90th General Assembly
Summary of HB3026
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House Sponsors:
BIGGINS-MOORE,EUGENE-BIGGERT AND FANTIN.

Senate Sponsors:
WALSH,T-CLAYBORNE

Short description: 
PROP TX-REAL ESTATE TRANSFER                                               

Synopsis of Bill as introduced:
        Amends the Real Estate Transfer Tax Law in the Property Tax Code.      
   Provides that when the person filling out  the  real  estate  transfer      
   declaration  is  not  the  buyer,  it  shall be the duty of the person      
   filling out the declaration to furnish the buyer with a  copy  of  the      
   portions  of  the  completed  and  signed  declaration  specifying the      
   permanent real estate index numbers, the address to which the tax bill      
   is to be  mailed,  and  the  legal  description  of  the  property  so      
   transferred.   The copy shall be sent to the buyer, by certified mail,      
   return receipt requested.  Effective January 1, 1999.                       
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes amendatory provisions concerning the real estate transfer      
   declaration.  Provides that it shall be the duty of the person filling      
   out the real estate transfer declaration to furnish  to  the  buyer  a      
   copy  of  certain  information  if  (i)  the  person  filling  out the      
   declaration is not the buyer, (ii) multiple parcels are conveyed,  and      
   (iii)  at least one of the parcels is identified on the declaration as      
   a residence.  Provides that the  information  shall  include  all  the      
   permanent real estate index numbers, the address to which the tax bill      
   is  to  be  mailed,  and  the  legal  description  of  the property so      
   transferred.  Provides that the copy shall be sent to  the  buyer,  by      
   certified mail, return receipt requested.                                   
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          35 ILCS 200/31-25                                                    
          Adds reference to:                                                   
          35 ILCS 200/21-385                                                   
          35 ILCS 200/22-15                                                    
          35 ILCS 200/22-20                                                    
        Deletes everything. Amends the Property Tax Code. In counties  of      
   3,000,000  or  more  inhabitants, allows a taxing district that is the      
   tax deed petitioner to move for the appointment of a  special  process      
   server of at least 18 years of age to serve notice of the property tax      
   sale  and  the  expiration  and extension of the property's redemption      
   period. Provides that the special process server shall make  a  return      
   of  the  notice  by  filing  an affidavit with the court clerk for the      
   court record.                                                               
        SENATE AMENDMENT NO. 2.                                                
        Adds an introductory clause before the amendatory provisions.          
        SENATE AMENDMENT NO. 4.                                                
          Adds reference to:                                                   
          35 ILCS 200/9-195                                                    
          35 ILCS 200/15-103 new                                               
        Further amends the Property Tax  Code.   Provides  that  property      
   owned  by  the  Bi-State  Development  Agency of the Missouri-Illinois      
   Metropolitan District is exempt from property taxes.    Provides  that      
   the  exemption  is  not  affected  by  a  leaseback  or  other similar      
   agreement to obtain financing.  Provides that the Agency's property is      
   no longer exempt if the Agency's right to use,  control,  and  possess      
   the property terminates without an option to acquire the property or a      
   provision  of  reverter.   Provides  that  the chief county assessment      
   officer shall determine initial and  continuing  compliance  with  the      
   exemption requirements.                                                     
        CONFERENCE COMMITTEE REPORT NO. 1. (Adopted in House only)             
        Recommends that the House concur in S-ams 1 and 2.                     
        Recommends that the Senate recede from S-am 4.                         
        Recommends that the bill be further amended as follows:                
          Adds reference to:                                                   
          35 ILCS 200/5-5                                                      
          35 ILCS 200/12-50                                                    
          35 ILCS 200/14-15                                                    
          35 ILCS 200/16-95                                                    
          35 ILCS 200/16-125                                                   
          35 ILCS 200/16-160                                                   
          35 ILCS 200/20-178 new                                               
        Further  amends  the Property Tax Code.  States that the board of      
   review succeeds to the powers and duties  of  the  board  of  appeals.      
   Provides  that  in  counties  with  3,000,000 or more inhabitants, the      
   notice of a changed assessment value shall also  notify  the  taxpayer      
   that  the  decision  may  be  appealed within 30 days of receiving the      
   notice or within 30  days  of  the  date  that  the  respective  board      
   transmits  its  final  action  on the township to the county assessor.      
   Provides that  the  board  shall  publish  the  date  of  transmittal.      
   Provides  that  a  certificate  of error may, at the discretion of the      
   county assessor, be presented and received in evidence in any court of      
   competent jurisdiction.    Deletes  the  provision  providing  that  a      
   certificate  issued  under  this provision may be issued to the person      
   erroneously assessed.  Provides that  certificates  presented  to  the      
   court shall (now, may) be filed as an objection in the application for      
   judgment  and  order  of  sale  for the year or as an amendment to the      
   objection.  Provides that certificates of error certified  under  this      
   provision  need  not  be  presented to the court as an objection or an      
   amendment  to  the  application  for  judgment  and  order  of   sale.      
   Establishes form for certification of error by the county assessor and      
   board of appeals (until the first Monday in December 1998 and board of      
   review  beginning  the  first Monday in December 1998 and thereafter).      
   Deletes the provisions mandating service of the certification upon the      
   State's Attorney and conditioning  the  county  treasurer's  power  to      
   issue  refunds  upon  that service upon the State's Attorney. Provides      
   that  property  owned  by  the  Bi-State  Development  Agency  of  the      
   Missouri-Illinois Metropolitan District is exempt from property taxes.      
   Provides that the exemption is not affected by a  leaseback  or  other      
   similar  agreement  to  obtain financing.  Provides that an assessment      
   may not be changed by the board  until  the  taxpayer  and  the  chief      
   county  assessment  officer  who  certified  the  assessment have been      
   notified and given an opportunity to be heard.  Deletes the provisions      
   requiring that notice be  given  to  the  person  affected  before  an      
   assessment  is  increased  and  requiring  notice  to  be given to the      
   assessor before an assessment is reduced.    Provides  that  when  the      
   county  collector  makes  any  refunds  due on certain certificates of      
   error, then the collector shall  pay  the  taxpayer  interest  on  the      
   refund  at  the rate of 0.5% per month.  Provides that certain changes      
   made by this amendatory Act of 1998 shall be effective beginning  with      
   the  1998  assessment  year.    Makes other changes. Makes entire bill      
   effective immediately.                                                      
 
Last action on Bill: SESSION SINE DIE

   Last action date: 99-01-12

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   3


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