103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0142

 

Introduced 1/24/2023, 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

 

SB0142LRB103 25074 HLH 51409 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Section 1-130 as follows:
 
6    (35 ILCS 200/1-130)
7    Sec. 1-130. Property; real property; real estate; land;
8tract; lot.
9    (a) The land itself, with all things contained therein,
10and also all buildings, structures and improvements, and other
11permanent fixtures thereon, including all oil, gas, coal, and
12other minerals in the land and the right to remove oil, gas and
13other minerals, excluding coal, from the land, and all rights
14and privileges belonging or pertaining thereto, except where
15otherwise specified by this Code. Not included therein are
16low-income housing tax credits authorized by Section 42 of the
17Internal Revenue Code, 26 U.S.C. 42. Buildings, structures,
18and improvements that are not permanently attached to the land
19are not considered property for the purposes of this Code.
20    (b) Notwithstanding any other provision of law, mobile
21homes and manufactured homes that (i) are located outside of
22mobile home parks and (ii) are taxed under the Mobile Home
23Local Services Tax Act on the effective date of this

 

 

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1amendatory Act of the 96th General Assembly shall continue to
2be taxed under the Mobile Home Local Services Tax Act and shall
3not be assessed and taxed as real property until the home is
4sold or transferred or until the home is relocated to a
5different parcel of land outside of a mobile home park. If a
6mobile home or manufactured home described in this subsection
7(b) is sold, transferred, or relocated to a different parcel
8of land outside of a mobile home park, then the home shall be
9assessed and taxed as real property whether or not that mobile
10home or manufactured home is affixed to a permanent
11foundation, as defined in Section 5-5 of the Conveyance and
12Encumbrance of Manufactured Homes as Real Property and
13Severance Act, or installed on a permanent foundation, and
14whether or not such mobile home or manufactured home is real
15property as defined in Section 5-35 of the Conveyance and
16Encumbrance of Manufactured Homes as Real Property and
17Severance Act. Mobile homes and manufactured homes that are
18located outside of mobile home parks and assessed and taxed as
19real property on the effective date of this amendatory Act of
20the 96th General Assembly shall continue to be assessed and
21taxed as real property whether or not those mobile homes or
22manufactured homes are affixed to a permanent foundation as
23defined in the Conveyance and Encumbrance of Manufactured
24Homes as Real Property and Severance Act or installed on
25permanent foundations and whether or not those mobile homes or
26manufactured homes are real property as defined in the

 

 

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1Conveyance and Encumbrance of Manufactured Homes as Real
2Property and Severance Act. If a mobile or manufactured home
3that is located outside of a mobile home park is relocated to a
4mobile home park, it must be considered chattel and must be
5taxed according to the Mobile Home Local Services Tax Act. The
6owner of a mobile home or manufactured home that is located
7outside of a mobile home park may file a request with the chief
8county assessment officer that the home be taxed as real
9property.
10    (c) Mobile homes and manufactured homes that are located
11in mobile home parks must be taxed according to the Mobile Home
12Local Services Tax Act.
13    (d) If the provisions of this Section conflict with the
14Illinois Manufactured Housing and Mobile Home Safety Act, the
15Mobile Home Local Services Tax Act, the Mobile Home Park Act,
16or any other provision of law with respect to the taxation of
17mobile homes or manufactured homes located outside of mobile
18home parks, the provisions of this Section shall control.
19    (e) Spent fuel pools and dry cask storage systems in which
20nuclear fuel is stored and is pending further or final
21disposal from a nuclear power plant that was decommissioned
22before January 1, 2021 shall be considered real property and
23be assessable. The chief county assessment officer shall
24assess such property based on a national evaluation of the
25effective value per pound of spent nuclear fuel, calculated by
26examining assessments or PILOT agreements and documented

 

 

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1pounds of spent nuclear fuel, at nuclear power plants where
2such property is similarly considered real property.
3(Source: P.A. 102-662, eff. 9-15-21.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.