PROP TX-EXEMPTION-LEASES Senate SponsorsSen. Don Harmon House Sponsors(Rep. Barbara Flynn Currie-Kenneth Dunkin) 5/9/2006SenatePublic Act . . . . . . . . . 94-0750 35 ILCS 200/15-185Amends the Property Tax Code. Provides for a property tax exemption for property that is leased by a municipality or unit of local government to another entity whose property is not exempt for the purpose of parking or for waste disposal or processing. Makes other changes.Senate Floor Amendment No. 1 Provides that the exemption for property leased by a municipality or unit of local government applies only if the property, including dedicated public property, is used by a municipality or other unit of local government for the purpose of parking or for waste disposal or processing and is leased for continued use for the same purpose to another entity whose property is not exempt.Senate Floor Amendment No. 2 Provides that the exemption for property leased by a municipality or unit of local government includes property used for the purposes of an airport. Provides, however, that the term "airport" does not include certain airport property defined under the O'Hare Modernization Act. Requires that transactions for the lease of property by a municipality or unit of local government be undertaken in accordance with all appropriate federal laws and regulations.House Amendment No. 1 Adds reference to:New Act65 ILCS 5/11-102-15 new820 ILCS 130/2from Ch. 48, par. 39s-230 ILCS 805/8.30 newDeletes everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Creates the Local Government Facility Lease Act. Defines "facility property" as property that is owned by a municipality with a population of over 500,000 inhabitants, or a unit of local government in such a municipality, that is used by the municipality or unit of local government for the purpose of airport, parking, or waste disposal or processing facilities. Sets forth requirements on the lease of facility property to a private entity for continued use for the same purpose. With respect to all leased facility property, requires the lessee to comply with all applicable ordinances of the municipality in which the property is located governing contracting with minority-owned and women-owned businesses and prohibiting discrimination and requiring appropriate affirmative action. With respect to leased facility property used for airport purposes, sets forth requirements concerning the use of the lease proceeds by the lessor, labor agreements, wage requirements, and offers of employment to existing employees. Limits the expansion of runways at Chicago Midway International Airport, which is facility property that is used for airport purposes. Provides that the provisions of the Act are judicially enforceable by injunctive relief and actual damages. Preempts home rule. Amends the Illinois Municipal Code. Provides that Chicago Midway International Airport is subject to Local Government Facility Lease Act. Amends the Prevailing Wage Act. Provides that the definition of "public works" includes all projects at leased facility property used for airport purposes under the Local Government Facility Lease Act. Amends the State Mandates Act to require implementation without reimbursement. Further amends the Property Tax Code. Makes technical changes. Effective immediately.House Amendment No. 2 Adds reference to:New Act65 ILCS 5/11-102-15 new820 ILCS 130/2from Ch. 48, par. 39s-230 ILCS 805/8.30 newDeletes everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Creates the Local Government Facility Lease Act. Defines "facility property" as property that is owned by a municipality with a population of over 500,000 inhabitants, or a unit of local government in such a municipality, that is used by the municipality or unit of local government for the purpose of airport, parking, or waste disposal or processing facilities. Sets forth requirements on the lease of facility property to a private entity for continued use for the