Full Text of SB1156 103rd General Assembly
SB1156sam001 103RD GENERAL ASSEMBLY | Sen. Chapin Rose Filed: 4/18/2024 | | 10300SB1156sam001 | | LRB103 05600 HLH 72136 a |
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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: | 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Section 1-130 as follows: | 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.) | 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.". |
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