Bill Text: IL HB4110 | 2011-2012 | 97th General Assembly | Engrossed

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Bill Title: Amends the Property Tax Code. Provides that leasehold interests located on Airport Authority property of a fixed base operator providing aeronautical services to the public are exempt if the property is located within a county that borders a State that provides for property tax exemptions for property located at an airport and leased to a fixed base operator providing aeronautical services to the public.

Status: (Passed) 2013-02-01 - Public Act . . . . . . . . . 97-1161 [HB4110 Detail]

Download: Illinois-2011-HB4110-Engrossed.html



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1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17the exempt real estate. The changes made by this amendatory Act
18of 1997 and by this amendatory Act of the 91st General Assembly
19are declaratory of existing law and shall not be construed as a
20new enactment. The changes made by Public Acts 88-221 and
2188-420 that are incorporated into this Section by this
22amendatory Act of 1993 are declarative of existing law and are
23not a new enactment.

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1 (b) The provisions of this Section regarding taxation of
2leasehold interests in exempt property do not apply to any
3leasehold interest created pursuant to any transaction
4described in subsection (e) of Section 15-35, subsection (c-5)
5of Section 15-60, subsection (b) of Section 15-100, Section
615-103, Section 15-160, or Section 15-185.
7(Source: P.A. 92-844, eff. 8-23-02; 92-846, eff. 8-23-02;
893-19, eff. 6-20-03.)
9 (35 ILCS 200/15-160)
10 Sec. 15-160. Airport authorities and airports.
11 (a) All property belonging to any Airport Authority and
12used for Airport Authority purposes or leased to another
13entity, which property use would be exempt from taxation under
14this Code if it were owned by the lessee entity, is exempt.
15However, the provision added by Public Act 86-219 shall not
16apply to any property of any Airport Authority located in a
17county with more than 3,000,000 inhabitants. Property acquired
18for airport purposes by an Authority shall remain subject to
19any tax previously levied to pay bonds issued and outstanding
20on the date of acquisition.
21 (b) Also exempt is any airport or restricted land area or
22other air navigation facility owned, controlled, operated or
23leased by another state or a political subdivision of another
24state under the provisions of Sections 25.01 to 25.04, both
25inclusive, of the "Illinois Aeronautics Act". However if at the

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1time of the acquisition of property to be used for public
2airport purposes the city, village, township or school
3district, in which said property is located is indebted for any
4amount for payment of which it provided for the collection of
5taxes, the property acquired for public airport purposes shall
6be subject to taxation for the payment of said indebtedness in
7the same proportion as said property bore to the taxable
8property in said city, village, township or school district
9immediately before the acquisition thereof, according to the
10last assessment for taxation.
11 (c) If property of the Metropolitan Airport Authority of
12Rock Island County is leased to a fixed base operator that
13provides aeronautical services to the public, then those
14leasehold interests and any improvements thereon are exempt.
15(Source: Laws 1963, p. 1725; P.A. 86-219; 88-455.)
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