same purpose. With respect to all leased facility property, requires the lessee to comply with all applicable ordinances of the municipality in which the property is located governing contracting with minority-owned and women-owned businesses and prohibiting discrimination and requiring appropriate affirmative action. With respect to leased facility property used for airport purposes, sets forth requirements concerning the use of the lease proceeds by the lessor, labor agreements, wage requirements, and offers of employment to existing employees. Limits the expansion of runways at Chicago Midway International Airport, which is facility property that is used for airport purposes. Provides that the provisions of the Act are judicially enforceable by injunctive relief and actual damages. Preempts home rule. Amends the Illinois Municipal Code. Provides that Chicago Midway International Airport is subject to Local Government Facility Lease Act. Amends the Prevailing Wage Act. Provides that the definition of "public works" includes all projects at leased facility property used for airport purposes under the Local Government Facility Lease Act. Amends the State Mandates Act to require implementation without reimbursement. Further amends the Property Tax Code. Makes technical changes. Effective immediately.Fiscal Note (H-AM 2) (Dept. of Revenue) Would not have a direct fiscal impact on State revenues or on the Department of Revenue.Judicial Note (H-AM 2) (Admin. Office of the Illinois Courts) Would neither increase nor decrease the number of judges needed in the state.Pension Note (H-AM 2)(Comm on Gov't Forecasting & Accountability) SB 2872 (H-AM 2) stipulates that with respect to any leased facility property used for airport purposes, at least 90% of the net proceeds of the lease shall be expended for the construction and maintenance of infrastructure within the municipality and contributions to pension funds created for municipal employees. It is unknown how the proceeds of any such lease would be distributed amongst the Chicago pension funds.Correctional Note (H-AM 2)(Dept of Corrections) There is no corrections population impact on the Department.Housing Affordability Impact Note (H-AM 2)(Housing Development Authority) No fiscal effect on a single-family residence.State Mandates Fiscal Note (H-AM 2)(Dept of Commerce & Economic Opportunity) In the opinion of DCEO, SB 2872 (H-AM 2) creates a local government organization and structure mandate for which reimbursement of the increased costs to units of local government is not required under the State Mandates Act. In addition, the legislation also contains language stating any mandate that it creates is not required to be reimbursed.Home Rule Note (H-AM 2)(Dept of Commerce & Economic Opportunity) In the opinion of DCEO, SB 2872 (H-AM 2) pre-empts home rule authority. Balanced Budget Note (H-AM 2)(Gov. Office of Management & Budget) The Governor's Office of Management and Budget estimates that this bill, if enacted into law, will have no impact to the State's budget.State Debt Impact Note (H-AM 2)(Comm on Gov't Forecasting & Accountability) SB 2872 (H-AM 2) would not change the amount of authorization for any type of State-issued or State-supported bond, and therefore, would not affect the level of State indebtedness. 1/20/2006SenateFiled with Secretary by Sen. Don Harmon 1/20/2006SenateFirst Reading 1/20/2006SenateReferred to Rules 2/8/2006SenateAssigned to Revenue 2/15/2006SenateDo Pass Revenue; 009-000-000 2/15/2006SenatePlaced on Calendar Order of 2nd Reading February 16, 2006 2/16/2006SenateSecond Reading 2/16/2006SenatePlaced on Calendar Order of 3rd Reading February 22, 2006 2/28/2006SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Don Harmon 2/28/2006SenateSenate Floor Amendment No. 1 Referred to Rules 2/28/2006SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Don Harmon 2/28/2006SenateSenate Floor Amendment No. 2 Referred to Rules 2/28/2006SenateSenate Floor