HB2865ham001 98TH GENERAL ASSEMBLY

Rep. Jil Tracy

Filed: 3/19/2013

09800HB2865ham001 LRB098 05664 OMW 42903 a

AMENDMENT TO HOUSE BILL 2865

AMENDMENT NO. ______. Amend House Bill 2865 by replacing everything after the enacting clause with the following:

"Section 5. The Property Tax Code is amended by changing Section 9-200 and adding 15-190 as follows:

(35 ILCS 200/9-200)

Sec. 9-200. Previously exempt property.

(a) Generally. Property that is purchased, granted, taken or otherwise transferred from a use exempt from taxation under this Code to a use not so exempt shall be subject to taxation from the date of change of use, purchase or conveyance. In those cases the county collector may issue a tax bill to the person holding title to the property for that part of the year during which it was not exempt, and may accept payment of the bill as full and final settlement of tax liability for that year.

(b) Drainage district. State highways, streets, and alleys located within a drainage district under the Illinois Drainage Code previously exempt from taxation under this Code shall be subject to taxation from the effective date of this amendatory Act of the 98th General Assembly by the drainage district in which they are located.

(Source: P.A. 86-1481; 88-455.)

(35 ILCS 200/15-190 new)

Sec. 15-190. State highways, streets, and alleys within a drainage district. Notwithstanding any other provision of this Article, land used for State highways, streets, and alleys shall be taxable under the Illinois Drainage Code.

Section 10. The Illinois Drainage Code is amended by changing Section 5-2 as follows:

(70 ILCS 605/5-2) (from Ch. 42, par. 5-2)

Sec. 5-2. Original assessments - Property subject to assessment. Upon the Organization of the district, the commissioners shall proceed to make out their assessment roll of benefits, damages and compensation, and they shall include therein all lands, lots, railroads, and other property within the district, including State highways, streets, and alleys, other than public highways, streets and alleys, which, in their opinion, will be benefited, taken or damaged by the proposed work. Whenever another district or a municipal corporation exercising drainage powers has been made a party to the proceedings to organize the district, then the commissioners shall also include such other district or municipal corporation in their assessment roll.

(Source: P.A. 83-726.)

Section 15. The Rivers, Lakes, and Streams Act is amended by adding Section 40 as follows:

(615 ILCS 5/40 new)

Sec. 40. Department requirements. Notwithstanding any other provision of law, the Department shall require the following:

(a) with respect to the Department's permit process for levee improvements, the Department shall provide notice of submissions and a detailed timeline for review the submitter within 90 days;

(b) with respect to Department standards for construction in rural areas, the Department shall permit a water surface profile increase of 0.5 feet;

(c) with respect to Department standards for construction in urban areas, the Department shall permit a water surface profile increase of 0.1 feet; and

(d) with respect to mitigation analysis, a mitigation analysis shall only be performed if a water surface profile increase of 0.5 feet in rural areas, or of 0.1 in urban areas, exceeds an induced head study.

Section 99. Effective date. This Act takes effect upon becoming law.".