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91_SB0023ham002
LRB9100408PTpkam
1 AMENDMENT TO SENATE BILL 23
2 AMENDMENT NO. . Amend Senate Bill 23, AS AMENDED, by
3 replacing the title with the following:
4 "AN ACT in relation to the taxation of the real property
5 of electric generating stations."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The State Finance Act is amended by adding
9 Section 5.490 as follows:
10 (30 ILCS 105/5.490 new)
11 Sec. 5.490. The Nuclear Electric Generating Station
12 Fund.
13 Section 10. The Property Tax Code is amended by changing
14 Section 9-45 and adding Sections 10-232, 10-235, 10-240,
15 10-245, 10-250, 10-255, 10-260, 10-265, and 10-270 as
16 follows:
17 (35 ILCS 200/9-45)
18 Sec. 9-45. Property index number system. The county
19 clerk in counties of 3,000,000 or more inhabitants and,
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1 subject to the approval of the county board, the chief county
2 assessment officer or recorder, in counties of less than
3 3,000,000 inhabitants, may establish a property index number
4 system under which property may be listed for purposes of
5 assessment, collection of taxes or automation of the office
6 of the recorder. The system may be adopted in addition to, or
7 instead of, the method of listing by legal description as
8 provided in Section 9-40. The system shall describe property
9 by township, section, block, and parcel or lot, and may
10 cross-reference the street or post office address, if any,
11 and street code number, if any. The county clerk, county
12 treasurer, chief county assessment officer or recorder may
13 establish and maintain cross indexes of numbers assigned
14 under the system with the complete legal description of the
15 properties to which the numbers relate. Index numbers shall
16 be assigned by the county clerk in counties of 3,000,000 or
17 more inhabitants, and, at the direction of the county board
18 in counties with less than 3,000,000 inhabitants, shall be
19 assigned by the chief county assessment officer or recorder.
20 Tax maps of the county clerk, county treasurer or chief
21 county assessment officer shall carry those numbers. The
22 indexes shall be open to public inspection and be made
23 available to the public. Any property index number system
24 established prior to the effective date of this Code shall
25 remain valid. However, in counties with less than 3,000,000
26 inhabitants, the system may be transferred to another
27 authority upon the approval of the county board.
28 Any real property used for a power generating or
29 automotive manufacturing facility located within a county of
30 less than 1,000,000 inhabitants, as to which litigation with
31 respect to its assessed valuation or taxation is pending or
32 was pending as of January 1, 1993, may be the subject of a
33 real property tax assessment settlement agreement among the
34 taxpayer and taxing districts in which it is situated. Other
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1 appropriate authorities, which may include county and State
2 boards or officials, may also be parties to such an
3 agreement. Such an agreement may include the assessment of
4 the facility for any years in dispute as well as for up to 10
5 years in the future. Such an agreement may provide for the
6 settlement of issues relating to the assessed value of the
7 facility and may provide for related payments, refunds,
8 claims, credits against taxes and liabilities in respect to
9 past and future taxes of taxing districts, including any fund
10 created under Section 20-35 of this Act, all implementing the
11 settlement agreement. Any such agreement may provide that
12 parties thereto agree not to challenge assessments as
13 provided in the agreement. An agreement entered into on or
14 after January 1, 1993 may provide for the classification of
15 property that is the subject of the agreement as real or
16 personal during the term of the agreement and thereafter. It
17 may also provide that taxing districts agree to reimburse the
18 taxpayer for amounts paid by the taxpayer in respect to taxes
19 for the real property which is the subject of the agreement
20 to the extent levied by those respective districts, over and
21 above amounts which would be due if the facility were to be
22 assessed as provided in the agreement. Such reimbursement
23 may be provided in the agreement to be made by credit against
24 taxes of the taxpayer. No credits shall be applied against
25 taxes levied with respect to debt service or lease payments
26 of a taxing district. No referendum approval or
27 appropriation shall be required for such an agreement or such
28 credits and any such obligation shall not constitute
29 indebtedness of the taxing district for purposes of any
30 statutory limitation. The county collector shall treat
31 credited amounts as if they had been received by the
32 collector as taxes paid by the taxpayer and as if remitted to
33 the district. A county treasurer who is a party to such an
34 agreement may agree to hold amounts paid in escrow as
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1 provided in the agreement for possible use for paying taxes
2 until conditions of the agreement are met and then to apply
3 these amounts as provided in the agreement. No such
4 settlement agreement shall be effective unless it shall have
5 been approved by the court in which such litigation is
6 pending. Any such agreement which has been entered into
7 prior to adoption of this amendatory Act of 1988 and which is
8 contingent upon enactment of authorizing legislation shall be
9 binding and enforceable.
