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92_SB0664 SRS92SB0024PMcp 1 AN ACT concerning monuments and memorials. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Municipal Code is amended by 5 changing Sections 11-116-1, 11-116-2, and 11-116-3 and by 6 adding Sections 11-116-0.01, 11-116-1.1, 11-116-5, and 7 11-116-6 as follows: 8 (65 ILCS 5/11-116-0.01 new) 9 Sec. 11-116-0.01. Short title. This Division may be cited 10 as the Veterans' Memorial Buildings, Monuments, and Memorials 11 Law. 12 (65 ILCS 5/11-116-1) (from Ch. 24, par. 11-116-1) 13 Sec. 11-116-1. Erection; tax levy. Subject to the 14 provisions of this Division 116, a municipality with a 15 population of less than 100,000 may erect or acquire, equip, 16 maintain, and operate buildings, monuments, or memorials, in 17 honor of its soldiers,
andsailors, and veterans of military 18 services or in honor of any one or more of itsnotable or 19 distinguished persons. The buildings may include facilities 20 for civic and public purposes as defined in Section 21 11-116-1.1 of this Code. 22 To defray the cost to the municipality of acquiring land 23 and of constructing and maintaining such a monument or 24 memorial the municipality may levy a direct tax of not more 25 than .01% of the value, as equalized or assessed by the 26 Department of Revenue, of all taxable property within the 27 corporate limits of the municipality. To defray the cost to 28 the municipality of maintaining and operating buildings for 29 the purposes of this Division the municipality may levy a 30 direct tax of not more than 0.25%. This tax shall be in -2- SRS92SB0024PMcp 1 addition to the taxes now or hereafter authorized by law to 2 be levied and collected by the municipality and shall be in 3 addition to the amount authorized to be levied for general 4 purposes as provided by Section 8-3-1. 5 The foregoing limitation upon tax rate may be increased 6 or decreased according to the referendum provisions of the 7 General Revenue Law of Illinois. 8 (Source: P.A. 81-1509.) 9 (65 ILCS 5/11-116-1.1 new) 10 Sec. 11-116-1.1. Definition. In this Article, "civic and 11 public purposes" include, but are not limited to, the 12 governmental functions of any unit of local government, any 13 school district, any community college district, any public 14 building commission, the State of Illinois, any State agency, 15 any agency of the federal government, and any not-for profit 16 community organizations, including, but not limited to, 17 theaters; museums; historical, genealogical, an other 18 libraries; service clubs; youth activity centers; Boy 19 Scouting and Girl Scouting; adult and youth farm 20 organizations and extension services; chambers of commerce; 21 organizations that promote economic development and tourism; 22 voluntary health organizations; and organizations for 23 cultural and entertainment pursuits. A municipality must 24 provide facilities for use by veterans' organizations and 25 posts and their auxiliaries. The veterans' facilities must 26 be rent-free. 27 (65 ILCS 5/11-116-2) (from Ch. 24, par. 11-116-2) 28 Sec. 11-116-2. Referendum. When the petition specified 29 in this Division 116 is filed with the municipal clerk of a 30 municipality specified in this Division 116, the question of 31 erecting or acquiring a building, monument, or memorial shall 32 be certified by the clerk and submitted to the electors of -3- SRS92SB0024PMcp 1 the municipality. The question shall be in substantially the 2 following form: 3 ------------------------------------------------------------- 4 Shall a (building, monument, or 5 memorial) monument (or memorial6 be erected or acquired in honor YES 7 of ....... (insert for whom to be 8 erected) by .......... (insert --------------------- 9 name of the municipality) at a cost 10 to the municipality paid from moneys NO 11 authorized by this referendum 12 not to exceed $....? 13 ------------------------------------------------------------- 14 If a majority of those voting on the question vote yes, 15 the corporate authorities shall have the building, monument, 16 or memorial erected and, if necessary, shall levy and 17 collect, in the same manner as other general taxes are levied 18 and collected, a tax sufficient to raise the amount specified 19 in the petition. 20 (Source: P.A. 81-1489.) 21 (65 ILCS 5/11-116-3) (from Ch. 24, par. 11-116-3) 22 Sec. 11-116-3. Petition. The petition referred to in 23 Section 11-116-2 11-116-3shall be signed by not less than 24 100 electors of the municipality in which the specified 25 question is to be voted upon. The petition shall state the 26 specific purpose for which the proposed building, monument, 27 or memorial is to be erected or acquired, whether in honor of 28 thesoldiers, andsailors, and veterans of military service 29 of the municipalityor in honor of any one or more of its30 notable and distinguished persons, and shall specify the 31 amount of the municipality's money to be expended for the 32 acquisition or erection of the proposed building, monument, 33 or memorial. The cost to the municipality of the building, -4- SRS92SB0024PMcp 1 monument, or memorial, however, shall not exceed the amount 2 authorized by referendum. 3 (Source: P.A. 76-1234.) 