,   "Municipal"   and
"Municipality"  means  a  city, village or incorporated town,
including an incorporated town which has superseded  a  civil
township.
    (f)  This  Section shall be known and may be cited as the
Home Rule Municipal Use Tax Act.
(Source: P.A. 91-51, eff. 6-30-99; 92-221, eff. 8-2-01.)

    Section 90.  The State Mandates Act is amended by  adding
Section 8.26 as follows:

    (30 ILCS 805/8.26 new)
    Sec.  8.26.  Exempt  mandate.  Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is  required
for  the  implementation  of  any  mandate  created  by  this
amendatory Act of the 92nd General Assembly.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly June 01, 2002.
    Approved August 23, 2002.
    Effective August 23, 2002.

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