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Public Act 92-0278
SB298 Enrolled LRB9207589SMdv
AN ACT concerning taxation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by adding
Division 4 to Article 11 and by adding Sections 11-130,
11-135, 11-140, 11-145, 11-150, 11-155, 11-160, 11-165, and
11-170 as follows:
(35 ILCS 200/Art. 11, Div. 4 heading new)
DIVISION 4. REGIONAL WATER TREATMENT FACILITIES
(35 ILCS 200/11-130 new)
Sec. 11-130. Legislative findings. The General Assembly
finds that it is the policy of this State to ensure and
encourage the availability of safe potable water for our
cities, villages, towns, and rural residents and that it has
become increasingly difficult and cost prohibitive for
smaller cities, towns, and villages to construct, maintain,
or operate, to current standards, water treatment facilities.
It is the further finding of the General Assembly that
regional treatment facilities capable of supplying several
cities, villages, towns, public water districts, public water
commissions, and rural water companies with treated water
offer a viable economic solution to this concern and it
should be the policy of the State to encourage the
construction and operation of regional water treatment
facilities capable of providing treated, potable water to
cities, villages, towns, public water districts, public water
commissions, and rural water companies, thereby relieving the
burden on those entities and their citizens from constructing
and maintaining their own individual treatment facilities.
(35 ILCS 200/11-135 new)
Sec. 11-135. Definitions. For purposes of this Division
4:
"Department" means the Illinois Department of Revenue.
"Not for profit corporation" means an Illinois
corporation organized and existing under the General Not For
Profit Corporation Act of 1986 in good standing with the
State and having been granted status as an exempt
organization under Section 501(c) of the Internal Revenue
Code, or any successor or similar provision of the Internal
Revenue Code.
"Public water commission" means a water commission
organized and existing under Division 135 of Article 11 of
the Illinois Municipal Code.
"Public water district" means a water district organized
and existing under the Public Water District Act.
"Qualifying water treatment facility" means a water
treatment facility that is owned by a not for profit
corporation whose members consist exclusively of one or more
incorporated city, village, or town of this State, and any
number of public water districts, any number of public water
commissions, or any number of rural water companies and that
sells potable water to the corporation's members on a mutual
or cooperative and not for profit basis.
"Rural water company" means a not for profit corporation
whose primary purpose is to own, maintain, and operate a
potable water distribution system distributing water to
residences, farms, or businesses exclusively in the State of
Illinois and not otherwise served by any city, village, town,
public water district, or public water commission.
"Water treatment facility" means a plant or facility
whose primary function is to treat raw water and to produce
potable water for distribution, together with all other real
and personal property reasonably necessary to collect, treat,
or distribute the water.
(35 ILCS 200/11-140 new)
Sec. 11-140. Valuation policy. Qualifying water
treatment facilities shall be valued for purposes of
computing the assessed valuation on the basis of 33 1/3% of
the fair cash value.
(35 ILCS 200/11-145 new)
Sec. 11-145. Method of valuation for qualifying water
treatment facilities. To determine 33 1/3% of the fair cash
value of any qualifying water treatment facility in assessing
the facility, the Department shall take into consideration
the probable net value that could be realized by the owner if
the facility were removed and sold at a fair, voluntary sale,
giving due account to the expense of removal, site
restoration, and transportation. The net value shall be
considered to be 33 1/3% of fair cash value.
(35 ILCS 200/11-150 new)
Sec. 11-150. Exclusion of for-profit water treatment
facilities. In no event shall the valuation set forth in
this Division 4 be available to a water treatment facility
that sells water "for profit".
(35 ILCS 200/11-155 new)
Sec. 11-155. Certification and assessment authority.
For tax purposes, a qualifying water treatment facility shall
be certified as such by the Director of Natural Resources and
shall be assessed by the Department of Revenue.
(35 ILCS 200/11-160 new)
Sec. 11-160. Approval procedure. Application for
approval as a qualifying water treatment facility shall be
filed with the Department of Natural Resources in the manner
and form prescribed by the Director of National Resources.
The application shall contain appropriate and available
descriptive information concerning anything claimed to be
entitled to tax treatment as defined in this Division 4. If
it is found that the facility meets the definition, the
Director of Natural Resources, or his or her duly authorized
designee, shall enter a finding and issue a certificate that
requires tax treatment as a qualifying water treatment
facility. The effective date of a certificate shall be on
January 1 preceding the date of certification or preceding
the date construction or installation of the facility
commences, whichever is later.
(35 ILCS 200/11-165 new)
Sec. 11-165. Judicial review; qualifying water treatment
facilities. Any applicant or holder aggrieved by the
issuance, refusal to issue, denial, revocation, modification,
or restriction of a qualifying water treatment facility
certificate may appeal the finding and order of the
Department of Natural Resources under the Administrative
Review Law.
(35 ILCS 200/11-170 new)
Sec. 11-170. Procedures for assessment; qualifying
water treatment facilities. Proceedings for assessment or
reassessment of property certified to be a qualifying water
treatment facility shall be conducted in accordance with
procedural rules adopted by the Department, in conformity
with this Code.
Section 99. Effective date. This Act takes effect on
January 1, 2002.
Passed in the General Assembly May 15, 2001.
Approved August 07, 2001.
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