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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2316 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
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35 ILCS 200/9-45 |
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35 ILCS 200/11-15 |
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Amends the Property Tax Code. Provides that property that is used for a petroleum refinery may be the subject of a real
property tax assessment settlement agreement among the taxpayer and taxing
districts in which the property is situated. Makes changes concerning the valuation of pollution control facilities. Effective immediately.
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| | A BILL FOR |
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| | HB2316 | | LRB103 26366 HLH 52728 b |
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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 9-45 and 11-15 as follows:
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| 6 | | (35 ILCS 200/9-45)
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| 7 | | Sec. 9-45. Property index number system. The county clerk |
| 8 | | in counties of
3,000,000 or more inhabitants and, subject to |
| 9 | | the approval of the county board,
the chief county assessment |
| 10 | | officer or recorder, in counties of less than
3,000,000 |
| 11 | | inhabitants, may establish a property index number system |
| 12 | | under which
property may be listed for purposes of assessment, |
| 13 | | collection of taxes or
automation of the office of the |
| 14 | | recorder. The system may be adopted in addition
to, or instead |
| 15 | | of, the method of listing by legal description as provided in
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| 16 | | Section 9-40. The system shall describe property by township, |
| 17 | | section,
block, and parcel or lot, and may cross-reference the |
| 18 | | street or post office
address, if any, and street code number, |
| 19 | | if any. The county clerk, county
treasurer, chief county |
| 20 | | assessment officer or recorder may establish and
maintain |
| 21 | | cross indexes of numbers assigned under the system with the |
| 22 | | complete
legal description of the properties to which the |
| 23 | | numbers relate. Index numbers
shall be assigned by the county |
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| 1 | | clerk in counties of 3,000,000 or more
inhabitants, and, at |
| 2 | | the direction of the county board in counties with less
than |
| 3 | | 3,000,000 inhabitants, shall be assigned by the chief county |
| 4 | | assessment
officer or recorder. Tax maps of the county clerk, |
| 5 | | county treasurer or chief
county assessment officer shall |
| 6 | | carry those numbers. The indexes shall be open
to public |
| 7 | | inspection and be made available to the public. Any property |
| 8 | | index
number system established prior to the effective date of |
| 9 | | this Code shall remain
valid. However, in counties with less |
| 10 | | than 3,000,000 inhabitants, the system
may be transferred to |
| 11 | | another authority upon the approval of the county board.
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| 12 | | Any real property used for a power generating or |
| 13 | | automotive manufacturing
facility located within a county of |
| 14 | | less than 1,000,000 inhabitants, as to
which litigation with |
| 15 | | respect to its assessed valuation is pending or was
pending as |
| 16 | | of January 1, 1993, may be the subject of a real
property tax |
| 17 | | assessment settlement agreement among the taxpayer and taxing
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| 18 | | districts in which it is situated. In addition, any real |
| 19 | | property that is located in a county with fewer than 1,000,000 |
| 20 | | inhabitants and (i) is used for natural gas extraction and |
| 21 | | fractionation or olefin and polymer manufacturing or (ii) is |
| 22 | | used for a petroleum refinery and (ii) located within a county |
| 23 | | of less than 1,000,000 inhabitants may be the subject of a real
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| 24 | | property tax assessment settlement agreement among the |
| 25 | | taxpayer and taxing
districts in which the property is |
| 26 | | situated if litigation is or was pending as to its assessed |
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| | HB2316 | - 3 - | LRB103 26366 HLH 52728 b |
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| 1 | | valuation as of January 1, 2003 or thereafter. Other |
| 2 | | appropriate authorities, which
may include county and State |
| 3 | | boards or officials, may also be parties to
such agreements. |
| 4 | | Such agreements may include the assessment of the
facility or |
| 5 | | property for any years in dispute as well as for up to 10 years |
| 6 | | in the future.
