SB2549 99TH GENERAL ASSEMBLY

LRB099 17136 HLH 41494 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2549

Introduced 2/16/2016, by Sen. Antonio Muñoz

SYNOPSIS AS INTRODUCED:

35 ILCS 200/10-155

Amends the Property Tax Code. Makes changes concerning open space valuation for privately-owned public golf course property located in a county with more than 3,000,000 inhabitants. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning revenue.

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 10-155 as follows:

(35 ILCS 200/10-155)

Sec. 10-155. Open space land; valuation.

(a) In all counties, in addition to valuation as otherwise permitted by law, land which is used for open space purposes and has been so used for the 3 years immediately preceding the year in which the assessment is made, upon application under Section 10-160, shall be valued on the basis of its fair cash value, estimated at the price it would bring at a fair, voluntary sale for use by the buyer for open space purposes.

Land is considered used for open space purposes if it is more than 10 acres in area and:

(a) is actually and exclusively used for maintaining or enhancing natural or scenic resources,

(b) protects air or streams or water supplies,

(c) promotes conservation of soil, wetlands, beaches, or marshes, including ground cover or planted perennial grasses, trees and shrubs and other natural perennial growth, and including any body of water, whether man-made or natural,

(d) conserves landscaped areas, such as public or private golf courses,

(e) enhances the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, sanctuaries, or other open spaces, or

(f) preserves historic sites.

Land is not considered used for open space purposes if it is used primarily for residential purposes.

If the land is improved with a water-retention dam that is operated primarily for commercial purposes, the water-retention dam is not considered to be used for open space purposes despite the fact that any resulting man-made lake may be considered to be used for open space purposes under this Section.

(b) In the case of privately-owned public golf course property located in a county with more than 3,000,000 inhabitants:

(1) buildings, structures, roadways, driving ranges, parking areas, ponds, and improvements that are used to support golf operations are considered used for open space purposes;

(2) a limit of 15,000 square feet of a club house, excluding any pro shop within the building, is considered used for open space purposes;

(3) privately-owned public golf course property, including the property described in items (1) and (2), shall not be considered used for open space purposes unless 85% of the property's revenue is derived from golf-related activity during the taxable year; all income, benefit, or value derived from the use of the property shall be included in determining the revenue of the property.

For the purposes of this subsection (b), "golf course property" means one or more courses with any number of holes under common ownership and operating on one or several contiguous parcels of land.

(Source: P.A. 95-70, eff. 1-1-08.)

Section 99. Effective date. This Act takes effect upon becoming law.