Bill Amendment: IL SB1156 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REVENUE-TECH
Status: 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1156 Detail]
Download: Illinois-2023-SB1156-Senate_Amendment_001.html
Bill Title: REVENUE-TECH
Status: 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1156 Detail]
Download: Illinois-2023-SB1156-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1156 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 1156 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 1-130 as follows:
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6 | (35 ILCS 200/1-130) | ||||||
7 | Sec. 1-130. Property; real property; real estate; land; | ||||||
8 | tract; lot. | ||||||
9 | (a) The land itself, with all things contained therein, | ||||||
10 | and also all buildings, structures and improvements, and other | ||||||
11 | permanent fixtures thereon, including all oil, gas, coal, and | ||||||
12 | other minerals in the land and the right to remove oil, gas and | ||||||
13 | other minerals, excluding coal, from the land, and all rights | ||||||
14 | and privileges belonging or pertaining thereto, except where | ||||||
15 | otherwise specified by this Code. Not included therein are | ||||||
16 | low-income housing tax credits authorized by Section 42 of the |
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1 | Internal Revenue Code, 26 U.S.C. 42. Except as otherwise | ||||||
2 | provided in this Section and the Mobile Home Local Services | ||||||
3 | Tax Act, a building or structure, including a portable shed, | ||||||
4 | garage, or other outbuilding, that is not affixed to or | ||||||
5 | installed on a permanent foundation or connected to utilities | ||||||
6 | for year-round occupancy is not considered real property. | ||||||
7 | (b) Notwithstanding any other provision of law, mobile | ||||||
8 | homes and manufactured homes that (i) are located outside of | ||||||
9 | mobile home parks and (ii) are taxed under the Mobile Home | ||||||
10 | Local Services Tax Act on the effective date of this | ||||||
11 | amendatory Act of the 96th General Assembly shall continue to | ||||||
12 | be taxed under the Mobile Home Local Services Tax Act and shall | ||||||
13 | not be assessed and taxed as real property until the home is | ||||||
14 | sold or transferred or until the home is relocated to a | ||||||
15 | different parcel of land outside of a mobile home park. If a | ||||||
16 | mobile home or manufactured home described in this subsection | ||||||
17 | (b) is sold, transferred, or relocated to a different parcel | ||||||
18 | of land outside of a mobile home park, then the home shall be | ||||||
19 | assessed and taxed as real property whether or not that mobile | ||||||
20 | home or manufactured home is affixed to a permanent | ||||||
21 | foundation, as defined in Section 5-5 of the Conveyance and | ||||||
22 | Encumbrance of Manufactured Homes as Real Property and | ||||||
23 | Severance Act, or installed on a permanent foundation, and | ||||||
24 | whether or not such mobile home or manufactured home is real | ||||||
25 | property as defined in Section 5-35 of the Conveyance and | ||||||
26 | Encumbrance of Manufactured Homes as Real Property and |
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1 | Severance Act. Mobile homes and manufactured homes that are | ||||||
2 | located outside of mobile home parks and assessed and taxed as | ||||||
3 | real property on the effective date of this amendatory Act of | ||||||
4 | the 96th General Assembly shall continue to be assessed and | ||||||
5 | taxed as real property whether or not those mobile homes or | ||||||
6 | manufactured homes are affixed to a permanent foundation as | ||||||
7 | defined in the Conveyance and Encumbrance of Manufactured | ||||||
8 | Homes as Real Property and Severance Act or installed on | ||||||
9 | permanent foundations and whether or not those mobile homes or | ||||||
10 | manufactured homes are real property as defined in the | ||||||
11 | Conveyance and Encumbrance of Manufactured Homes as Real | ||||||
12 | Property and Severance Act. If a mobile or manufactured home | ||||||
13 | that is located outside of a mobile home park is relocated to a | ||||||
14 | mobile home park, it must be considered chattel and must be | ||||||
15 | taxed according to the Mobile Home Local Services Tax Act. The | ||||||
16 | owner of a mobile home or manufactured home that is located | ||||||
17 | outside of a mobile home park may file a request with the chief | ||||||
18 | county assessment officer that the home be taxed as real | ||||||
19 | property. | ||||||
20 | (c) Mobile homes and manufactured homes that are located | ||||||
21 | in mobile home parks must be taxed according to the Mobile Home | ||||||
22 | Local Services Tax Act. | ||||||
23 | (d) If the provisions of this Section conflict with the | ||||||
24 | Illinois Manufactured Housing and Mobile Home Safety Act, the | ||||||
25 | Mobile Home Local Services Tax Act, the Mobile Home Park Act, | ||||||
26 | or any other provision of law with respect to the taxation of |
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1 | mobile homes or manufactured homes located outside of mobile | ||||||
2 | home parks, the provisions of this Section shall control. | ||||||
3 | (e) Spent fuel pools and dry cask storage systems in which | ||||||
4 | nuclear fuel is stored and is pending further or final | ||||||
5 | disposal from a nuclear power plant that was decommissioned | ||||||
6 | before January 1, 2021 shall be considered real property and | ||||||
7 | be assessable. The chief county assessment officer shall | ||||||
8 | assess such property based on a national evaluation of the | ||||||
9 | effective value per pound of spent nuclear fuel, calculated by | ||||||
10 | examining assessments or PILOT agreements and documented | ||||||
11 | pounds of spent nuclear fuel, at nuclear power plants where | ||||||
12 | such property is similarly considered real property. | ||||||
13 | (Source: P.A. 102-662, eff. 9-15-21.)
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