Such agreements may provide for the settlement |
| 7 | | of issues relating to the
assessed value of the facility and |
| 8 | | may provide for related payments,
refunds, claims, credits |
| 9 | | against taxes and liabilities in respect to past
and future |
| 10 | | taxes of taxing districts, including any fund created under
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| 11 | | Section 20-35 of this Act, all implementing the settlement
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| 12 | | agreement. Any such agreement may provide that parties thereto |
| 13 | | agree not to
challenge assessments as provided in the |
| 14 | | agreement. An agreement entered
into on or after January 1, |
| 15 | | 1993 may provide for the classification of property
that is |
| 16 | | the subject of the agreement as real or personal during the |
| 17 | | term of the
agreement and thereafter. It may also provide that |
| 18 | | taxing
districts agree to reimburse the taxpayer for amounts |
| 19 | | paid by the taxpayer
in respect to taxes for the real property |
| 20 | | which is the subject of the
agreement to the extent levied by |
| 21 | | those respective districts, over and
above amounts which would |
| 22 | | be due if the facility were to be assessed as
provided in the |
| 23 | | agreement. Such reimbursement may be provided in the
agreement |
| 24 | | to be made by credit against taxes of the taxpayer. No credits
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| 25 | | shall be applied against taxes levied with respect to debt |
| 26 | | service or lease
payments of a taxing district. No referendum |
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| 1 | | approval or appropriation
shall be required for such an |
| 2 | | agreement or such credits and any such
obligation shall not |
| 3 | | constitute indebtedness of the taxing district for
purposes of |
| 4 | | any statutory limitation. The county collector shall treat
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| 5 | | credited amounts as if they had been received by the collector |
| 6 | | as taxes
paid by the taxpayer and as if remitted to the |
| 7 | | district. A county
treasurer who is a party to such an |
| 8 | | agreement may agree to hold amounts
paid in escrow as provided |
| 9 | | in the agreement for possible use for paying
taxes until |
| 10 | | conditions of the agreement are met and then to apply these
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| 11 | | amounts as provided in the agreement. No such settlement |
| 12 | | agreement shall
be effective unless it shall have been |
| 13 | | approved by the court in which such
litigation is pending. Any |
| 14 | | such agreement which has been entered into
prior to adoption |
| 15 | | of this amendatory Act of 1988 and which is contingent
upon |
| 16 | | enactment of authorizing legislation shall be binding and |
| 17 | | enforceable.
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| 18 | | (Source: P.A. 96-609, eff. 8-24-09.)
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| 19 | | (35 ILCS 200/11-15)
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| 20 | | Sec. 11-15. Method of valuation for pollution control |
| 21 | | facilities. To
determine 33 1/3% of the fair cash value of any |
| 22 | | certified pollution control
device facilities in assessing |
| 23 | | those facilities, the Department shall determine the take into
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| 24 | | consideration the actual or probable net earnings attributable |
| 25 | | to the
facilities in question, capitalized on the basis of |
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| 1 | | their productive earning
value to their owner; the probable |
| 2 | | net value that which could be realized by its their
owner if |
| 3 | | the facilities were removed and sold at a fair, voluntary |
| 4 | | sale, giving
due account to the expense of removal site |
| 5 | | restoration, and transportation. The property's net value |
| 6 | | shall be considered to be 33 1/3% of the fair cash value and |
| 7 | | condition of the particular
facilities in question; and other |
| 8 | | information as the Department may consider as
bearing on the |
| 9 | | fair cash value of the facilities to their owner, consistent
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| 10 | | with the principles set forth in this Section. For the |
| 11 | | purposes of this Code,
earnings shall be attributed to a |
| 12 | | pollution control facility only to the extent
that its |
| 13 | | operation results in the production of a commercially saleable
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| 14 | | by-product or increases the production or reduces the |
| 15 | | production costs of the
products or services otherwise sold by |
| 16 | | the owner of such facility.
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| 17 | | (Source: P.A. 83-121; 88-455.)
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| 18 | | Section 99. Effective date. This Act takes effect upon |
| 19 | | becoming law.
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