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91_SB0023ham004
LRB9100408SMdvam23
1 AMENDMENT TO SENATE BILL 23
2 AMENDMENT NO. . Amend Senate Bill 23, AS AMENDED, by
3 replacing the title with the following:
4 "AN ACT in relation to taxation."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Property Tax Code is amended by changing
8 Section 9-45 and adding Sections 10-231, 10-232, 10-232.5,
9 10-233, 10-233.5, 10-233.6, and 10-234 as follows:
10 (35 ILCS 200/9-45)
11 Sec. 9-45. Property index number system. The county
12 clerk in counties of 3,000,000 or more inhabitants and,
13 subject to the approval of the county board, the chief county
14 assessment officer or recorder, in counties of less than
15 3,000,000 inhabitants, may establish a property index number
16 system under which property may be listed for purposes of
17 assessment, collection of taxes or automation of the office
18 of the recorder. The system may be adopted in addition to, or
19 instead of, the method of listing by legal description as
20 provided in Section 9-40. The system shall describe property
21 by township, section, block, and parcel or lot, and may
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1 cross-reference the street or post office address, if any,
2 and street code number, if any. The county clerk, county
3 treasurer, chief county assessment officer or recorder may
4 establish and maintain cross indexes of numbers assigned
5 under the system with the complete legal description of the
6 properties to which the numbers relate. Index numbers shall
7 be assigned by the county clerk in counties of 3,000,000 or
8 more inhabitants, and, at the direction of the county board
9 in counties with less than 3,000,000 inhabitants, shall be
10 assigned by the chief county assessment officer or recorder.
11 Tax maps of the county clerk, county treasurer or chief
12 county assessment officer shall carry those numbers. The
13 indexes shall be open to public inspection and be made
14 available to the public. Any property index number system
15 established prior to the effective date of this Code shall
16 remain valid. However, in counties with less than 3,000,000
17 inhabitants, the system may be transferred to another
18 authority upon the approval of the county board.
19 Any real property used for a power generating or
20 automotive manufacturing facility located within a county of
21 less than 1,000,000 inhabitants, as to which litigation with
22 respect to its assessed valuation or taxation is pending or
23 was pending as of January 1, 1993, may be the subject of a
24 real property tax assessment settlement agreement among the
25 taxpayer and taxing districts in which it is situated. Other
26 appropriate authorities, which may include county and State
27 boards or officials, may also be parties to such an
28 agreement. Such an agreement may include the assessment of
29 the facility for any years in dispute as well as for up to 10
30 years in the future. Such an agreement may provide for the
31 settlement of issues relating to the assessed value of the
32 facility and may provide for related payments, refunds,
33 claims, credits against taxes and liabilities in respect to
34 past and future taxes of taxing districts, including any fund
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1 created under Section 20-35 of this Act, all implementing the
2 settlement agreement. Any such agreement may provide that
3 parties thereto agree not to challenge assessments as
4 provided in the agreement. An agreement entered into on or
5 after January 1, 1993 may provide for the classification of
6 property that is the subject of the agreement as real or
7 personal during the term of the agreement and thereafter. It
8 may also provide that taxing districts agree to reimburse the
9 taxpayer for amounts paid by the taxpayer in respect to taxes
10 for the real property which is the subject of the agreement
11 to the extent levied by those respective districts, over and
12 above amounts which would be due if the facility were to be
13 assessed as provided in the agreement. Such reimbursement
14 may be provided in the agreement to be made by credit against
15 taxes of the taxpayer. No credits shall be applied against
16 taxes levied with respect to debt service or lease payments
17 of a taxing district. No referendum approval or
18 appropriation shall be required for such an agreement or such
19 credits and any such obligation shall not constitute
20 indebtedness of the taxing district for purposes of any
21 statutory limitation. The county collector shall treat
22 credited amounts as if they had been received by the
23 collector as taxes paid by the taxpayer and as if remitted to
24 the district. A county treasurer who is a party to such an
25 agreement may agree to hold amounts paid in escrow as
26 provided in the agreement for possible use for paying taxes
27 until conditions of the agreement are met and then to apply
28 these amounts as provided in the agreement. No such
29 settlement agreement shall be effective unless it shall have
30 been approved by the court in which such litigation is
31 pending. Any such agreement which has been entered into
32 prior to adoption of this amendatory Act of 1988 and which is
33 contingent upon enactment of authorizing legislation shall be
34 binding and enforceable.
