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90_SB0512
35 ILCS 200/1-130
Amends the Property Tax Code to provide that
determinations as to whether items are real or personal
property shall be made according to legal precedents and
rules in effect before the adoption of the 1970 Illinois
Constitution.
LRB9003094KDks
LRB9003094KDks
1 AN ACT to amend the Property Tax Code by changing Section
2 1-130.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Property Tax Code is amended by changing
6 Section 1-130 as follows:
7 (35 ILCS 200/1-130)
8 Sec. 1-130. Property; real property; real estate; land;
9 tract; lot. The land itself, with all things contained
10 therein, and also all buildings, structures and improvements,
11 and other permanent fixtures thereon, including all oil, gas,
12 coal and other minerals in the land and the right to remove
13 oil, gas and other minerals, excluding coal, from the land,
14 and all rights and privileges belonging or pertaining
15 thereto, except where otherwise specified by this Code.
16 Included therein is any vehicle or similar portable structure
17 used or so constructed as to permit its use as a dwelling
18 place, if the structure is resting in whole on a permanent
19 foundation.
20 In order to insure that the abolition of ad valorem
21 personal property taxation required by Article IX of the
22 Illinois Constitution is equitably implemented, the
23 determination as to whether an item is real or personal
24 property shall be made in accordance with legal precedent
25 regarding ad valorem taxation rendered before 1970 and
26 administrative rules, regulations, and forms issued by the
27 Department of Revenue or its predecessors in effect before
28 the adoption of the 1970 Illinois Constitution, so that the
29 types of property which were considered personal property for
30 purposes of taxation before 1970 will remain personal
31 property, and the types of property which were considered
-2- LRB9003094KDks
1 real property for purposes of taxation before 1970 will
2 remain real property. This amendatory Act of 1997 does not
3 modify or supercede any of the provisions of Section 24-5;
4 nor does this amendatory Act of 1997 affect, in any way, any
5 property tax dispute in litigation as of the effective date
6 of this amendatory Act of 1997.
7 (Source: P.A. 86-1481; 87-877; 88-455.)