Illinois 2023-2024 Regular Session

Illinois House Bill HB2316 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2316 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 35 ILCS 200/9-45 35 ILCS 200/11-15 Amends the Property Tax Code. Provides that property that is used for a petroleum refinery may be the subject of a real property tax assessment settlement agreement among the taxpayer and taxing districts in which the property is situated. Makes changes concerning the valuation of pollution control facilities. Effective immediately. LRB103 26366 HLH 52728 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2316 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 35 ILCS 200/9-45 35 ILCS 200/11-15 35 ILCS 200/9-45 35 ILCS 200/11-15 Amends the Property Tax Code. Provides that property that is used for a petroleum refinery may be the subject of a real property tax assessment settlement agreement among the taxpayer and taxing districts in which the property is situated. Makes changes concerning the valuation of pollution control facilities. Effective immediately. LRB103 26366 HLH 52728 b LRB103 26366 HLH 52728 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2316 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
3	3	35 ILCS 200/9-45 35 ILCS 200/11-15 35 ILCS 200/9-45 35 ILCS 200/11-15
4	4	35 ILCS 200/9-45
5	5	35 ILCS 200/11-15
6	6	Amends the Property Tax Code. Provides that property that is used for a petroleum refinery may be the subject of a real property tax assessment settlement agreement among the taxpayer and taxing districts in which the property is situated. Makes changes concerning the valuation of pollution control facilities. Effective immediately.
7	7	LRB103 26366 HLH 52728 b LRB103 26366 HLH 52728 b
8	8	LRB103 26366 HLH 52728 b
9	9	A BILL FOR
10	10	HB2316LRB103 26366 HLH 52728 b HB2316 LRB103 26366 HLH 52728 b
11	11	HB2316 LRB103 26366 HLH 52728 b
12	12	1 AN ACT concerning revenue.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Property Tax Code is amended by changing
16	16	5 Sections 9-45 and 11-15 as follows:
17	17	6 (35 ILCS 200/9-45)
18	18	7 Sec. 9-45. Property index number system. The county clerk
19	19	8 in counties of 3,000,000 or more inhabitants and, subject to
20	20	9 the approval of the county board, the chief county assessment
21	21	10 officer or recorder, in counties of less than 3,000,000
22	22	11 inhabitants, may establish a property index number system
23	23	12 under which property may be listed for purposes of assessment,
24	24	13 collection of taxes or automation of the office of the
25	25	14 recorder. The system may be adopted in addition to, or instead
26	26	15 of, the method of listing by legal description as provided in
27	27	16 Section 9-40. The system shall describe property by township,
28	28	17 section, block, and parcel or lot, and may cross-reference the
29	29	18 street or post office address, if any, and street code number,
30	30	19 if any. The county clerk, county treasurer, chief county
31	31	20 assessment officer or recorder may establish and maintain
32	32	21 cross indexes of numbers assigned under the system with the
33	33	22 complete legal description of the properties to which the
34	34	23 numbers relate. Index numbers shall be assigned by the county
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2316 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
39	39	35 ILCS 200/9-45 35 ILCS 200/11-15 35 ILCS 200/9-45 35 ILCS 200/11-15
40	40	35 ILCS 200/9-45
41	41	35 ILCS 200/11-15
42	42	Amends the Property Tax Code. Provides that property that is used for a petroleum refinery may be the subject of a real property tax assessment settlement agreement among the taxpayer and taxing districts in which the property is situated. Makes changes concerning the valuation of pollution control facilities. Effective immediately.
43	43	LRB103 26366 HLH 52728 b LRB103 26366 HLH 52728 b
44	44	LRB103 26366 HLH 52728 b
45	45	A BILL FOR
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51	51	35 ILCS 200/9-45
52	52	35 ILCS 200/11-15
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71	71	1 clerk in counties of 3,000,000 or more inhabitants, and, at
72	72	2 the direction of the county board in counties with less than
73	73	3 3,000,000 inhabitants, shall be assigned by the chief county
74	74	4 assessment officer or recorder. Tax maps of the county clerk,
75	75	5 county treasurer or chief county assessment officer shall
76	76	6 carry those numbers. The indexes shall be open to public
77	77	7 inspection and be made available to the public. Any property
78	78	8 index number system established prior to the effective date of
79	79	9 this Code shall remain valid. However, in counties with less
80	80	10 than 3,000,000 inhabitants, the system may be transferred to
81	81	11 another authority upon the approval of the county board.