10 (Source: P.A. 88-455; 88-535; 88-670, eff. 12-2-94.)
11 (35 ILCS 200/10-232 new)
12 Sec. 10-232. Findings of the Electric Utility Property
13 Assessment Task Force; privileged statements.
14 (a) Pursuant to Section 10-230, the Electric Utility
15 Property Assessment Task Force was established to advise the
16 General Assembly with respect to the possible impact of the
17 Electric Service Customer Choice and Rate Relief Law of 1997
18 on the valuation of the real property component of electric
19 generating stations owned by electric utilities and,
20 therefore, on the taxing districts in this State in which the
21 electric generating stations are located. The Task Force,
22 appointed by the 4 legislative leaders of the General
23 Assembly, was comprised of representatives of taxing
24 districts and electric utilities and was chaired by the
25 President of the Taxpayers' Federation of Illinois. After
26 more than a year of extensive investigation, discussions, and
27 negotiations, including in-depth analyses, projections, and
28 reports by third party experts, the Task Force has determined
29 that taxing districts throughout this State with nuclear
30 electric generating stations located within their taxing
31 jurisdictions will experience significant sustained erosions
32 of their property tax bases and property tax revenues as a
33 result of the restructuring of the electric industry. As a
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1 result, the General Assembly has determined that a transition
2 period is needed that will enable the affected taxing
3 districts, their constituents, and the State as well as the
4 involved taxpayers to make gradual rather than precipitous
5 adjustments in assessments in the restructured environment
6 and to provide the market place with sufficient time to
7 establish the full cash value of nuclear electric generating
8 stations in the State.
9 (b) Statements made during Task Force meetings and
10 deliberations may not be introduced as evidence in any
11 judicial or administrative proceedings, and the statements
12 and reports of any person retained by the Task Force,
13 including outside experts, may not be introduced as evidence
14 in any judicial or administrative proceedings.
15 (35 ILCS 200/10-235 new)
16 Sec. 10-235. Definitions. As used in this Division,
17 unless the context otherwise requires:
18 "Base year assessment" means the lower of the 1998 or
19 1999 assessments of the real property, as set by the board of
20 review, of a nuclear electric generating station.
21 "Base year real estate percentage" means:
22 (1) in the case of a nuclear electric generating
23 station for which the taxpayer has entered into a
24 settlement agreement under Section 9-45 that sets forth a
25 percentage of the nuclear electric generating station
26 that is real property, the percentage set forth in the
27 agreement; or
28 (2) in the case of a nuclear electric generating
29 station for which the taxpayer has not entered into a
30 settlement agreement under Section 9-45 that sets forth a
31 percentage of the nuclear electric generating station
32 that is real property, then a percentage equal to a
33 fraction the numerator of which is the lower of the 1998
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1 or 1999 assessment of the real property of the nuclear
2 electric generating station as set by the board of review
3 and the denominator of which is one-third of the original
4 cost less depreciation of the nuclear electric generating
5 station as of 1998 or 1999, whichever is lower.
6 "Electric generating station" means a station constructed
7 and designed to generate electricity and that was owned, as
8 of November 1, 1997, by an electric utility as defined in
9 Section 16-102 of the Public Utilities Act.
10 "End-of-period assessment" means 33 1/3% of the
11 end-of-period calculated facility value multiplied by the
12 base year real estate percentage.