4 (65 ILCS 5/11-116-5 new) 5 Sec. 11-116-5. Acquisition and lease of land or 6 buildings. Upon approval of the question of erecting or 7 acquiring a building, monument, or memorial, the municipality 8 may acquire, singly or jointly with another unit of local 9 government or not-for-profit community organization, by gift, 10 purchase, or otherwise (except by condemnation) land, 11 buildings, or both, or any interest in land or buildings, and 12 may improve or arrange for the improvement of the land or 13 buildings. 14 If any municipality owns or possesses land or buildings 15 for the purposes of this Division, the municipality may lease 16 the land or buildings to a governmental, not-for-profit, or 17 proprietary entity for a period not to exceed 99 years; 18 provided that the net revenue is applied to the costs of 19 constructing, equipping, maintaining, or operating the 20 building, monument, or memorial. Properties leased to 21 proprietary entities are subject to taxation. 22 For the purposes of this Division, the municipality has 23 the power to seek and receive (i) loans, grants, rental or 24 lease revenues, or other moneys from the federal government, 25 the State, or a unit of local government and (ii) grants from 26 philanthropic and corporate foundations or other entities and 27 voluntary contributions and subscriptions from individuals 28 and organizations. 29 (65 ILCS 5/11-116-6 new) 30 Sec. 11-116-6. Applicable laws; exercise of municipal 31 powers. 32 (a) The Intergovernmental Cooperation Act and other laws -5- SRS92SB0024PMcp 1 concerning intergovernmental agreements apply to this 2 Division. 3 (b) Nothing in the this Division limits the exercise of 4 any municipal power existing before the effective date of 5 this amendatory Act of the 92nd General Assembly or any power 6 granted to a municipality on or after the effective date of 7 this amendatory Act of the 92nd General Assembly. 8 Section 10. The Property Tax Code is amended by changing 9 Section 15-60 as follows: 10 (35 ILCS 200/15-60) 11 Sec. 15-60. Taxing district property. All property 12 belonging to any county or municipality used exclusively for 13 the maintenance of the poor is exempt, as is all property 14 owned by a taxing district that is being held for future 15 expansion or development, except if (i) leased by the taxing 16 district to lessees for use for other than public purposes or 17 (ii) leased by a municipality to a proprietary entity under 18 Section 11-116-5 of the Illinois Municipal Code. 19 Also exempt are: 20 (a) all swamp or overflowed lands belonging to any 21 county; 22 (b) all public buildings belonging to any county, 23 township, or municipality, with the ground on which the 24 buildings are erected; 25 (c) all property owned by any municipality located 26 within its incorporated limits. Any such property leased by 27 a municipality shall remain exempt, and the leasehold 28 interest of the lessee shall be assessed under Section 9-195 29 of this Act, (i) for a lease entered into on or after January 30 1, 1994, unless the lease expressly provides that this 31 exemption shall not apply; (ii) for a lease entered into on 32 or after the effective date of Public Act 87-1280 and before -6- SRS92SB0024PMcp 1 January 1, 1994, unless the lease expressly provides that 2 this exemption shall not apply or unless evidence other than 3 the lease itself substantiates the intent of the parties to 4 the lease that this exemption shall not apply; and (iii) for 5 a lease entered into before the effective date of Public Act 6 87-1280, if the terms of the lease do not bind the lessee to 7 pay the taxes on the leased property or if, notwithstanding 8 the terms of the lease, the municipality has filed or 9 hereafter files a timely exemption petition or complaint with 10 respect to property consisting of or including the leased 11 property for an assessment year which includes part or all of 12 the first 12 months of the lease period. The foregoing 13 clause (iii) added by Public Act 87-1280 shall not operate to 14 exempt property for any assessment year as to which no timely 15 exemption petition or complaint has been filed by the 16 municipality or as to which an administrative or court 17 decision denying exemption has become final and 18 nonappealable. For each assessment year or portion thereof 19 that property is made exempt by operation of the foregoing 20 clause (iii), whether such year or portion is before or after 21 the effective date of Public Act 87-1280, the leasehold 22 interest of the lessee shall, if necessary, be considered 23 omitted property for purposes of this Act; 24 (d) all property owned by any municipality located 25 outside its incorporated limits but within the same county 26 when used as a tuberculosis sanitarium, farm colony in 27 connection with a house of correction, or nursery, garden, or 28 farm, or for the growing of shrubs, trees, flowers, 29 vegetables, and plants for use in beautifying, maintaining, 30 and operating playgrounds, parks, parkways, public grounds, 31 buildings, and institutions owned or controlled by the 32 municipality; and 33 (e) all property owned by a township and operated as 34 senior citizen housing under Sections 35-50 through 35-50.6 -7- SRS92SB0024PMcp 1 of the Township Code. 2 All property owned by any municipality outside of its 3 corporate limits is exempt if used exclusively for municipal 4 or public purposes. 5 For purposes of this Section, "municipality" means a 6 municipality, as defined in Section 1-1-2 of the Illinois 7 Municipal Code. 8 (Source: P.A. 89-165, eff. 1-1-96; 90-176, eff. 1-1-98.) 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.
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