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| 1 | AN ACT concerning revenue.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Property Tax Code is amended by changing | |||||||||||||||||||
| 5 | Section 1-130 as follows:
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| 6 | (35 ILCS 200/1-130)
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| 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 | |||||||||||||||||||
| 17 | Internal Revenue Code, 26 U.S.C. 42. Buildings, structures,
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| 18 | and improvements that are not permanently attached to the land
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| 19 | are not considered property for the purposes of this Code.
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| 20 | (b) Notwithstanding any other provision of law, mobile | |||||||||||||||||||
| 21 | homes and manufactured homes that (i) are located outside of | |||||||||||||||||||
| 22 | mobile home parks and (ii) are taxed under the Mobile Home | |||||||||||||||||||
| 23 | Local Services Tax Act on the effective date of this | |||||||||||||||||||
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| 1 | amendatory Act of the 96th General Assembly shall continue to | ||||||
| 2 | be taxed under the Mobile Home Local Services Tax Act and shall | ||||||
| 3 | not be assessed and taxed as real property until the home is | ||||||
| 4 | sold or transferred or until the home is relocated to a | ||||||
| 5 | different parcel of land outside of a mobile home park. If a | ||||||
| 6 | mobile home or manufactured home described in this subsection | ||||||
| 7 | (b) is sold, transferred, or relocated to a different parcel | ||||||
| 8 | of land outside of a mobile home park, then the home shall be | ||||||
| 9 | assessed and taxed as real property whether or not that mobile | ||||||
| 10 | home or manufactured home is affixed to a permanent | ||||||
| 11 | foundation, as defined in Section 5-5 of the Conveyance and | ||||||
| 12 | Encumbrance of Manufactured Homes as Real Property and | ||||||
| 13 | Severance Act, or installed on a permanent foundation, and | ||||||
| 14 | whether or not such mobile home or manufactured home is real | ||||||
| 15 | property as defined in Section 5-35 of the Conveyance and | ||||||
| 16 | Encumbrance of Manufactured Homes as Real Property and | ||||||
| 17 | Severance Act. Mobile homes and manufactured homes that are | ||||||
| 18 | located outside of mobile home parks and assessed and taxed as | ||||||
| 19 | real property on the effective date of this amendatory Act of | ||||||
| 20 | the 96th General Assembly shall continue to be assessed and | ||||||
| 21 | taxed as real property whether or not those mobile homes or | ||||||
| 22 | manufactured homes are affixed to a permanent foundation as | ||||||
| 23 | defined in the Conveyance and Encumbrance of Manufactured | ||||||
| 24 | Homes as Real Property and Severance Act or installed on | ||||||
| 25 | permanent foundations and whether or not those mobile homes or | ||||||
| 26 | manufactured homes are real property as defined in the | ||||||
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| 1 | Conveyance and Encumbrance of Manufactured Homes as Real | ||||||
| 2 | Property and Severance Act. If a mobile or manufactured home | ||||||
| 3 | that is located outside of a mobile home park is relocated to a | ||||||
| 4 | mobile home park, it must be considered chattel and must be | ||||||
| 5 | taxed according to the Mobile Home Local Services Tax Act. The | ||||||
| 6 | owner of a mobile home or manufactured home that is located | ||||||
| 7 | outside of a mobile home park may file a request with the chief | ||||||
| 8 | county assessment officer that the home be taxed as real | ||||||
| 9 | property. | ||||||
| 10 | (c) Mobile homes and manufactured homes that are located | ||||||
| 11 | in mobile home parks must be taxed according to the Mobile Home | ||||||
| 12 | Local Services Tax Act. | ||||||
| 13 | (d) If the provisions of this Section conflict with the | ||||||
| 14 | Illinois Manufactured Housing and Mobile Home Safety Act, the | ||||||
| 15 | Mobile Home Local Services Tax Act, the Mobile Home Park Act, | ||||||
| 16 | or any other provision of law with respect to the taxation of | ||||||
| 17 | mobile homes or manufactured homes located outside of mobile | ||||||
| 18 | home parks, the provisions of this Section shall control. | ||||||
| 19 | (e) Spent fuel pools and dry cask storage systems in which | ||||||
| 20 | nuclear fuel is stored and is pending further or final | ||||||
| 21 | disposal from a nuclear power plant that was decommissioned | ||||||
| 22 | before January 1, 2021 shall be considered real property and | ||||||
| 23 | be assessable. The chief county assessment officer shall | ||||||
| 24 | assess such property based on a national evaluation of the | ||||||
| 25 | effective value per pound of spent nuclear fuel, calculated by | ||||||
| 26 | examining assessments or PILOT agreements and documented | ||||||
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| 1 | pounds of spent nuclear fuel, at nuclear power plants where | ||||||
| 2 | such property is similarly considered real property. | ||||||
| 3 | (Source: P.A. 102-662, eff. 9-15-21.)
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| 4 | Section 99. Effective date. This Act takes effect upon | ||||||
| 5 | becoming law.
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