Amendment No. 1 Rules Refers to Revenue 2/28/2006SenateSenate Floor Amendment No. 2 Rules Refers to Revenue 3/1/2006SenateSenate Floor Amendment No. 1 Recommend Do Adopt Revenue; 006-000-000 3/1/2006SenateSenate Floor Amendment No. 2 Recommend Do Adopt Revenue; 006-000-000 3/2/2006SenateRecalled to Second Reading 3/2/2006SenateSenate Floor Amendment No. 1 Adopted; Harmon 3/2/2006SenateSenate Floor Amendment No. 2 Adopted; Harmon 3/2/2006SenatePlaced on Calendar Order of 3rd Reading 3/2/2006SenateThird Reading - Passed; 058-000-000 3/2/2006HouseArrived in House 3/2/2006HousePlaced on Calendar Order of First Reading 3/14/2006HouseChief House Sponsor Rep. Barbara Flynn Currie 3/14/2006HouseFirst Reading 3/14/2006HouseReferred to Rules Committee 4/3/2006HouseFinal Action Deadline Extended-9(b) April 7, 2006 4/3/2006HouseAssigned to Local Government Committee 4/7/2006HouseFinal Action Deadline Extended-9(b) April 13, 2006 4/12/2006HouseHouse Amendment No. 1 Filed with Clerk by Local Government Committee 4/12/2006HouseHouse Amendment No. 1 Adopted in Local Government Committee; by Voice Vote 4/12/2006HouseDo Pass as Amended / Standard Debate Local Government Committee; 006-005-000 4/12/2006HousePlaced on Calendar 2nd Reading - Standard Debate 4/12/2006HouseHouse Amendment No. 2 Filed with Clerk by Rep. Barbara Flynn Currie 4/12/2006HouseHouse Amendment No. 2 Referred to Rules Committee 4/12/2006HouseHouse Amendment No. 1 Motion Filed to Table Rep. Barbara Flynn Currie 4/12/2006HouseHouse Amendment No. 1 Motion to Table Referred to Rules Committee 4/12/2006HouseHouse Amendment No. 1 Motion to Table Recommends Be Adopted Rules Committee; 004-000-000 4/12/2006HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000 4/13/2006HouseFinal Action Deadline Extended-9(b) April 30, 2006 4/17/2006HouseFiscal Note Filed As Amended by HA 2 4/17/2006HouseJudicial Note Filed As Amended by HA 2 4/17/2006HousePension Note Filed As Amended by HA 2 4/17/2006HouseCorrectional Note Filed As Amended by HA 2 4/17/2006HouseHousing Affordability Impact Note Filed As Amended by HA 2 4/17/2006HouseState Mandates Fiscal Note Filed As Amended by HA 2 4/17/2006HouseHome Rule Note Filed As Amended by HA 2 4/18/2006HouseBalanced Budget Note Filed As Amended by HA 2 4/18/2006HouseState Debt Impact Note Filed As Amended by HA 2 4/18/2006HouseSecond Reading - Standard Debate 4/18/2006HouseHeld on Calendar Order of Second Reading - Standard Debate 4/30/2006HouseFinal Action Deadline Extended-9(b) May 5, 2006 5/2/2006HouseHouse Amendment No. 1 Motion to Table Amendment - Prevailed 5/2/2006HouseHouse Amendment No. 2 Adopted by Voice Vote 5/2/2006HousePlaced on Calendar Order of 3rd Reading - Standard Debate 5/2/2006HouseChair Rules Bill be Placed on Unlimited Debate Status 5/2/2006HousePlaced on Calendar Order of 3rd Reading - Unlimited Debate 5/2/2006HouseAdded Alternate Chief Co-Sponsor Rep. Kenneth Dunkin 5/2/2006HouseRep. James Durkin questioned if a 3/5ths vote is required 5/2/2006HouseChair Ruled a Vote of a Constitutional Majority is required 5/2/2006HouseAppeal Ruling of Chair Rep. Jim Durkin 5/2/2006HouseMotion to Sustain the Chair - Prevailed 062-049-000 5/2/2006HouseThird Reading - Unlimited Debate - Passed 065-046-000 5/2/2006SenateSecretary's Desk - Concurrence House Amendment(s) 02 5/2/2006SenatePlaced on Calendar Order of Concurrence House Amendment(s) 02-May 3, 2006 5/2/2006SenateHouse Amendment No. 2 Motion to Concur Filed with Secretary Sen. Don Harmon 5/2/2006SenateHouse Amendment No. 2 Motion to Concur Referred to Rules 5/2/2006SenateHouse Amendment No. 2 Motion to Concur Rules Referred to Revenue 5/3/2006SenateHouse Amendment No. 2 Motion To Concur Recommended Do Adopt Revenue; 009-000-000 5/3/2006SenateHouse Amendment No. 2 Senate Concurs 043-012-000 5/3/2006SenatePassed Both Houses 5/9/2006SenateSent to the Governor 5/9/2006SenateGovernor Approved 5/9/2006SenateEffective Date May 9, 2006 5/9/2006SenatePublic Act . . . . . . . . . 94-0750