13 "End-of-period calculated facility value" of a nuclear
14 electric generating station means:
15 (1) for the Dresden nuclear electric generating
16 station, $200 per kilowatt of total installed capacity
17 reflected on FERC form 1;
18 (2) for the Quad Cities nuclear electric generating
19 station, $110 per kilowatt of total installed capacity
20 reflected on FERC form 1;
21 (3) for the LaSalle nuclear electric generating
22 station, $280 per kilowatt of total installed capacity
23 reflected on FERC form 1;
24 (4) for the Braidwood nuclear electric generating
25 station, $395 per kilowatt of total installed capacity as
26 reflected on FERC form 1;
27 (5) for the Byron nuclear electric generating
28 station, $395 per kilowatt of total installed capacity as
29 reflected on FERC form 1; and
30 (6) for the Clinton nuclear generating station,
31 $375 per kilowatt of total installed capacity reflected
32 on FERC form 1.
33 "Nuclear electric generating station" means an electric
34 generating station that generates electricity using the
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1 fission of uranium.
2 "Transition amount" means the difference between the base
3 year assessment and the end-of-period assessment.
4 "Transition period" means the period beginning on January
5 1, 2000 and ending on December 31, 2005.
6 "Permanently closed nuclear station" means a nuclear
7 electric generating station with respect to which either (i)
8 its owner has notified the Nuclear Regulatory Commission that
9 it intends to permanently cease operations of the nuclear
10 power generating units at the station and has ceased the
11 nuclear generation of electricity; or (ii) the Nuclear
12 Regulatory Commission has revoked the owners' license.
13 (35 ILCS 200/10-240 new)
14 Sec. 10-240. Assessment of nuclear electric generating
15 stations.
16 (a) During the transition period, the real property
17 assessment with respect to a nuclear electric generating
18 station that is not a permanently closed nuclear 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 nuclear electric generating station's real property
23 for that year, the assessment provided for in the
24 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 nuclear electric generating station's real
28 property for that year, then:
29 (A) for the year 2000, the base year
30 assessment less 50% of the transition amount;
31 (B) for the year 2001, the base year
32 assessment less 60% of the transition amount;
33 (C) for the year 2002, the base year
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1 assessment less 70% of the transition amount;
2 (D) for the year 2003, the base year
3 assessment less 80% of the transition amount;
4 (E) for the year 2004, the base year
5 assessment less 90% of the transition amount; and
6 (F) for the year 2005, the end-of-period
7 assessment.
8 (b) During the transition period, the real property
9 assessment with respect to a nuclear electric generating
10 station that was a permanently closed nuclear station as of
11 January 1, 1999 is as follows:
12 (1) for the year 2000, 60% of its 1998 assessment;
13 (2) for the year 2001, 30% of its 1998 assessment;
14 and
15 (3) for the years 2002 and until the end of the
16 transition period, the lesser of (i) $25,000,000 or (ii)
17 30% of the 1998 assessment.
18 (c) During the transition period, the real property
19 assessment with respect to a nuclear electric generating
20 station that becomes a permanently closed nuclear station
21 after January 1, 1999 is as follows:
22 (1) for the first assessment year following the
23 year in which the station is permanently closed, 60% of
24 the prior year's assessment;
25 (2) for the second assessment year following the
26 year in which the station is permanently closed, 30% of
27 the last assessment prior to the permanent closure of the
28 station; and
29 (3) for the third assessment year following the
30 year in which the station is permanently closed and until
31 the end of the transition period, the lesser of (i)
32 $25,000,000 or (ii) 30% of the last assessment prior to
33 the permanent closure of the station.
34 (d) The sale of any station that generates electricity
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1 shall not be a factor in the assessment of the property of a
2 nuclear electric generating station for any assessment year
3 during the transition period.
4 (e) During the transition period, land that was not
5 improved with nuclear electric generating or substation
6 equipment in the year of the base year assessment, but that
7 has been reported to the Federal Energy Regulatory Commission
8 as comprising part of a nuclear electric generating station,
9 shall be assessed using the same valuation methodology that
10 was applied to the land in the year of the base year
11 assessment, unless the land is used for a purpose different
12 from the year of base year assessment.
13 (35 ILCS 200/10-245 new)
14 Sec. 10-245. Assessment during and after the transition
15 period.
16 (a) During the transition period, the assessed valuation
17 of a nuclear electric generating station's real property is
18 not subject to application of any equalization factor set by
19 the Department of Revenue or local assessment officers.
20 During this period, the equalized assessed valuation of the
21 real property of a nuclear electric generating station shall
22 be the same as its assessed valuation.