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1 (Source: P.A. 88-455; 88-535; 88-670, eff. 12-2-94.)
2 (35 ILCS 200/10-231 new)
3 Sec. 10-231. Definitions. As used in this Division,
4 unless the context otherwise requires:
5 "Base year assessment" means the lower of the 1998 or
6 1999 assessment of the real property, as set by the board of
7 review, of a nuclear electric generating station.
8 "Base year real estate percentage" means:
9 (1) in the case of a nuclear electric generating
10 station for which the taxpayer has entered into a
11 settlement agreement under Section 9-45 that sets forth a
12 percentage of the nuclear electric generating station
13 that is real property, the percentage set forth in the
14 agreement; or
15 (2) in the case of a nuclear electric generating
16 station for which the taxpayer has not entered into a
17 settlement agreement under Section 9-45 that sets forth a
18 percentage of the nuclear electric generating station
19 that is real property, then a percentage equal to a
20 fraction the numerator of which is the lower of the 1998
21 or 1999 assessment of the real property of the nuclear
22 electric generating station as set by the board of review
23 and the denominator of which is one-third of the original
24 cost less depreciation of the nuclear electric generating
25 station as of 1998 or 1999, whichever is lower.
26 "Electric generating station" means a station constructed
27 and designed to generate electricity and that was owned, as
28 of November 1, 1997, by an electric utility as defined in
29 Section 16-102 of the Public Utilities Act.
30 "End-of-period assessment" means 33 1/3% of the
31 end-of-period calculated facility value multiplied by the
32 base year real estate percentage.
33 "End-of-period calculated facility value" of a nuclear
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1 electric generating station means:
2 (1) for the Dresden nuclear electric generating
3 station, $200 per kilowatt of total installed capacity
4 reflected on FERC form 1;
5 (2) for the Quad Cities nuclear electric generating
6 station, $110 per kilowatt of total installed capacity
7 reflected on FERC form 1;
8 (3) for the LaSalle nuclear electric generating
9 station, $280 per kilowatt of total installed capacity
10 reflected on FERC form 1;
11 (4) for the Braidwood nuclear electric generating
12 station, $395 per kilowatt of total installed capacity as
13 reflected on FERC form 1;
14 (5) for the Byron nuclear electric generating
15 station, $395 per kilowatt of total installed capacity as
16 reflected on FERC form 1; and
17 (6) for the Clinton nuclear generating station,
18 $375 per kilowatt of total installed capacity reflected
19 on FERC form 1.
20 "Non-nuclear electric generating station" means an
21 electric generating station other than a nuclear electric
22 generating station.
23 "Nuclear electric generating station" means an electric
24 generating station that generates electricity using the
25 fission of uranium.
26 "Permanently closed non-nuclear electric generating
27 station" means a non-nuclear generating station (i) that does
28 not generate electricity and (ii) for which the owner of the
29 station has notified the Illinois Commerce Commission of its
30 intent to permanently cease the generation of electricity.
31 "Permanently closed nuclear station" means a nuclear
32 electric generating station with respect to which either (i)
33 its owner has notified the Nuclear Regulatory Commission that
34 it intends to permanently cease operations of the nuclear
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1 power generating units at the station and has ceased the
2 nuclear generation of electricity or (ii) the Nuclear
3 Regulatory Commission has revoked the owner's license.
4 "Transition amount" means the difference between the base
5 year assessment and the end-of-period assessment.
6 "Transition period" means the period beginning on January
7 1, 2000 and ending on December 31, 2005.
8 (35 ILCS 200/10-232 new)
9 Sec. 10-232. Assessment of electric generating stations.
10 (a) During the transition period, the real property
11 assessment with respect to a nuclear electric generating
12 station that is not a permanently closed nuclear station is
13 as follows:
14 (1) if there is a settlement agreement entered into
15 under Section 9-45 that provides for the assessment of
16 the nuclear electric generating station's real property
17 for that year, the assessment provided for in the
18 agreement; or
19 (2) if there is no settlement agreement entered
20 into under Section 9-45 that provides for the assessment
21 of the nuclear electric generating station's real
22 property for that year, then:
23 (A) for the year 2000, the base year
24 assessment less 50% of the transition amount;
25 (B) for the year 2001, the base year
26 assessment less 60% of the transition amount;
27 (C) for the year 2002, the base year
28 assessment less 70% of the transition amount;
29 (D) for the year 2003, the base year
30 assessment less 80% of the transition amount;
31 (E) for the year 2004, the base year
32 assessment less 90% of the transition amount; and
33 (F) for the year 2005, the end-of-period
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1 assessment.
