Public Act 90-0176 of the 90th General Assembly
Public Act 90-0176
SB162 Enrolled LRB9001718DNsb
AN ACT concerning districts.
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, village, or city
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 city, or incorporated town,
with the ground on which the buildings are erected;
(c) all property owned by any municipality city or
village located within its incorporated limits. Any such
property leased by a municipality city or village 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 city or village 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 city or village 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;
(d) all property owned by any municipality city or
village 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
city or village; 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 city or village
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. 88-455; 89-165, eff. 1-1-96.)
Section 10. The Downstate Forest Preserve District Act
is amended by adding Section 23 as follows:
(70 ILCS 805/23 new)
Sec. 23. Transfer of interest income. Each forest
preserve district shall have the power to transfer the
interest earned from any moneys of the district into the
respective fund of the district that is most in need of the
interest income, as determined by the board of commissioners.
This Section does not apply to any interest earned that has
been earmarked or restricted by the board for a designated
purpose. This Section does not apply to any interest earned
on any funds for purposes of the Illinois Municipal
Retirement Fund under the Pension Code or tort immunity under
the Local Governmental and Governmental Employees Tort
Immunity Act. Interest earned on these exempted funds shall
be used only for the purposes authorized for the respective
exempted funds from which the interest earnings were derived.