Bill Text: IL SB2974 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Property Tax Code. Provides that buildings, structures, and improvements that are not permanently attached to the land are not considered property for the purposes of the Code. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-03 - Rule 3-9(a) / Re-referred to Assignments [SB2974 Detail]

Download: Illinois-2023-SB2974-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2974 Introduced 1/31/2024, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
35 ILCS 200/1-130
Amends the Property Tax Code. Provides that buildings, structures, and improvements that are not permanently attached to the land are not considered property for the purposes of the Code. Effective immediately.
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A BILL FOR
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AN ACT concerning revenue.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing
Section 1-130 as follows:
(35 ILCS 200/1-130)
Sec. 1-130. Property; real property; real estate; land;
tract; lot.
(a) The land itself, with all things contained therein,
and also all buildings, structures and improvements, and other
permanent fixtures thereon, including all oil, gas, coal, and
other minerals in the land and the right to remove oil, gas and
other minerals, excluding coal, from the land, and all rights
and privileges belonging or pertaining thereto, except where
otherwise specified by this Code. Not included therein are
low-income housing tax credits authorized by Section 42 of the
Internal Revenue Code, 26 U.S.C. 42. Buildings, structures,
and improvements that are not permanently attached to the land
are not considered property for the purposes of this Code.
(b) Notwithstanding any other provision of law, mobile
homes and manufactured homes that (i) are located outside of
mobile home parks and (ii) are taxed under the Mobile Home
Local Services Tax Act on the effective date of this

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amendatory Act of the 96th General Assembly shall continue to
be taxed under the Mobile Home Local Services Tax Act and shall
not be assessed and taxed as real property until the home is
sold or transferred or until the home is relocated to a
different parcel of land outside of a mobile home park. If a
mobile home or manufactured home described in this subsection
(b) is sold, transferred, or relocated to a different parcel
of land outside of a mobile home park, then the home shall be
assessed and taxed as real property whether or not that mobile
home or manufactured home is affixed to a permanent
foundation, as defined in Section 5-5 of the Conveyance and
Encumbrance of Manufactured Homes as Real Property and
Severance Act, or installed on a permanent foundation, and
whether or not such mobile home or manufactured home is real
property as defined in Section 5-35 of the Conveyance and
Encumbrance of Manufactured Homes as Real Property and
Severance Act. Mobile homes and manufactured homes that are
located outside of mobile home parks and assessed and taxed as
real property on the effective date of this amendatory Act of
the 96th General Assembly shall continue to be assessed and
taxed as real property whether or not those mobile homes or
manufactured homes are affixed to a permanent foundation as
defined in the Conveyance and Encumbrance of Manufactured
Homes as Real Property and Severance Act or installed on
permanent foundations and whether or not those mobile homes or
manufactured homes are real property as defined in the

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Conveyance and Encumbrance of Manufactured Homes as Real
Property and Severance Act. If a mobile or manufactured home
that is located outside of a mobile home park is relocated to a
mobile home park, it must be considered chattel and must be
taxed according to the Mobile Home Local Services Tax Act. The
owner of a mobile home or manufactured home that is located
outside of a mobile home park may file a request with the chief
county assessment officer that the home be taxed as real
property.
(c) Mobile homes and manufactured homes that are located
in mobile home parks must be taxed according to the Mobile Home
Local Services Tax Act.
(d) If the provisions of this Section conflict with the
Illinois Manufactured Housing and Mobile Home Safety Act, the
Mobile Home Local Services Tax Act, the Mobile Home Park Act,
or any other provision of law with respect to the taxation of
mobile homes or manufactured homes located outside of mobile
home parks, the provisions of this Section shall control.
(e) Spent fuel pools and dry cask storage systems in which
nuclear fuel is stored and is pending further or final
disposal from a nuclear power plant that was decommissioned
before January 1, 2021 shall be considered real property and
be assessable. The chief county assessment officer shall
assess such property based on a national evaluation of the
effective value per pound of spent nuclear fuel, calculated by
examining assessments or PILOT agreements and documented

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pounds of spent nuclear fuel, at nuclear power plants where
such property is similarly considered real property.
(Source: P.A. 102-662, eff. 9-15-21.)