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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_SB1276ham001
LRB91009382SMsbam
1 AMENDMENT TO SENATE BILL 1276
2 AMENDMENT NO. . Amend Senate Bill 1276 by replacing
3 the title with the following:
4 "AN ACT in relation to taxation."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Property Tax Code is amended by changing
8 Section 9-45 and adding Sections 10-231, 10-232, 10-233,
9 10-233.5, 10-233.6, and 10-234 as follows:
10 (35 ILCS 200/9-45)
11 Sec. 9-45. Property index number system. The county
12 clerk in counties of 3,000,000 or more inhabitants and,
13 subject to the approval of the county board, the chief county
14 assessment officer or recorder, in counties of less than
15 3,000,000 inhabitants, may establish a property index number
16 system under which property may be listed for purposes of
17 assessment, collection of taxes or automation of the office
18 of the recorder. The system may be adopted in addition to, or
19 instead of, the method of listing by legal description as
20 provided in Section 9-40. The system shall describe property
21 by township, section, block, and parcel or lot, and may
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1 cross-reference the street or post office address, if any,
2 and street code number, if any. The county clerk, county
3 treasurer, chief county assessment officer or recorder may
4 establish and maintain cross indexes of numbers assigned
5 under the system with the complete legal description of the
6 properties to which the numbers relate. Index numbers shall
7 be assigned by the county clerk in counties of 3,000,000 or
8 more inhabitants, and, at the direction of the county board
9 in counties with less than 3,000,000 inhabitants, shall be
10 assigned by the chief county assessment officer or recorder.
11 Tax maps of the county clerk, county treasurer or chief
12 county assessment officer shall carry those numbers. The
13 indexes shall be open to public inspection and be made
14 available to the public. Any property index number system
15 established prior to the effective date of this Code shall
16 remain valid. However, in counties with less than 3,000,000
17 inhabitants, the system may be transferred to another
18 authority upon the approval of the county board.
19 Any real property used for a power generating or
20 automotive manufacturing facility located within a county of
21 less than 1,000,000 inhabitants, as to which litigation with
22 respect to its assessed valuation or taxation is pending or
23 was pending as of January 1, 1993, may be the subject of a
24 real property tax assessment settlement agreement among the
25 taxpayer and taxing districts in which it is situated. Other
26 appropriate authorities, which may include county and State
27 boards or officials, may also be parties to such an
28 agreement. Such an agreement may include the assessment of
29 the facility for any years in dispute as well as for up to 10
30 years in the future. Such an agreement may provide for the
31 settlement of issues relating to the assessed value of the
32 facility and may provide for related payments, refunds,
33 claims, credits against taxes and liabilities in respect to
34 past and future taxes of taxing districts, including any fund
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1 created under Section 20-35 of this Act, all implementing the
2 settlement agreement. Any such agreement may provide that
3 parties thereto agree not to challenge assessments as
4 provided in the agreement. An agreement entered into on or
5 after January 1, 1993 may provide for the classification of
6 property that is the subject of the agreement as real or
7 personal during the term of the agreement and thereafter. It
8 may also provide that taxing districts agree to reimburse the
9 taxpayer for amounts paid by the taxpayer in respect to taxes
10 for the real property which is the subject of the agreement
11 to the extent levied by those respective districts, over and
12 above amounts which would be due if the facility were to be
13 assessed as provided in the agreement. Such reimbursement
14 may be provided in the agreement to be made by credit against
15 taxes of the taxpayer. No credits shall be applied against
16 taxes levied with respect to debt service or lease payments
17 of a taxing district. No referendum approval or
18 appropriation shall be required for such an agreement or such
19 credits and any such obligation shall not constitute
20 indebtedness of the taxing district for purposes of any
21 statutory limitation. The county collector shall treat
22 credited amounts as if they had been received by the
23 collector as taxes paid by the taxpayer and as if remitted to
24 the district. A county treasurer who is a party to such an
25 agreement may agree to hold amounts paid in escrow as
26 provided in the agreement for possible use for paying taxes
27 until conditions of the agreement are met and then to apply
28 these amounts as provided in the agreement. No such
29 settlement agreement shall be effective unless it shall have
30 been approved by the court in which such litigation is
31 pending. Any such agreement which has been entered into
32 prior to adoption of this amendatory Act of 1988 and which is
33 contingent upon enactment of authorizing legislation shall be
34 binding and enforceable.
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1 (Source: P.A. 88-455; 88-535; 88-670, eff. 12-2-94.)
2 (35 ILCS 200/10-231 new)
3 Sec. 10-231. Definitions. As used in this Division,
4 unless the context otherwise requires:
5 "Electric generating station" means a station constructed
6 and designed to generate electricity and that was owned, as
7 of November 1, 1997, by an electric utility as defined in
8 Section 16-102 of the Public Utilities Act.
9 "Non-nuclear electric generating station" means an
10 electric generating station other than an electric generating
11 station that generates electricity using the fission of
12 uranium.
13 "Transition period" means the period beginning on January
14 1, 2001 and ending on December 31, 2005.
15 (35 ILCS 200/10-232 new)
16 Sec. 10-232. Assessment of electric generating stations.
17 During the transition period, the real property assessment
18 with respect to a non-nuclear electric generating station is
19 as follows:
20 (1) if there is a settlement agreement entered into
21 under Section 9-45 that provides for the assessment of
22 the non-nuclear electric generating station's real
23 property for that year, the assessment provided for in
24 the agreement; or
25 (2) if there is no settlement agreement entered
26 into under Section 9-45 that provides for the assessment
27 of the non-nuclear electric generating station's real
28 property for that year, then 33 1/3% of the fair cash
29 value of the real property, but in no event shall (i) the
30 assessment for assessment year 2001 increase over or
31 decrease from the assessment for assessment year 1999 by
32 more than 20% or (ii) the assessment for assessment years
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1 2002 through 2005 increase over or decrease from the
2 assessment for the prior assessment year by more than
3 20%.
4 (35 ILCS 200/10-233 new)
5 Sec. 10-233. Assessment during and after the transition
6 period.
7 (a) During the transition period, the assessed valuation
8 of a non-nuclear electric generating station's real property
9 is not subject to application of any equalization factor set
10 by the Department of Revenue or local assessment officers.
11 During this period, the equalized assessed valuation of the
12 real property of a non-nuclear electric generating station
13 shall be the same as its assessed valuation.
14 (b) For the 2006 assessment year and thereafter, the
15 property of all non-nuclear electric generating stations
16 shall be assessed based upon its fair cash value and without
17 regard to Section 10-232 or subsection (a) of this Section.
18 (35 ILCS 200/10-233.5 new)
19 Sec. 10-233.5. Exclusions. The provisions of Sections
20 10-231, 10-232, 10-233, and 10-233.6 do not apply to
21 non-nuclear electric generating stations in counties with a
22 population of more than 3,000,000 inhabitants.
23 (35 ILCS 200/10-233.6 new)
24 Sec. 10-233.6. Applicability. To the extent that
25 Sections 10-231, 10-232, and 10-233 are in conflict with
26 other provisions of the Property Tax Code, the provisions of
27 Sections 10-231, 10-232, and 10-233 control.
28 (35 ILCS 200/10-234 new)
29 Sec. 10-234. Inseverability. The provisions of this
30 amendatory Act of the 91st General Assembly are mutually
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1 dependent and inseverable. If any provision is held invalid
2 other than as applied to a particular person or circumstance,
3 then this entire amendatory Act is invalid.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.".