23 (b) Effective January 1, 2006 and thereafter, the
24 property of all nuclear electric generating stations shall be
25 assessed based upon its fair cash value and without regard to
26 Section 10-240 or subsection (a) of this Section.
27 (35 ILCS 200/10-250 new)
28 Sec. 10-250. Expedited assessment and appeal.
29 (a) On or before January 15 in each year, the assessor,
30 in person or by deputy, shall actually view and determine as
31 near as practicable the value of the property at each nuclear
32 electric generating station in the assessor's jurisdiction
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1 according to this Division and shall certify to the chief
2 county assessment officer the amount of the assessment. On or
3 before February 1 of each year, the chief county assessment
4 officer shall review the assessor's certification and make
5 changes or assessments in the absence of the certification as
6 may be necessary and proper and on or before February 15
7 shall notify the taxpayer of the assessment by mail and by
8 publication in a newspaper of general circulation in the
9 county. If the property at any nuclear electric generating
10 station is not assessed on or before February 1, then the
11 assessment shall be deemed to have been set by the chief
12 county assessment officer at 100% of the prior year's
13 assessed valuation.
14 (b) Complaints that a nuclear electric generating station
15 is overassessed or underassessed shall be filed with the
16 board of review on or before March 1. The board of review
17 shall notify, within 5 calendar days, the taxpayer and any
18 taxing body in which such nuclear electric generating station
19 is situated of receipt of the complaint and the date and time
20 for hearing thereon. Not later than April 1, the board shall
21 review the assessment and correct it, as appears to be just
22 under the terms of this Division, or allow the assessment to
23 stand. If the board does not issue its decision on the
24 complaint by April 1, then the complaint shall be deemed
25 denied and the taxpayer and any taxing body shall have the
26 right to appeal to the Property Tax Appeal Board according to
27 subsection (c). After April 1, the board of review shall
28 have no authority to revise the assessment of a nuclear
29 electric generating station for that assessment year.
30 (c) Any taxpayer dissatisfied with the decision of a
31 board of review as the decision pertains to the assessment of
32 his or her property at a nuclear electric generating station
33 or any taxing body in which such nuclear electric generating
34 station is situated may, before May 1, appeal the decision to
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1 the Property Tax Appeal Board for review.
2 (d) Upon receipt of a petition complaining of the
3 assessment of a nuclear electric generating station with an
4 assessed valuation in excess of $20,000,000 or a petition
5 complaining that the assessment of a nuclear electric
6 generating station should be set in excess of $20,000,000:
7 (1) the Property Tax Appeal Board shall, within 10
8 calendar days, set the matter for a pre-hearing
9 conference not later than June 15 and provide notice of
10 the date of the pre-hearing conference and a copy of the
11 petition to the appellant, the taxpayer if other than the
12 appellant, the board of review whose decision is being
13 appealed and the State's Attorney of that county;
14 (2) notice to all taxing bodies in which such
15 nuclear electric generating station is situated shall be
16 deemed to be given when served upon the State's Attorney
17 of the county whose board of review's decision is being
18 appealed;
19 (3) the board of review shall, within 5 calendar
20 days of the receipt of the notice and petition from the
21 Property Tax Appeal Board, mail an additional copy of the
22 notice and petition on all taxing bodies as shown on the
23 last available tax bill;
24 (4) the Property Tax Appeal Board shall consider the
25 appeal de novo and shall issue a decision not later than
26 February 1 of the year following the assessment year; and
27 (5) the assessment determined by the Property Tax
28 Appeal Board shall be used as the assessment of the
29 nuclear electric generating station for the calculation
30 and extension of taxes notwithstanding the filing of any
31 petition for administrative review.
