Full Text of SB2271 101st General Assembly
SB2271 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2271 Introduced 10/28/2019, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: |
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Amends the Property Tax Code. Provides that buildings, structures, and improvements that are not permanently attached to the land are not considered property for the purposes of the Code.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | SB2271 | | LRB101 12907 HLH 61742 b |
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| 1 | | AN ACT concerning revenue.
| 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. | 9 | | (a) The land
itself, with all things contained therein, and | 10 | | 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, and | 18 | | improvements that are not permanently attached to the land are | 19 | | not considered property for the purposes of this Code.
| 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 amendatory |
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| 1 | | Act of the 96th General Assembly shall continue to be taxed | 2 | | under the Mobile Home Local Services Tax Act and shall not be | 3 | | assessed and taxed as real property until the home is sold or | 4 | | transferred or until the home is relocated to a different | 5 | | parcel of land outside of a mobile home park. If a mobile home | 6 | | or manufactured home described in this subsection (b) is sold, | 7 | | transferred, or relocated to a different parcel of land outside | 8 | | of a mobile home park, then the home shall be assessed and | 9 | | taxed as real property whether or not that mobile home or | 10 | | manufactured home is affixed to a permanent foundation, as | 11 | | defined in Section 5-5 of the Conveyance and Encumbrance of | 12 | | Manufactured Homes as Real Property and Severance Act, or | 13 | | installed on a permanent foundation, and whether or not such | 14 | | mobile home or manufactured home is real property as defined in | 15 | | Section 5-35 of the Conveyance and Encumbrance of Manufactured | 16 | | Homes as Real Property and Severance Act. Mobile homes and | 17 | | manufactured homes that are located outside of mobile home | 18 | | parks and assessed and taxed as real property on the effective | 19 | | date of this amendatory Act of the 96th General Assembly shall | 20 | | continue to be assessed and taxed as real property whether or | 21 | | not those mobile homes or manufactured homes are affixed to a | 22 | | permanent foundation as defined in the Conveyance and | 23 | | Encumbrance of Manufactured Homes as Real Property and | 24 | | Severance Act or installed on permanent foundations and whether | 25 | | or not those mobile homes or manufactured homes are real | 26 | | property as defined in the Conveyance and Encumbrance of |
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| 1 | | Manufactured Homes as Real Property and Severance Act. If a | 2 | | mobile or manufactured home that is located outside of a mobile | 3 | | home park is relocated to a mobile home park, it must be | 4 | | considered chattel and must be taxed according to the Mobile | 5 | | Home Local Services Tax Act. The owner of a mobile home or | 6 | | manufactured home that is located outside of a mobile home park | 7 | | may file a request with the chief county assessment officer | 8 | | that the home be taxed as real property. | 9 | | (c) Mobile homes and manufactured homes that are located in | 10 | | mobile home parks must be taxed according to the Mobile Home | 11 | | Local Services Tax Act. | 12 | | (d) If the provisions of this Section conflict with the | 13 | | Illinois Manufactured Housing and Mobile Home Safety Act, the | 14 | | Mobile Home Local Services Tax Act, the Mobile Home Park Act, | 15 | | or any other provision of law with respect to the taxation of | 16 | | mobile homes or manufactured homes located outside of mobile | 17 | | home parks, the provisions of this Section shall control. | 18 | | (Source: P.A. 98-749, eff. 7-16-14.)
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