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| Public Act 098-0206 | ||||
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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 | ||||
Section 15-60 as follows:
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(35 ILCS 200/15-60)
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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
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for use for other than public purposes.
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Also exempt are:
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(a) all swamp or overflowed lands belonging to any | ||||
county;
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(b) all public buildings belonging to any county, | ||||
township, or
municipality, with the ground on which the | ||||
buildings are erected;
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(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
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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
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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;
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(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;
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(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
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(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.
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All property owned by any municipality outside of its | ||
corporate limits is
exempt if used exclusively for municipal or | ||
public purposes.
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For purposes of this Section, "municipality" means a | ||
municipality, as
defined in Section 1-1-2 of the Illinois | ||
Municipal Code.
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(Source: P.A. 92-844, eff. 8-23-02; 92-846, eff. 8-23-02.)
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