32 (35 ILCS 200/10-255 new)
33 Sec. 10-255. Supplemental Tax Rates.
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1 (a) Notwithstanding any other provision of law to the
2 contrary except the Property Tax Extension Limitation Law,
3 the governing authority of a taxing district may, by
4 ordinance or resolution, increase without referendum its
5 maximum aggregate tax rate for those funds that have rate
6 maximums and its specific tax rates for the funds from tax
7 year 2000 through tax year 2005. The ordinance or resolution
8 is irrevocable. The maximum aggregate tax rate for those
9 funds that have rate maximums may not be increased each year
10 to more than 5% above the preceding year's maximum aggregate
11 tax rate for the funds; provided that the total increase of
12 the maximum aggregate tax rate for those funds that have rate
13 maximums from tax year 2000 through tax year 2005 may not
14 exceed the maximum aggregate tax rate for the funds in tax
15 year 1999 by the lesser of either (i) 25% or (ii) a
16 percentage, rounded to the nearest whole, equal to a fraction
17 the numerator of which is the nuclear generating station's
18 equalized assessed valuation for tax year 1996, as set by the
19 board of review, minus its end-of-period assessment and the
20 denominator of which is the taxing district's total equalized
21 assessed valuation for tax year 1996. If a taxing district
22 increases its maximum aggregate tax rate by referendum, the
23 district may supplement that increase by an amount of no more
24 than 5% above the preceding year's maximum aggregate tax
25 rate.
26 (b) The ordinance or resolution increasing the maximum
27 aggregate tax rate of the taxing district must be certified
28 and filed with the county clerk and must include all of the
29 following provisions:
30 (1) those funds of the district that have maximum
31 tax rates and the maximum tax rate applicable to each
32 fund for the tax year 1999;
33 (2) the aggregate maximum tax rates for tax year
34 1999 for all of the district's funds that are subject to
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1 maximums;
2 (3) the amount of the increase, if any, in the
3 maximum aggregate tax rate to which the taxing district
4 is entitled under this Section;
5 (4) the amounts of the increases, if any, in the
6 maximum aggregate tax rate under this Section adopted by
7 the governing authority of the taxing district in the
8 preceding years;
9 (5) the amount of the increase in the maximum
10 aggregate tax rate authorized under this Section for the
11 current year;
12 (6) the amount of the increase adopted by the
13 governing authority of the taxing district for the
14 current year and those funds to which the increase will
15 be applied; and
16 (7) a cite to this Section of the Property Tax Code
17 authorizing the tax rate increase.
18 (c) The maximum tax rates in effect on December 31, 2005
19 as established in accordance with subsections (a) and (b)
20 above shall remain in effect thereafter.
21 (35 ILCS 200/10-260 new)
22 Sec. 10-260. Transitional program. The Department of
23 Revenue must implement and administer a transitional support
24 program to make grants to taxing districts within which are
25 located a nuclear electric generating station or permanently
26 closed nuclear station. The Department must make the grants
27 to the taxing districts that meet the requirements of this
28 subsection from the Nuclear Electric Generating Station Fund,
29 a special fund created in the State Treasury. On January 1
30 of each year from 2001 through 2006, the Comptroller shall
31 order transferred and the Treasurer shall transfer
32 $16,000,000 from the General Revenue Fund to the Nuclear
33 Electric Generating Station Fund for the Department to make
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1 grants to taxing districts under the transitional support
2 program in September of each year. If in any one year taxing
3 districts are eligible for transitional support grants in
4 excess of the moneys in the fund, then the Department shall
5 distribute the grants to the districts in amounts equal to
6 proportionate shares of the fund calculated using the amount
7 of the grant that the district would otherwise have been
8 entitled to receive from the fund. If the Department does
9 not use all of the moneys in the fund for grants each year,
10 then the balance shall remain in the fund for grants of the
11 succeeding years. Moneys remaining in the fund after
12 December 31, 2006 shall be returned to the General Revenue
13 Fund by the Treasurer.
14 (1) From 2001 through 2006, a taxing district may
15 apply for a transitional support grant before July 1st of
16 each year and must be issued a grant if the district
17 meets all of the following requirements:
18 (A) A nuclear electric generating station or
19 permanently closed nuclear station is located within
20 the taxing district.
21 (B) The taxing district's aggregate tax levy
22 extension decreased from the 1999 tax year due to
23 the decreased real property assessment of the
24 nuclear electric generating station or permanently
25 closed nuclear station by at least 3% in tax year
26 2000, 6% in tax year 2001, 9% in tax year 2002, 12%
27 in tax year 2003, 15% in tax year 2004, and 18% in
28 tax year 2005.
