Public Act 098-0206
 
HB1206 EnrolledLRB098 07442 HLH 37510 b


  
    AN ACT concerning revenue.
  
 
    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 
Section 15-60 as follows:
 



    (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; and .
        (f) all property owned by the Executive Board of the 
    Mutual Aid Box Alarm System (MABAS), a unit of 
    intergovernmental cooperation, that is used for the public 
    purpose of disaster preparedness and response for units of 
    local government and the State of Illinois pursuant to 
    Section 10 of Article VII of the Illinois Constitution and 
    the Intergovernmental Cooperation Act. 

    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. 92-844, eff. 8-23-02; 92-846, eff. 8-23-02.)