Bill Text: IL HB4110 | 2011-2012 | 97th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2013-02-01 - Public Act . . . . . . . . . 97-1161 [HB4110 Detail]
Download: Illinois-2011-HB4110-Enrolled.html
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.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2013-02-01 - Public Act . . . . . . . . . 97-1161 [HB4110 Detail]
Download: Illinois-2011-HB4110-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 | Sections 9-195 and 15-160 as follows:
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6 | (35 ILCS 200/9-195)
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7 | Sec. 9-195. Leasing of exempt property.
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8 | (a) Except as provided in Sections 15-35, 15-55, 15-60, | ||||||
9 | 15-100,
15-103, 15-160, and 15-185,
when property which is | ||||||
10 | exempt from taxation is leased to another whose property
is not | ||||||
11 | exempt, and the leasing of which does not make the property | ||||||
12 | taxable,
the leasehold estate and the appurtenances shall be | ||||||
13 | listed as the property of
the lessee thereof, or his or her | ||||||
14 | assignee. Taxes on that property shall be
collected in the same | ||||||
15 | manner as on property that is not exempt, and the lessee
shall | ||||||
16 | be liable for those taxes. However, no tax lien shall attach to | ||||||
17 | the
exempt real estate. The changes made by this amendatory Act | ||||||
18 | of 1997 and by this
amendatory Act of the 91st General Assembly | ||||||
19 | are declaratory of existing law
and shall not be construed as a | ||||||
20 | new enactment. The changes made by Public Acts
88-221 and | ||||||
21 | 88-420 that are incorporated into this Section by this | ||||||
22 | amendatory
Act of 1993 are declarative of existing law and are | ||||||
23 | not a new enactment.
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1 | (b) The provisions of this Section regarding taxation of | ||||||
2 | leasehold interests
in exempt property do not apply to any | ||||||
3 | leasehold interest created pursuant to
any transaction | ||||||
4 | described in subsection (e) of Section 15-35, subsection (c-5)
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5 | of Section 15-60, subsection (b) of Section 15-100, Section | ||||||
6 | 15-103, Section 15-160, or
Section 15-185.
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7 | (Source: P.A. 92-844, eff. 8-23-02; 92-846, eff.
8-23-02; | ||||||
8 | 93-19, eff. 6-20-03.)
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9 | (35 ILCS 200/15-160)
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10 | Sec. 15-160. Airport authorities and airports. | ||||||
11 | (a) All property belonging to any
Airport Authority and | ||||||
12 | used for Airport Authority purposes or leased to another
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13 | entity, which property use would be exempt from taxation under | ||||||
14 | this Code if
it were owned by the lessee entity, is exempt. | ||||||
15 | However, the provision added by
Public Act 86-219 shall not | ||||||
16 | apply to any property of any Airport Authority
located in a | ||||||
17 | county with more than 3,000,000 inhabitants. Property acquired
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18 | for airport purposes by an Authority shall remain subject to | ||||||
19 | any tax previously
levied to pay bonds issued and outstanding | ||||||
20 | on the date of acquisition.
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21 | (b) Also exempt is any airport or restricted land area or | ||||||
22 | other air navigation
facility owned, controlled, operated or | ||||||
23 | leased by another state or a political
subdivision of another | ||||||
24 | state under the provisions of Sections 25.01 to 25.04,
both | ||||||
25 | inclusive, of the "Illinois Aeronautics Act". However if at the |
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1 | time of
the acquisition of property to be used for public | ||||||
2 | airport purposes the city,
village, township or school | ||||||
3 | district, in which said property is located is
indebted for any | ||||||
4 | amount for payment of which it provided for the collection of
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5 | taxes, the property acquired for public airport purposes shall | ||||||
6 | be subject to
taxation for the payment of said indebtedness in | ||||||
7 | the same proportion as said
property bore to the taxable | ||||||
8 | property in said city, village, township or school
district | ||||||
9 | immediately before the acquisition thereof, according to the | ||||||
10 | last
assessment for taxation.
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11 | (c) If property of the Metropolitan Airport Authority of | ||||||
12 | Rock Island County is leased to a fixed base operator that | ||||||
13 | provides aeronautical services to the public, then those | ||||||
14 | leasehold interests and any improvements thereon are exempt. | ||||||
15 | (Source: Laws 1963, p. 1725; P.A. 86-219; 88-455.)
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