Illinois General Assembly - Full Text of Public Act 097-1161
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Public Act 097-1161





Public Act 097-1161
HB4110 EnrolledLRB097 17764 HLH 62979 b

    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
Sections 9-195 and 15-160 as follows:
    (35 ILCS 200/9-195)
    Sec. 9-195. Leasing of exempt property.
    (a) Except as provided in Sections 15-35, 15-55, 15-60,
15-100, 15-103, 15-160, and 15-185, when property which is
exempt from taxation is leased to another whose property is not
exempt, and the leasing of which does not make the property
taxable, the leasehold estate and the appurtenances shall be
listed as the property of the lessee thereof, or his or her
assignee. Taxes on that property shall be collected in the same
manner as on property that is not exempt, and the lessee shall
be liable for those taxes. However, no tax lien shall attach to
the exempt real estate. The changes made by this amendatory Act
of 1997 and by this amendatory Act of the 91st General Assembly
are declaratory of existing law and shall not be construed as a
new enactment. The changes made by Public Acts 88-221 and
88-420 that are incorporated into this Section by this
amendatory Act of 1993 are declarative of existing law and are
not a new enactment.
    (b) The provisions of this Section regarding taxation of
leasehold interests in exempt property do not apply to any
leasehold interest created pursuant to any transaction
described in subsection (e) of Section 15-35, subsection (c-5)
of Section 15-60, subsection (b) of Section 15-100, Section
15-103, Section 15-160, or Section 15-185.
(Source: P.A. 92-844, eff. 8-23-02; 92-846, eff. 8-23-02;
93-19, eff. 6-20-03.)
    (35 ILCS 200/15-160)
    Sec. 15-160. Airport authorities and airports.
    (a) All property belonging to any Airport Authority and
used for Airport Authority purposes or leased to another
entity, which property use would be exempt from taxation under
this Code if it were owned by the lessee entity, is exempt.
However, the provision added by Public Act 86-219 shall not
apply to any property of any Airport Authority located in a
county with more than 3,000,000 inhabitants. Property acquired
for airport purposes by an Authority shall remain subject to
any tax previously levied to pay bonds issued and outstanding
on the date of acquisition.
    (b) Also exempt is any airport or restricted land area or
other air navigation facility owned, controlled, operated or
leased by another state or a political subdivision of another
state under the provisions of Sections 25.01 to 25.04, both
inclusive, of the "Illinois Aeronautics Act". However if at the
time of the acquisition of property to be used for public
airport purposes the city, village, township or school
district, in which said property is located is indebted for any
amount for payment of which it provided for the collection of
taxes, the property acquired for public airport purposes shall
be subject to taxation for the payment of said indebtedness in
the same proportion as said property bore to the taxable
property in said city, village, township or school district
immediately before the acquisition thereof, according to the
last assessment for taxation.
    (c) If property of the Metropolitan Airport Authority of
Rock Island County is leased to a fixed base operator that
provides aeronautical services to the public, then those
leasehold interests and any improvements thereon are exempt.
(Source: Laws 1963, p. 1725; P.A. 86-219; 88-455.)

Effective Date: 6/1/2013