82	82	12 Any real property used for a power generating or
83	83	13 automotive manufacturing facility located within a county of
84	84	14 less than 1,000,000 inhabitants, as to which litigation with
85	85	15 respect to its assessed valuation is pending or was pending as
86	86	16 of January 1, 1993, may be the subject of a real property tax
87	87	17 assessment settlement agreement among the taxpayer and taxing
88	88	18 districts in which it is situated. In addition, any real
89	89	19 property that is located in a county with fewer than 1,000,000
90	90	20 inhabitants and (i) is used for natural gas extraction and
91	91	21 fractionation or olefin and polymer manufacturing or (ii) is
92	92	22 used for a petroleum refinery and (ii) located within a county
93	93	23 of less than 1,000,000 inhabitants may be the subject of a real
94	94	24 property tax assessment settlement agreement among the
95	95	25 taxpayer and taxing districts in which the property is
96	96	26 situated if litigation is or was pending as to its assessed
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107	107	1 valuation as of January 1, 2003 or thereafter. Other
108	108	2 appropriate authorities, which may include county and State
109	109	3 boards or officials, may also be parties to such agreements.
110	110	4 Such agreements may include the assessment of the facility or
111	111	5 property for any years in dispute as well as for up to 10 years
112	112	6 in the future. Such agreements may provide for the settlement
113	113	7 of issues relating to the assessed value of the facility and
114	114	8 may provide for related payments, refunds, claims, credits
115	115	9 against taxes and liabilities in respect to past and future
116	116	10 taxes of taxing districts, including any fund created under
117	117	11 Section 20-35 of this Act, all implementing the settlement
118	118	12 agreement. Any such agreement may provide that parties thereto
119	119	13 agree not to challenge assessments as provided in the
120	120	14 agreement. An agreement entered into on or after January 1,
121	121	15 1993 may provide for the classification of property that is
122	122	16 the subject of the agreement as real or personal during the
123	123	17 term of the agreement and thereafter. It may also provide that
124	124	18 taxing districts agree to reimburse the taxpayer for amounts
125	125	19 paid by the taxpayer in respect to taxes for the real property
126	126	20 which is the subject of the agreement to the extent levied by
127	127	21 those respective districts, over and above amounts which would
128	128	22 be due if the facility were to be assessed as provided in the
129	129	23 agreement. Such reimbursement may be provided in the agreement
130	130	24 to be made by credit against taxes of the taxpayer. No credits
131	131	25 shall be applied against taxes levied with respect to debt
132	132	26 service or lease payments of a taxing district. No referendum
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143	143	1 approval or appropriation shall be required for such an
144	144	2 agreement or such credits and any such obligation shall not
145	145	3 constitute indebtedness of the taxing district for purposes of
146	146	4 any statutory limitation. The county collector shall treat
147	147	5 credited amounts as if they had been received by the collector
148	148	6 as taxes paid by the taxpayer and as if remitted to the
149	149	7 district. A county treasurer who is a party to such an
150	150	8 agreement may agree to hold amounts paid in escrow as provided
151	151	9 in the agreement for possible use for paying taxes until
152	152	10 conditions of the agreement are met and then to apply these
153	153	11 amounts as provided in the agreement. No such settlement
154	154	12 agreement shall be effective unless it shall have been
155	155	13 approved by the court in which such litigation is pending. Any
156	156	14 such agreement which has been entered into prior to adoption
157	157	15 of this amendatory Act of 1988 and which is contingent upon
158	158	16 enactment of authorizing legislation shall be binding and
159	159	17 enforceable.
160	160	18 (Source: P.A. 96-609, eff. 8-24-09.)
161	161	19 (35 ILCS 200/11-15)
162	162	20 Sec. 11-15. Method of valuation for pollution control
163	163	21 facilities. To determine 33 1/3% of the fair cash value of any
164	164	22 certified pollution control device facilities in assessing
165	165	23 those facilities, the Department shall determine the take into
166	166	24 consideration the actual or probable net earnings attributable
167	167	25 to the facilities in question, capitalized on the basis of
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178	178	1 their productive earning value to their owner; the probable
179	179	2 net value that which could be realized by its their owner if
180	180	3 the facilities were removed and sold at a fair, voluntary
181	181	4 sale, giving due account to the expense of removal site
182	182	5 restoration, and transportation. The property's net value
183	183	6 shall be considered to be 33 1/3% of the fair cash value and
184	184	7 condition of the particular facilities in question; and other
185	185	8 information as the Department may consider as bearing on the
186	186	9 fair cash value of the facilities to their owner, consistent
187	187	10 with the principles set forth in this Section. For the
188	188	11 purposes of this Code, earnings shall be attributed to a
189	189	12 pollution control facility only to the extent that its
190	190	13 operation results in the production of a commercially saleable
191	191	14 by-product or increases the production or reduces the
192	192	15 production costs of the products or services otherwise sold by
193	193	16 the owner of such facility.
194	194	17 (Source: P.A. 83-121; 88-455.)
195	195	18 Section 99. Effective date. This Act takes effect upon
196	196	19 becoming law.
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