093_SB0334

 
                                     LRB093 04314 SJM 04361 b

 1        AN ACT concerning taxes.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 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.  The  land  itself,  with  all  things  contained
 9    therein, and also all buildings, structures and improvements,
10    and other permanent fixtures thereon, including all oil, gas,
11    coal  and  other minerals in the land and the right to remove
12    oil, gas and other minerals, excluding coal, from  the  land,
13    and   all  rights  and  privileges  belonging  or  pertaining
14    thereto, except  where  otherwise  specified  by  this  Code.
15    Included therein is any vehicle or similar portable structure
16    used  or  so  constructed  as to permit its use as a dwelling
17    place, if the structure is resting in whole  on  a  permanent
18    foundation.  Not  included therein are low-income housing tax
19    credits authorized by Section  42  of  the  Internal  Revenue
20    Code, 26 U.S.C. 42.
21        As used in this Section, "permanent foundation" means any
22    structure  or  device  that transfers the weight of any other
23    structure to the earth.
24    (Source: P.A. 91-502, eff. 8-13-99.)

25        Section 10.  The Mobile Home Local Services  Tax  Act  is
26    amended by changing Section 1 as follows:

27        (35 ILCS 515/1) (from Ch. 120, par. 1201)
28        Sec.  1.  As  used  in  this  Act,  "mobile home" means a
29    factory assembled structure designed for permanent habitation
 
                            -2-      LRB093 04314 SJM 04361 b
 1    and so constructed as to  permit  its  transport  on  wheels,
 2    temporarily  or  permanently  attached to its frame, from the
 3    place of its construction  to  the  location,  or  subsequent
 4    locations, and placement on a temporary foundation consisting
 5    of  the  wheels and leveling devices, at which it is intended
 6    to be a permanent habitation, and situated so  as  to  permit
 7    the  occupancy  thereof  as  a dwelling place for one or more
 8    persons. All  such  structures  that  are  not  placed  on  a
 9    temporary   foundation  consisting  of  wheels  and  leveling
10    devices shall be construed to rest, provided  that  any  such
11    structure  resting  in  whole  on a permanent foundation and,
12    with  wheels,  tongue  and  hitch  removed  at  the  time  of
13    registration provided for in Section 4 of this Act, shall not
14    be construed as a "mobile home", but shall  be  assessed  and
15    taxed  as  real  property  as defined by Section 1-130 of the
16    Property Tax Code and shall not be subject to Section 24-5 of
17    the Property Tax Code. Mobile homes owned by a corporation or
18    partnership and on which personal property taxes are paid  as
19    required  under  the Revenue Act of 1939 shall not be subject
20    to this tax. Mobile homes  located  on  a  dealer's  lot  for
21    resale  purposes or as an office shall not be subject to this
22    tax.
23    (Source: P.A. 88-670, eff. 12-2-94.)

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