§ 15-100

Illinois § 15-100

• Jurisdiction: Illinois
• Topic: GOVERNMENT
• Ch. 35: REVENUE
• Act 35 ILCS 200/: Property Tax Code.
• Art.: Title 4 - Exemptions

Text

(Text of Section before amendment by P.A. 104-457 ) Sec. 15-100. Public transportation systems. (a) All property belonging to any municipal corporation created for the sole purpose of owning and operating a transportation system for public service is exempt. (b) Property owned by (i) a municipal corporation of 500,000 or more inhabitants, used for public transportation purposes, and operated by the Chicago Transit Authority; (ii) the Regional Transportation Authority; (iii) any service board or division of the Regional Transportation Authority; (iv) the Northeast Illinois Regional Commuter Railroad Corporation; or (v) the Chicago Transit Authority shall be exempt. For purposes of this Section alone, the Regional Transportation Authority, any service board or division of the Regional Transportation Authority, the Northeast Illinois Regional Commuter Railroad Corporation, the Chicago Transit Authority, or a municipal corporation, as defined in item (i), shall be deemed an "eligible transportation authority". The exemption provided in this subsection shall not be affected by any transaction in which, for the purpose of obtaining financing, the eligible transportation authority, directly or indirectly, leases or otherwise transfers such property to another whose property is not exempt and immediately thereafter enters into a leaseback or other agreement that directly or indirectly gives the eligible transportation authority a right to use, control, and possess the property. In the case of a conveyance of such property, the eligible transportation authority must retain an option to purchase the property at a future date or, within the limitations period for reverters, the property must revert back to the eligible transportation authority. (c) If such property has been conveyed as described in subsection (b), the property will no longer be exempt pursuant to this Section as of the date when: (1) the right of the eligible transportation authority to use, control, and possess the property has been terminated; (2) the eligible transportation authority no longer has an option to purchase or otherwise acquire the property; and (3) there is no provision for a reverter of the property to the eligible transportation authority within the limitations period for reverters. (d) Pursuant to Sections 15-15 and 15-20 of this Code, the eligible transportation authority shall notify the chief county assessment officer of any transaction under subsection (b) of this Section. The chief county assessment officer shall determine initial and continuing compliance with the requirements of this Section for tax exemption. Failure to notify the chief county assessment officer of a transaction under this Section or to otherwise comply with the requirements of Sections 15-15 and 15-20 of this Code shall, in the discretion of the chief county assessment officer, constitute cause to terminate the exemption, notwithstanding any other provision of this Code. (e) No provision of this Section shall be construed to affect the obligation of the eligible transportation authority to which an exemption certificate has been issued under this Section from its obligation under Section 15-10 of this Code to file an annual certificate of status or to notify the chief county assessment officer of transfers of interest or other changes in the status of the property as required by this Code. (f) The changes made by this amendatory Act of 1997 are declarative of existing law and shall not be construed as a new enactment. (Source: P.A. 90-562, eff. 12-16-97.) (Text of Section after amendment by P.A. 104-457 ) Sec. 15-100. Public transportation systems. (a) All property belonging to any municipal corporation created for the sole purpose of owning and operating a transportation system for public service is exempt. (b) Property owned by (i) a municipal corporation of 500,000 or more inhabitants, used for public transportation purposes, and operated by the Chicago Transit Authority; (ii) the Northern Illinois Transit Authority; (iii) any service board or division of the Northern Illinois Transit Authority; (iv) the Northeast Illinois Regional Commuter Railroad Corporation; or (v) the Chicago Transit Authority shall be exempt. For purposes of this Section alone, the Northern Illinois Transit Authority, any service board or division of the Northern Illinois Transit Authority, the Northeast Illinois Regional Commuter Railroad Corporation, the Chicago Transit Authority, or a municipal corporation, as defined in item (i), shall be deemed an "eligible transportation authority". The exemption provided in this subsection shall not be affected by any transaction in which, for the purpose of obtaining financing, the eligible transportation authority, directly or indirectly, leases or otherwise transfers such property to another whose property is not exempt and immediately thereafter enters into a leaseback or other agreement that directly or indirectly gives the eligible transportation authority a right to use, control, and possess the property. In the case of a conveyance of such property, the eligible transportation authority must retain an option to purchase the property at a future date or, within the limitations period for reverters, the property must revert back to the eligible transportation authority. (c) If such property has been conveyed as described in subsection (b), the property will no longer be exempt pursuant to this Section as of the date when: (1) the right of the eligible transportation authority to use, control, and possess the property has been terminated; (2) the eligible transportation authority no longer has an option to purchase or otherwise acquire the property; and (3) there is no provision for a reverter of the property to the eligible transportation authority within the limitations period for reverters. (d) Pursuant to Sections 15-15 and 15-20 of this Code, the eligible transportation authority shall notify the chief county assessment officer of any transaction under subsection (b) of this Section. The chief county assessment officer shall determine initial and continuing compliance with the requirements of this Section for tax exemption. Failure to notify the chief county assessment officer of a transaction under this Section or to otherwise comply with the requirements of Sections 15-15 and 15-20 of this Code shall, in the discretion of the chief county assessment officer, constitute cause to terminate the exemption, notwithstanding any other provision of this Code. (e) No provision of this Section shall be construed to affect the obligation of the eligible transportation authority to which an exemption certificate has been issued under this Section from its obligation under Section 15-10 of this Code to file an annual certificate of status or to notify the chief county assessment officer of transfers of interest or other changes in the status of the property as required by this Code. (f) The changes made by this amendatory Act of 1997 are declarative of existing law and shall not be construed as a new enactment.

Legislative History

(Source: P.A. 104-457, eff. 6-1-26.)