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91_SB0033ham001
LRB9101535PTpkam02
1 AMENDMENT TO SENATE BILL 33
2 AMENDMENT NO. . Amend Senate Bill 33 on page 1,
3 lines 1 and 2, by replacing "Section 9-195" with "Sections
4 9-195 and 15-35"; and
5 on page 1, line 6, after "9-195", by inserting "and 15-35";
6 and
7 on page 1, by replacing lines 9 and 10 with the following:
8 "(a) Except as provided in Sections 15-35, Section 15-55
9 , and 15-100, and 15-103, when property which is exempt
10 from"; and
11 on page 1, line 19, after "1997", by inserting "and by this
12 amendatory Act of the 91st General Assembly"; and
13 on page 1, by replacing lines 27 through 29 with the
14 following:
15 "described in subsection (e) of Section 15-35, subsection (b)
16 of Section 15-100, or Section 15-103.
17 (Source: P.A. 90-562, eff. 12-16-97.)
18 (35 ILCS 200/15-35)
19 Sec. 15-35. Schools. All property donated by the United
20 States for school purposes, and all property of schools, not
21 sold or leased or otherwise used with a view to profit, is
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1 exempt, whether owned by a resident or non-resident of this
2 State or by a corporation incorporated in any state of the
3 United States. Also exempt is:
4 (a) property of schools which is leased to a
5 municipality to be used for municipal purposes on a
6 not-for-profit basis;
7 (b) property of schools on which the schools are
8 located and any other property of schools used by the
9 schools exclusively for school purposes, including, but
10 not limited to, student residence halls, dormitories and
11 other housing facilities for students and their spouses
12 and children, staff housing facilities, and school-owned
13 and operated dormitory or residence halls occupied in
14 whole or in part by students who belong to fraternities,
15 sororities, or other campus organizations;
16 (c) property donated, granted, received or used for
17 public school, college, theological seminary, university,
18 or other educational purposes, whether held in trust or
19 absolutely; and
20 (d) in counties with more than 200,000 inhabitants
21 which classify property, property (including interests in
22 land and other facilities) on or adjacent to (even if
23 separated by a public street, alley, sidewalk, parkway or
24 other public way) the grounds of a school, if that
25 property is used by an academic, research or professional
26 society, institute, association or organization which
27 serves the advancement of learning in a field or fields
28 of study taught by the school and which property is not
29 used with a view to profit; and.
30 (e) property owned by a school district. The
31 exemption under this subsection is not affected by any
32 transaction in which, for the purpose of obtaining
33 financing, the school district, directly or indirectly,
34 leases or otherwise transfers the property to another for
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1 which or whom property is not exempt and immediately
2 after the lease or transfer enters into a leaseback or
3 other agreement that directly or indirectly gives the
4 school district a right to use, control, and possess the
5 property. In the case of a conveyance of the property,
6 the school district must retain an option to purchase the
7 property at a future date or, within the limitations
8 period for reverters, the property must revert back to
9 the school district.
10 (1) If the property has been conveyed as
11 described in this subsection, the property is no
12 longer exempt under this Section as of the date
13 when:
14 (A) the right of the school district to
15 use, control, and possess the property is
16 terminated;
17 (B) the school district no longer has an
18 option to purchase or otherwise acquire the
19 property; and
20 (C) there is no provision for a reverter
21 of the property to the school district within
22 the limitations period for reverters.
23 (2) Pursuant to Sections 15-15 and 15-20 of
24 this Code, the school district shall notify the
25 chief county assessment officer of any transaction
26 under this subsection. The chief county assessment
27 officer shall determine initial and continuing
28 compliance with the requirements of this subsection
29 for tax exemption. Failure to notify the chief
30 county assessment officer of a transaction under
31 this subsection or to otherwise comply with the
32 requirements of Sections 15-15 and 15-20 of this
33 Code shall, in the discretion of the chief county
34 assessment officer, constitute cause to terminate
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1 the exemption, notwithstanding any other provision
2 of this Code.
3 (3) No provision of this subsection shall be
4 construed to affect the obligation of the school
5 district to which an exemption certificate has been
6 issued under this Section from its obligation under
7 Section 15-10 of this Code to file an annual
8 certificate of status or to notify the chief county
9 assessment officer of transfers of interest or other
10 changes in the status of the property as required by
11 this Code.
12 (4) The changes made by this amendatory Act of
13 the 91st General Assembly are declarative of
14 existing law and shall not be construed as a new
15 enactment.
16 (Source: P.A. 90-655, eff. 7-30-98.)".