29 (C) The taxing district increased under Section
30 10-255 in the current tax year its maximum aggregate
31 tax rate without a referendum or through referendum
32 by at least 3% more than the maximum aggregate tax
33 rate for the immediate preceding tax year, provided
34 that if the district's 1999 maximum aggregate tax
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1 rate is greater than the median maximum aggregate
2 tax rate of the same type of taxing districts
3 organized under the same enabling law, as determined
4 by the Department, then the taxing district need not
5 increase its maximum aggregate tax rate.
6 (D) If the taxing district has cash reserves,
7 exclusive of early property tax receipts, that
8 exceed 50% or more of its general operating
9 expenditures for that year, then the district must
10 have applied at least one-eighth of those cash
11 reserves in excess of the 50% in the district's
12 budget ordinance or resolution for the current tax
13 year.
14 (2) The amount of the transitional support grant is
15 limited each year for a taxing district according to this
16 paragraph. For the purpose of the grant limits under this
17 paragraph, the term "aggregate extension" shall have the
18 same definition as set forth in Section 18-185 of the
19 Property Tax Extension Limitation Law. In addition, if
20 the taxing district increases by referendum its maximum
21 tax rate for any fund subject to rate maximums, then the
22 amount of the extension attributable to the referendum
23 shall not be included in the district's aggregate
24 extension for the purposes of the grant limits under this
25 paragraph. Subject to paragraph (3), the grant limits
26 are calculated according to the following schedule:
27 (A) For the 2000 tax year, the amount of the
28 grant may not increase the total of the district's
29 aggregate extension and applied cash reserves to
30 more than 97% of the 1999 aggregate extension.
31 (B) For the 2001 tax year, the amount of the
32 grant may not increase the total of the district's
33 aggregate extension and applied cash reserves to
34 more than 94% of the 1999 aggregate extension.
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1 (C) For the 2002 tax year, the amount of the
2 grant may not increase the total of the district's
3 aggregate extension and applied cash reserves to
4 more than 91% of the 1999 aggregate extension.
5 (D) For the 2003 tax year, the amount of the
6 grant may not increase the total of the district's
7 aggregate extension and applied cash reserves to
8 more than 88% of the 1999 aggregate extension.
9 (E) For the 2004 tax year, the amount of the
10 grant may not increase the total of the district's
11 aggregate extension and applied cash reserves to
12 more than 85% of the 1999 aggregate extension.
13 (F) For the 2005 tax year, the amount of the
14 grant may not increase the total of the district's
15 aggregate extension and applied cash reserves to
16 more than 82% of the 1999 aggregate extension.
17 (3) If due to the decreased real property
18 assessment of a nuclear electric generating station or
19 permanently closed nuclear station, a school district
20 would receive an amount under Section 18-8.05 of the
21 School Code that together with the transitional support
22 grant, the district's aggregate extension, and the
23 applied cash reserves would be more than the total amount
24 of the district's general State aid entitlement for
25 fiscal year 2001 under Section 18-8.05 of the School Code
26 and the district's aggregate extension for tax year 1999,
27 then the Department shall reduce the amount of the
28 transitional support grant for that tax year so that the
29 amount of the grant does not increase the total amount of
30 the district's general State aid entitlement under
31 Section 18-8.05 of the School Code, the district's
32 aggregate extension for that tax year, and the applied
33 cash reserves to more than 100% of the total amount of
34 the district's general State aid entitlement for fiscal
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1 year 2001 under Section 18-8.05 of the School Code and
2 the district's aggregate extension for tax year 1999.
3 (35 ILCS 200/10-265 new)
4 Sec. 10-265. Applicability. To the extent that Sections
5 10-232, 10-235, 10-240, 10-245, 10-250, 10-255, and 10-260
6 are in conflict with other provisions of the Property Tax
7 Code, the provisions of Sections 10-232, 10-235, 10-240,
8 10-245, 10-250, 10-255, and 10-260 control.
9 (35 ILCS 200/10-270 new)
10 Sec. 10-270. Inseverability. The provisions of this
11 amendatory Act of the 91st General Assembly are mutually
12 dependent and inseverable. If any provision is held invalid
13 other than as applied to a particular person or circumstance,
14 then this entire amendatory Act is invalid.
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.".