2 (b) During the transition period, the real property
3 assessment with respect to a nuclear electric generating
4 station that was a permanently closed nuclear station as of
5 January 1, 1999 is as follows:
6 (1) for the year 2000, 60% of its 1998 assessment;
7 (2) for the year 2001, 30% of its 1998 assessment;
8 and
9 (3) for the years 2002 and until the end of the
10 transition period, the lesser of (i) $25,000,000 or (ii)
11 30% of the 1998 assessment.
12 (c) During the transition period, the real property
13 assessment with respect to a nuclear electric generating
14 station that becomes a permanently closed nuclear station
15 after January 1, 1999 is as follows:
16 (1) for the first assessment year following the
17 year in which the station is permanently closed, 60% of
18 the prior year's assessment;
19 (2) for the second assessment year following the
20 year in which the station is permanently closed, 30% of
21 the last assessment prior to the permanent closure of the
22 station; and
23 (3) for the third assessment year following the
24 year in which the station is permanently closed and until
25 the end of the transition period, the lesser of (i)
26 $25,000,000 or (ii) 30% of the last assessment prior to
27 the permanent closure of the station.
28 (d) During the transition period, the real property
29 assessment with respect to a non-nuclear electric generating
30 station that is not a permanently closed non-nuclear
31 generating station is as follows:
32 (1) if there is a settlement agreement entered into
33 under Section 9-45 that provides for the assessment of
34 the non-nuclear electric generating station's real
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1 property for that year, the assessment provided for in
2 the agreement; or
3 (2) if there is no settlement agreement entered
4 into under Section 9-45 that provides for the assessment
5 of the non-nuclear electric generating station's real
6 property for that year, then 33 1/3% of the fair cash
7 value of the real property, but in no event shall the
8 assessment increase over or decrease from the assessment
9 for the prior year by more than 20%.
10 (e) During the transition period, the real property
11 assessment with respect to a permanently closed non-nuclear
12 electric generating station is 33 1/3% of the fair cash value
13 of the real property without any limitation based upon the
14 assessment of any prior year.
15 (f) The sale of any station that generates electricity
16 shall not be a factor in the assessment of the property of a
17 nuclear electric generating station for any assessment year
18 during the transition period.
19 (g) During the transition period, land that was not
20 improved with electric generating or substation equipment in
21 the year of the base year assessment, but that has been
22 reported to the Federal Energy Regulatory Commission as
23 comprising part of a nuclear electric generating station,
24 shall be assessed using the same valuation methodology that
25 was applied to the land in the year of the base year
26 assessment, unless the land is used for a purpose different
27 from the year of base year assessment.
28 (35 ILCS 200/10-232.5 new)
29 Sec. 10-232.5. Assessment during and after the
30 transition period.
31 (a) During the transition period, the assessed valuation
32 of an electric generating station's real property is not
33 subject to application of any equalization factor set by the
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1 Department of Revenue or local assessment officers. During
2 this period, the equalized assessed valuation of the real
3 property of an electric generating station shall be the same
4 as its assessed valuation.
5 (b) For the 2006 assessment year and thereafter, the
6 property of all electric generating stations shall be
7 assessed based upon its fair cash value and without regard to
8 Section 10-232 or subsection (a) of this Section.
9 (35 ILCS 200/10-233 new)
10 Sec. 10-233. Expedited assessment and appeal.
11 (a) On or before January 15, 2001 and on or before
12 January 15 in each year thereafter, the assessor, in person
13 or by deputy, shall actually view and determine as near as
14 practicable the value of the property at each electric
15 generating station in the assessor's jurisdiction according
16 to this Division and shall certify to the chief county
17 assessment officer the amount of the assessment. On or
18 before February 1 of each year, the chief county assessment
19 officer shall review the assessor's certification as may be
20 necessary and proper and on or before February 15 shall
21 notify the taxpayer of the assessment by mail and by
22 publication in one or more newspapers of general circulation
23 in each township or assessment district in which the property
24 is located. At the top of the assessment there shall be a
25 notice in substantially the following form printed in type no
26 smaller than 11 point:
27 "NOTICE TO ELECTRIC GENERATING STATION TAXPAYERS".
