Sen. Mike Jacobs

Filed: 5/9/2012





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2    AMENDMENT NO. ______. Amend House Bill 4110 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Property Tax Code is amended by changing
5Sections 9-195 and 15-160 as follows:
6    (35 ILCS 200/9-195)
7    Sec. 9-195. Leasing of exempt property.
8    (a) Except as provided in Sections 15-35, 15-55, 15-60,
915-100, 15-103, 15-160, and 15-185, when property which is
10exempt from taxation is leased to another whose property is not
11exempt, and the leasing of which does not make the property
12taxable, the leasehold estate and the appurtenances shall be
13listed as the property of the lessee thereof, or his or her
14assignee. Taxes on that property shall be collected in the same
15manner as on property that is not exempt, and the lessee shall
16be liable for those taxes. However, no tax lien shall attach to



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1the exempt real estate. The changes made by this amendatory Act
2of 1997 and by this amendatory Act of the 91st General Assembly
3are declaratory of existing law and shall not be construed as a
4new enactment. The changes made by Public Acts 88-221 and
588-420 that are incorporated into this Section by this
6amendatory Act of 1993 are declarative of existing law and are
7not a new enactment.
8    (b) The provisions of this Section regarding taxation of
9leasehold interests in exempt property do not apply to any
10leasehold interest created pursuant to any transaction
11described in subsection (e) of Section 15-35, subsection (c-5)
12of Section 15-60, subsection (b) of Section 15-100, Section
1315-103, Section 15-160, or Section 15-185.
14(Source: P.A. 92-844, eff. 8-23-02; 92-846, eff. 8-23-02;
1593-19, eff. 6-20-03.)
16    (35 ILCS 200/15-160)
17    Sec. 15-160. Airport authorities and airports. All
18property belonging to any Airport Authority and used for
19Airport Authority purposes or leased to another entity, which
20property use would be exempt from taxation under this Code if
21it were owned by the lessee entity, is exempt. However, the
22provision added by Public Act 86-219 shall not apply to any
23property of any Airport Authority located in a county with more
24than 3,000,000 inhabitants. Property acquired for airport
25purposes by an Authority shall remain subject to any tax



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1previously levied to pay bonds issued and outstanding on the
2date of acquisition.
3    Also exempt is any airport or restricted land area or other
4air navigation facility owned, controlled, operated or leased
5by another state or a political subdivision of another state
6under the provisions of Sections 25.01 to 25.04, both
7inclusive, of the "Illinois Aeronautics Act". However if at the
8time of the acquisition of property to be used for public
9airport purposes the city, village, township or school
10district, in which said property is located is indebted for any
11amount for payment of which it provided for the collection of
12taxes, the property acquired for public airport purposes shall
13be subject to taxation for the payment of said indebtedness in
14the same proportion as said property bore to the taxable
15property in said city, village, township or school district
16immediately before the acquisition thereof, according to the
17last assessment for taxation.
18    If airport property of the Lansing Municipal Airport or the
19Metropolitan Airport Authority of Rock Island County is leased
20to another entity, then the airport property, the leasehold
21interests, and any improvements thereon are exempt.
22(Source: Laws 1963, p. 1725; P.A. 86-219; 88-455.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".