Bill Text: IL HB4046 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Motor Fuel Tax Law. Provides that $3,500,000 shall be transferred each month to the Grade Crossing Protection Fund (instead of $2,250,000). Provides that, of the moneys transferred to the Grade Crossing Protection Fund, not less than $12,000,000 (instead of $6,000,000) shall be used for the construction or reconstruction of rail highway grade separation structures. Increases the amount transferred to the Transportation Regulatory Fund beginning in fiscal year 2010. Provides that the Illinois Commerce Commission may order up to $2,000,000 per year in Grade Crossing Protection Fund moneys for the improvement of grade crossing surfaces and up to $300,000 per year for the maintenance and renewal of four-quadrant gate vehicle detection systems located at non-high speed rail grade crossings. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2009-08-28 - Public Act . . . . . . . . . 96-0779 [HB4046 Detail]
Download: Illinois-2009-HB4046-Enrolled.html
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| 1 | AN ACT concerning revenue.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Property Tax Code is amended by changing | ||||||
| 5 | Section 15-185 as follows:
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| 6 | (35 ILCS 200/15-185)
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| 7 | Sec. 15-185. Exemption for leaseback property and | ||||||
| 8 | qualified leased property.
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| 9 | (a) Notwithstanding anything in this Code to
the
contrary, | ||||||
| 10 | all property owned by a municipality with a population of over
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| 11 | 500,000
inhabitants, or a unit of local government whose | ||||||
| 12 | jurisdiction includes
territory located in
whole or in part | ||||||
| 13 | within a municipality with a population of over 500,000
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| 14 | inhabitants, or a municipality with home rule powers that is | ||||||
| 15 | contiguous to a municipality with a population of over 500,000 | ||||||
| 16 | inhabitants,
shall remain exempt from taxation and any | ||||||
| 17 | leasehold interest in that property
shall not be
subject to | ||||||
| 18 | taxation under Section 9-195 if
the
property is directly or | ||||||
| 19 | indirectly leased, sold, or otherwise transferred to
another | ||||||
| 20 | entity
whose property is not exempt and immediately thereafter | ||||||
| 21 | is the subject of a
leaseback or
other agreement that directly | ||||||
| 22 | or indirectly gives the municipality or unit of
local
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| 23 | government (i) a right to use, control, and possess the | ||||||
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| 1 | property or (ii) a
right to require
the other entity, or the | ||||||
| 2 | other entity's designee or assignee, to use the
property in the
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| 3 | performance of services for the municipality or unit of local | ||||||
| 4 | government. Property
shall no longer be exempt under this | ||||||
| 5 | subsection as of the date when the right of
the
municipality or | ||||||
| 6 | unit of local government to use, control, and possess the
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| 7 | property or to
require the performance of services is | ||||||
| 8 | terminated and the municipality or unit
of local
government no | ||||||
| 9 | longer has any option to purchase or otherwise reacquire the
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| 10 | interest in
the property which was transferred by the | ||||||
| 11 | municipality or unit of local
government.
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| 12 | (b) Notwithstanding anything in this Code to
the
contrary, | ||||||
| 13 | all property owned by a municipality with a population of over
| ||||||
| 14 | 500,000
inhabitants, or a unit of local government whose | ||||||
| 15 | jurisdiction includes
territory located in
whole or in part | ||||||
| 16 | within a municipality with a population of over 500,000
| ||||||
| 17 | inhabitants, or a municipality with home rule powers that is | ||||||
| 18 | contiguous to a municipality with a population of over 500,000 | ||||||
| 19 | inhabitants,
shall remain exempt from taxation and any | ||||||
| 20 | leasehold interest in that property
is not
subject to taxation | ||||||
| 21 | under Section 9-195 if the property, including dedicated public | ||||||
| 22 | property, is used by a municipality or other unit of local | ||||||
| 23 | government for the purpose of an airport or parking or for | ||||||
| 24 | waste disposal or processing and is leased for continued use | ||||||
| 25 | for the same purpose to another entity whose property is not | ||||||
| 26 | exempt. | ||||||
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| 1 | For the purposes of this subsection (b), "airport" does not | ||||||
| 2 | include any airport property, as defined under Section 10 of | ||||||
| 3 | the O'Hare Modernization Act. | ||||||
| 4 | Any transaction described under this subsection must be | ||||||
| 5 | undertaken in accordance with all appropriate federal laws and | ||||||
| 6 | regulations. | ||||||
| 7 | (c) For purposes of this Section, "municipality" means a | ||||||
| 8 | municipality as defined
in
Section 1-1-2 of the Illinois | ||||||
| 9 | Municipal Code, and "unit of local government"
means a unit
of | ||||||
| 10 | local government as defined in Article VII, Section 1 of the | ||||||
| 11 | Constitution of
the State of
Illinois. The provisions of this | ||||||
| 12 | Section supersede and control over any
conflicting
provisions | ||||||
| 13 | of this Code.
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| 14 | (Source: P.A. 93-19, eff. 6-20-03; 94-750, eff. 5-9-06.)
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| 15 | Section 99. Effective date. This Act takes effect upon | ||||||
| 16 | becoming law.
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