28 The mailed notice shall be sent to the address of the
29 taxpayer as it appears in the assessor's records. If the
30 property at any electric generating station is not assessed
31 on or before February 1, then the assessment shall be deemed
32 to have been set by the chief county assessment officer at
33 100% of the prior year's assessment.
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1 (b) Complaints that an electric generating station is
2 overassessed or underassessed shall be filed with the board
3 of review on or before March 1. In the event the board of
4 review for the prior year is in session, the board shall act
5 on any complaints that are filed in accordance with this
6 subsection (b). In the event there is no board of review in
7 session, the chief county assessment officer shall either
8 recall the prior year's board of review or convene the
9 current year's board of review so that the complaints may be
10 heard and acted upon. The board of review shall notify,
11 within 5 calendar days, the taxpayer and any taxing body in
12 which such electric generating station is situated of receipt
13 of the complaint and the date and time for hearing thereon.
14 Not later than April 1, the board shall review the assessment
15 and correct it, as appears to be just under the terms of this
16 Division, or allow the assessment to stand. If the board
17 does not issue its decision on the complaint by April 1, then
18 the complaint shall be deemed denied and the taxpayer and any
19 taxing body shall have the right to appeal to the Property
20 Tax Appeal Board according to subsection (c). After April 1,
21 the board of review shall have no authority to revise the
22 assessment of an electric generating station for that
23 assessment year.
24 (c) Any taxpayer dissatisfied with the decision of a
25 board of review as the decision pertains to the assessment of
26 his or her property at an electric generating station or any
27 taxing body in which such electric generating station is
28 situated may, before May 1, appeal the decision to the
29 Property Tax Appeal Board for review.
30 (d) Upon receipt of a petition complaining of the
31 assessment of an electric generating station with an assessed
32 valuation in excess of $20,000,000 or a petition complaining
33 that the assessment of an electric generating station should
34 be set in excess of $20,000,000:
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1 (1) the Property Tax Appeal Board shall, within 10
2 calendar days, set the matter for a pre-hearing
3 conference not later than June 15 and provide notice of
4 the date of the pre-hearing conference and a copy of the
5 petition to the appellant, the taxpayer if other than the
6 appellant, the board of review whose decision is being
7 appealed and the State's Attorney of that county;
8 (2) notice to all taxing bodies in which such
9 electric generating station is situated shall be deemed
10 to be given when served upon the board of review whose
11 decision is being appealed;
12 (3) the board of review shall, within 5 calendar
13 days of the receipt of the notice and petition from the
14 Property Tax Appeal Board, mail an additional copy of the
15 notice and petition on all taxing bodies as shown on the
16 last available tax bill;
17 (4) the Property Tax Appeal Board shall consider
18 the appeal de novo and shall issue a decision not later
19 than February 1 of the year following the assessment
20 year; and
21 (5) the assessment determined by the Property Tax
22 Appeal Board shall be used as the assessment of the
23 electric generating station for the calculation and
24 extension of taxes notwithstanding the filing of any
25 petition for administrative review.
26 (35 ILCS 200/10-233.5 new)
27 Sec. 10-233.5. Exclusions. The provisions of Sections
28 10-231, 10-232, 10-232.5, 10-233, and 10-233.6 do not apply
29 to nuclear and non-nuclear electric generating stations in
30 counties with a population of more than 3,000,000
31 inhabitants.
32 (35 ILCS 200/10-233.6 new)
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1 Sec. 10-233.6. Applicability. To the extent that
2 Sections 10-231, 10-232, 10-232.5, and 10-233 are in conflict
3 with other provisions of the Property Tax Code, the
4 provisions of Sections 10-231, 10-232, 10-232.5, and 10-233
5 control.
6 (35 ILCS 200/10-234 new)
7 Sec. 10-234. Inseverability. The provisions of this
8 amendatory Act of the 91st General Assembly are mutually
9 dependent and inseverable. If any provision is held invalid
10 other than as applied to a particular person or circumstance,
11 then this entire amendatory Act is invalid.
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.".