Bill Amendment: IL SB1598 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PROP TX-PPV LEASES

Status: 2017-08-25 - Public Act . . . . . . . . . 100-0456 [SB1598 Detail]

Download: Illinois-2017-SB1598-Senate_Amendment_001.html

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Sen. Terry Link

Filed: 3/2/2017

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AMENDMENT TO SENATE BILL 1598
AMENDMENT NO. ______. Amend Senate Bill 1598 by replacing
everything after the enacting clause with the following:
"Section 5. The Property Tax Code is amended by changing
Sections 10-365, 10-370, 10-375, and 10-380 as follows:
(35 ILCS 200/10-365)
Sec. 10-365. U.S. Military Public/Private Residential
Developments. Unless otherwise agreed to pursuant to a separate
settlement agreement, PPV Leases must be classified and valued
as set forth in Sections 10-370 through 10-380 during the
period beginning January 1, 2006 and ending December 31, 2055
January 1, 2017.
(Source: P.A. 98-494, eff. 1-1-14; 99-738, eff. 8-5-16.)
(35 ILCS 200/10-370)
Sec. 10-370. Definitions. For the purposes of this Division

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14:
(a) "PPV Lease" means a leasehold interest in property that
is exempt from taxation under Section 15-50 of this Code and
that is leased, pursuant to authority set forth in Chapter 10
of the United States Code, to another whose property is not
exempt for the purpose of, after January 1, 2006, the design,
finance, construction, renovation, management, operation, and
maintenance of rental housing units and associated
improvements at military training facilities, military bases,
and related military support facilities in the State of
Illinois. All interests enjoyed pursuant to the authority set
forth in Chapter 159 or Chapter 169 of Title 10 of the United
States Code are considered leaseholds for the purposes of this
Division. The changes to this Section made by this amendatory
Act of the 97th General Assembly apply beginning on January 1,
2006. Beginning with the 2017 tax year, this Section applies
only to naval training facilities, naval bases, and naval
support facilities.
(b) For tax years prior to 2017, for For naval training
facilities, naval bases, and naval support facilities, "net
operating income" means all revenues received minus the lesser
of (i) 62% of all revenues or (ii) actual expenses before
interest, taxes, depreciation, and amortization. For tax years
prior to 2017, for For all other military training facilities,
military bases, and related military support facilities, "net
operating income" means all revenues received minus the lesser

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of (i) 42% of all revenues or (ii) actual expenses before
interest, taxes, depreciation, and amortization.
(b-5) For tax year 2017 and thereafter, for naval training
facilities, naval bases, and naval support facilities, "net
operating income" means all revenues received minus the actual
expenses before interest, taxes, depreciation, and
amortization.
(c) "Tax load factor" means the level of assessment, as set
forth under item (b) of Section 9-145 or under Section 9-150,
multiplied by the cumulative tax rate for the current taxable
year.
(Source: P.A. 97-942, eff. 8-10-12; 98-494, eff. 1-1-14.)
(35 ILCS 200/10-375)
Sec. 10-375. Valuation.
(a) A PPV Lease must be valued at its fair cash value, as
provided under item (b) of Section 9-145 or under Section
9-150.
(b) The fair cash value of a PPV Lease must be determined
by using an income capitalization approach.
(c) To determine the fair cash value of a PPV Lease, the
net operating income is divided by (i) a rate of 12% 7.75% plus
(ii) the actual or most recently ascertainable tax load factor
for the subject year.
(d) By April 15 of each year, the holder of a PPV Lease
must report to the chief county assessment officer in each

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county in which the leasehold property is located the annual
gross income and expenses derived and incurred from the PPV
Lease, including the rental of leased property for each
military housing facility subject to a PPV Lease.
(Source: P.A. 94-974, eff. 6-30-06.)
(35 ILCS 200/10-380)
Sec. 10-380. For the taxable years 2006 through 2055 2016,
the chief county assessment officer in the county in which
property subject to a PPV Lease is located shall apply the
provisions of Sections 10-370(b)(i) and 10-375(c)(i) of this
Division 14 in assessing and determining the value of any PPV
Lease for purposes of the property tax laws of this State.
(Source: P.A. 98-463, eff. 8-16-13; 98-494, eff. 1-1-14;
99-738, eff. 8-5-16.)
Section 99. Effective date. This Act takes effect upon
becoming law.".