Sen. Chapin Rose

Filed: 4/18/2024

 

 


 

 


 
10300SB1156sam001LRB103 05600 HLH 72136 a

1
AMENDMENT TO SENATE BILL 1156

2    AMENDMENT NO. ______. Amend Senate Bill 1156 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1Internal Revenue Code, 26 U.S.C. 42. Except as otherwise
2provided in this Section and the Mobile Home Local Services
3Tax Act, a building or structure, including a portable shed,
4garage, or other outbuilding, that is not affixed to or
5installed on a permanent foundation or connected to utilities
6for year-round occupancy is not considered real property.
7    (b) Notwithstanding any other provision of law, mobile
8homes and manufactured homes that (i) are located outside of
9mobile home parks and (ii) are taxed under the Mobile Home
10Local Services Tax Act on the effective date of this
11amendatory Act of the 96th General Assembly shall continue to
12be taxed under the Mobile Home Local Services Tax Act and shall
13not be assessed and taxed as real property until the home is
14sold or transferred or until the home is relocated to a
15different parcel of land outside of a mobile home park. If a
16mobile home or manufactured home described in this subsection
17(b) is sold, transferred, or relocated to a different parcel
18of land outside of a mobile home park, then the home shall be
19assessed and taxed as real property whether or not that mobile
20home or manufactured home is affixed to a permanent
21foundation, as defined in Section 5-5 of the Conveyance and
22Encumbrance of Manufactured Homes as Real Property and
23Severance Act, or installed on a permanent foundation, and
24whether or not such mobile home or manufactured home is real
25property as defined in Section 5-35 of the Conveyance and
26Encumbrance of Manufactured Homes as Real Property and

 

 

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1Severance Act. Mobile homes and manufactured homes that are
2located outside of mobile home parks and assessed and taxed as
3real property on the effective date of this amendatory Act of
4the 96th General Assembly shall continue to be assessed and
5taxed as real property whether or not those mobile homes or
6manufactured homes are affixed to a permanent foundation as
7defined in the Conveyance and Encumbrance of Manufactured
8Homes as Real Property and Severance Act or installed on
9permanent foundations and whether or not those mobile homes or
10manufactured homes are real property as defined in the
11Conveyance and Encumbrance of Manufactured Homes as Real
12Property and Severance Act. If a mobile or manufactured home
13that is located outside of a mobile home park is relocated to a
14mobile home park, it must be considered chattel and must be
15taxed according to the Mobile Home Local Services Tax Act. The
16owner of a mobile home or manufactured home that is located
17outside of a mobile home park may file a request with the chief
18county assessment officer that the home be taxed as real
19property.
20    (c) Mobile homes and manufactured homes that are located
21in mobile home parks must be taxed according to the Mobile Home
22Local Services Tax Act.
23    (d) If the provisions of this Section conflict with the
24Illinois Manufactured Housing and Mobile Home Safety Act, the
25Mobile Home Local Services Tax Act, the Mobile Home Park Act,
26or any other provision of law with respect to the taxation of

 

 

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1mobile homes or manufactured homes located outside of mobile
2home parks, the provisions of this Section shall control.
3    (e) Spent fuel pools and dry cask storage systems in which
4nuclear fuel is stored and is pending further or final
5disposal from a nuclear power plant that was decommissioned
6before January 1, 2021 shall be considered real property and
7be assessable. The chief county assessment officer shall
8assess such property based on a national evaluation of the
9effective value per pound of spent nuclear fuel, calculated by
10examining assessments or PILOT agreements and documented
11pounds of spent nuclear fuel, at nuclear power plants where
12such property is similarly considered real property.
13(Source: P.A. 102-662, eff. 9-15-21.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".