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Public Act 095-0672 |
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AN ACT concerning local government.
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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 Illinois Municipal Code is amended by adding | ||||
Sections 11-65-10, 11-65-15, 11-65-20, and 11-65-25 as | ||||
follows: | ||||
(65 ILCS 5/11-65-10 new) | ||||
Sec. 11-65-10. Public-facilities corporations authorized.
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(a) Each municipality referenced in Section 11-65-2 is | ||||
authorized to incorporate a public-facilities corporation to | ||||
exercise, as business agent of the municipality, the powers of | ||||
the municipality set forth in Section 11-65-2, Section 11-65-6, | ||||
and Section 11-65-7, and also the power of the municipality to | ||||
acquire by dedication, gift, lease, contract, or purchase all | ||||
property and rights, necessary or proper, within the corporate | ||||
limits of the municipality, for municipal convention hall | ||||
purposes. | ||||
(b) In this Division 65, unless the context otherwise | ||||
requires, a "public-facilities corporation" means an Illinois | ||||
not-for-profit corporation whose purpose is charitable and | ||||
civic, organized solely for the purpose of (i) acquiring a site | ||||
or sites appropriate for a municipal convention hall; (ii) | ||||
constructing, building, and equipping thereon a municipal |
convention hall; and (iii) collecting the revenues therefrom, | ||
entirely without profit to the public-facilities corporation, | ||
its officers, or directors. A public-facilities corporation | ||
shall assist the municipality it serves in the municipality's | ||
essential governmental purposes. | ||
(c) The municipality shall retain control of the | ||
public-facilities corporation by means of the municipality's | ||
expressed legal right, set forth in the articles of | ||
incorporation of the public-facilities corporation, to | ||
appoint, remove, and replace the members of the board of | ||
directors of the public-facilities corporation. The directors | ||
and officers of the public-facilities corporation shall serve | ||
without compensation but may be reimbursed for their reasonable | ||
expenses that are incurred on behalf of the public-facilities | ||
corporation. Upon retirement or redemption of any bonds or | ||
other debt instruments issued by the public-facilities | ||
corporation in connection with the development of the municipal | ||
convention hall, the legal title to the municipal convention | ||
hall shall be transferred to the municipality without any | ||
further consideration by or on behalf of the municipality. | ||
(65 ILCS 5/11-65-15 new) | ||
Sec. 11-65-15. Exemption from use and occupation taxes. No | ||
tax is imposed under the Use Tax Act, the Service Use Tax Act, | ||
the Service Occupation Tax Act, or the Retailers' Occupation | ||
Tax Act upon the use or sale of tangible personal property sold |
to a public-facilities corporation for purposes of | ||
constructing or furnishing a municipal convention hall. | ||
(65 ILCS 5/11-65-20 new) | ||
Sec. 11-65-20. Exemptions from property taxation. All real | ||
property and the municipal convention hall owned by the | ||
public-facilities corporation is exempt from property | ||
taxation. | ||
(65 ILCS 5/11-65-25 new)
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Sec. 11-65-25. Tax exemptions for existing | ||
public-facilities corporations. If, before the effective date | ||
of this amendatory Act of the 95th General Assembly, a | ||
municipality has incorporated a public-facilities corporation | ||
and the public-facilities corporation complies with the | ||
requirements set forth in Section 11-65-10, then, for all | ||
purposes: | ||
(1) No tax is imposed under the Use Tax Act, the | ||
Service Use Tax Act, the Service Occupation Tax Act, or the | ||
Retailers' Occupation Tax Act upon the use or sale of | ||
tangible personal property sold to a public-facilities | ||
corporation for purposes of constructing or furnishing a | ||
municipal convention hall; and | ||
(2) all real property and the municipal convention hall | ||
owned by the public-facilities corporation is exempt from | ||
property taxation.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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