Full Text of HB5062 98th General Assembly
HB5062ham001 98TH GENERAL ASSEMBLY | Rep. Ed Sullivan, Jr. Filed: 4/7/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5062
| 2 | | AMENDMENT NO. ______. Amend House Bill 5062 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Section 10-155 as follows:
| 6 | | (35 ILCS 200/10-155)
| 7 | | Sec. 10-155. Open space land; valuation. | 8 | | (a) In all counties, in
addition to valuation as otherwise | 9 | | permitted by law, land which is used for
open space purposes | 10 | | and has been so used for the 3 years immediately preceding
the | 11 | | year in which the assessment is made, upon application under | 12 | | Section
10-160, shall be valued on the basis of its fair cash | 13 | | value, estimated at the
price it would bring at a fair, | 14 | | voluntary sale for use by the buyer for open
space purposes.
| 15 | | (b) Land is considered used for open space purposes if it | 16 | | is more than 10 acres
in area and:
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| 1 | | (1) (a) is actually and exclusively used for | 2 | | maintaining or enhancing natural
or scenic resources,
| 3 | | (2) (b) protects air or streams or water supplies,
| 4 | | (3) (c) promotes conservation of soil, wetlands, | 5 | | beaches, or marshes,
including ground cover or planted | 6 | | perennial grasses, trees and shrubs and other
natural | 7 | | perennial growth, and including any body of water, whether | 8 | | man-made or
natural,
| 9 | | (4) (d) conserves landscaped areas, such as public or | 10 | | private golf courses,
| 11 | | (5) (e) enhances the value to the public of abutting or | 12 | | neighboring parks,
forests, wildlife preserves, nature | 13 | | reservations, sanctuaries, or other open
spaces, or
| 14 | | (6) (f) preserves historic sites.
| 15 | | (c) Land is not considered used for open space purposes if | 16 | | it is used primarily
for residential purposes. | 17 | | (d) Land and improvements that facilitate the operation of | 18 | | a public or private golf course, including, but not limited to, | 19 | | the following, are considered used for open space purposes: | 20 | | (1) driving range facilities; | 21 | | (2) undeveloped land surrounding and included in the | 22 | | golf course property; | 23 | | (3) food service and washroom facilities located on the | 24 | | golf course property that are available for use by golfers | 25 | | and golf course staff; | 26 | | (4) maintenance buildings serving the golf course, |
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| 1 | | including separate storage buildings for golf course | 2 | | maintenance equipment; | 3 | | (5) parking lots that provide accessibility to the golf | 4 | | course; | 5 | | (6) driveways and roadways located on the golf course | 6 | | property; and | 7 | | (7) golf course clubhouses; provided that (i) if the | 8 | | golf course contains 9 holes or less, only 4,000 square | 9 | | feet of the clubhouse is considered used for open space | 10 | | purposes and (ii) if the golf course contains more than 9 | 11 | | holes, only 8,000 square feet of the clubhouse is | 12 | | considered used for open space purposes. | 13 | | (e) If the land is improved with a water-retention dam that | 14 | | is operated primarily for commercial purposes, the | 15 | | water-retention dam is not considered to be used for open space | 16 | | purposes despite the fact that any resulting man-made lake may | 17 | | be considered to be used for open space purposes under this | 18 | | Section.
| 19 | | (Source: P.A. 95-70, eff. 1-1-08.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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