Bill Text: IL HB1053 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Property Tax Code. Provides that land containing hotels or lodging facilities, club houses, banquet facilities, tennis or other courts, swimming pools, commercial or industrial facilities, retail shops, or land and parking areas serving any of those improvements shall be valued at its fair cash value and shall not be valued as open space land.
Spectrum: Bipartisan Bill
Status: (Failed) 2014-12-03 - Session Sine Die [HB1053 Detail]
Download: Illinois-2013-HB1053-Amended.html
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1 | AMENDMENT TO HOUSE BILL 1053
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2 | AMENDMENT NO. ______. Amend House Bill 1053 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Property Tax Code is amended by changing | ||||||
5 | Section 10-155 as follows:
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6 | (35 ILCS 200/10-155)
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7 | Sec. 10-155. Open space land; valuation. In all counties, | ||||||
8 | in
addition to valuation as otherwise permitted by law, land | ||||||
9 | which is used for
open space purposes and has been so used for | ||||||
10 | the 3 years immediately preceding
the year in which the | ||||||
11 | assessment is made, upon application under Section
10-160, | ||||||
12 | shall be valued on the basis of its fair cash value, estimated | ||||||
13 | at the
price it would bring at a fair, voluntary sale for use | ||||||
14 | by the buyer for open
space purposes.
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15 | Land is considered used for open space purposes if it is | ||||||
16 | more than 10 acres
in area and:
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1 | (a) is actually and exclusively used for maintaining or | ||||||
2 | enhancing natural
or scenic resources,
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3 | (b) protects air or streams or water supplies,
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4 | (c) promotes conservation of soil, wetlands, beaches, | ||||||
5 | or marshes,
including ground cover or planted perennial | ||||||
6 | grasses, trees and shrubs and other
natural perennial | ||||||
7 | growth, and including any body of water, whether man-made | ||||||
8 | or
natural,
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9 | (d) conserves landscaped areas, such as public or | ||||||
10 | private golf courses,
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11 | (e) enhances the value to the public of abutting or | ||||||
12 | neighboring parks,
forests, wildlife preserves, nature | ||||||
13 | reservations, sanctuaries, or other open
spaces, or
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14 | (f) preserves historic sites.
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15 | Land is not considered used for open space purposes if it | ||||||
16 | is used primarily
for residential purposes , or if it is | ||||||
17 | improved with hotels or lodging facilities, club houses, | ||||||
18 | banquet facilities, tennis or other courts, swimming pools, | ||||||
19 | commercial or industrial facilities, retail shops, or land and | ||||||
20 | parking areas serving any of those improvements. Such land | ||||||
21 | shall be valued at fair cash value in accordance with Section | ||||||
22 | 9-145, or in accordance with a classification ordinance adopted | ||||||
23 | pursuant to Section 9-150 of the Property Tax Code, and shall | ||||||
24 | not be valued as open space land. The existence of hotels or | ||||||
25 | lodging facilities, club houses, banquet facilities, tennis or | ||||||
26 | other courts, swimming pools, commercial or industrial |
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1 | facilities, retail shops, improvements, or land and parking | ||||||
2 | areas on parcels otherwise considered to be in an open space | ||||||
3 | use shall not preclude the granting of the open space | ||||||
4 | preferential assessment to the portions of the parcel not | ||||||
5 | encumbered by these improvements . | ||||||
6 | If the land is improved with a water-retention dam that is | ||||||
7 | operated primarily for commercial purposes, the | ||||||
8 | water-retention dam is not considered to be used for open space | ||||||
9 | purposes despite the fact that any resulting man-made lake may | ||||||
10 | be considered to be used for open space purposes under this | ||||||
11 | Section.
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12 | The General Assembly finds and declares that this | ||||||
13 | amendatory Act of the 98th General Assembly is a clarification | ||||||
14 | of existing law and is an indication of its previous intent in | ||||||
15 | enacting and amending this Section. | ||||||
16 | (Source: P.A. 95-70, eff. 1-1-08.)".
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