State of Illinois
91st General Assembly
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Public Act 91-0393

SB35 Enrolled                                  LRB9101536PTpk

    AN ACT  to  amend  the  Property  Tax  Code  by  changing
Sections  5-5,  12-50,  14-15,  16-95, 16-125, and 16-160 and
adding Section 20-178.

    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 changing
Sections 5-5, 12-50, 14-15, 16-95,  16-125,  and  16-160  and
adding Section 20-178 as follows:

    (35 ILCS 200/5-5)
    Sec.  5-5.   Election  of  board  of  review; counties of
3,000,000 or more.
    (a)  In counties with 3,000,000 or more  inhabitants,  on
the  first Tuesday after the first Monday in November 1994, 2
commissioners of the board of appeals  shall  be  elected  to
hold office from the first Monday in December following their
election and until the first Monday in December 1998. In case
of  any  vacancy, the chief judge of the circuit court or any
judge of that circuit designated by  the  chief  judge  shall
fill  the  vacancy by appointment. The commissioners shall be
electors in the  particular  county  at  the  time  of  their
election  or  appointment  and  shall hold no other lucrative
public office or public employment. Each  commissioner  shall
receive  compensation  fixed by the county board, which shall
be paid out of the county treasury and  which  shall  not  be
changed during the term for which any commissioner is elected
or  appointed.  Effective  the first Monday in December 1998,
the board of appeals is abolished.
    The  board   of   appeals   shall   maintain   sufficient
evidentiary  records  to  support  all  decisions made by the
board of appeals.  All records,  data,  sales/ratio  studies,
and  other  information  necessary  for  the  board of review
elected under subsection (c) to  perform  its  functions  and
duties  shall  be  transferred by the board of appeals to the
board of review on the first Monday in December 1998.
    (b) (Blank).
    (c)  In each county with 3,000,000 or  more  inhabitants,
there is created a board of review. The board of review shall
consist of 3 members, one elected from each election district
in  the county at the general election in 1998 to hold office
for  a  term  beginning  on  the  first  Monday  in  December
following  their  election   and   until   their   respective
successors are elected and qualified.
    No  later  than  June 1, 1996, the General Assembly shall
establish the boundaries for the 3 election districts in each
county with  3,000,000  or  more  inhabitants.  The  election
districts    shall   be   compact,   contiguous,   and   have
substantially the same population based on the  1990  federal
decennial  census.  One  district  shall be designated as the
first election district, one as the second election district,
and one as the third election district. The member from  each
district shall be elected to a term of 4 years.
    In  the year following each federal decennial census, the
General Assembly shall reapportion the election districts  to
reflect   the   results  of  the  census.  The  reapportioned
districts  shall  be   compact,   contiguous,   and   contain
substantially  the same population. The member from the first
district shall be elected to terms of 4 years, 4 years, and 2
years. The  member from the second district shall be  elected
to  terms  of  4 years, 2 years, and 4 years. The member from
the third district shall be elected to terms of  2  years,  4
years, and 4 years.
    In  case of vacancy, the chief judge of the circuit court
or any judge of the circuit court  designated  by  the  chief
judge  shall fill the vacancy by appointment of a person from
the same political party. If the vacancy is filled with  more
than  28  months  remaining in the term, the appointed member
shall serve until the next general election, at which time  a
member  shall  be  elected  to serve for the remainder of the
term. If a vacancy is filled with 28 months or less remaining
in the term, the appointment shall be for  the  remainder  of
the   term.  The  members  shall  be  electors  within  their
respective election district at the time of their election or
appointment and shall hold no other lucrative  public  office
or public employment.
    Each  member  shall  receive  compensation  fixed  by the
county board,  which shall be paid from the county  treasury.
Compensation for each member shall be equitable and shall not
be  changed  during the term for which that member is elected
or appointed. The county shall provide suitable office  space
for the board of review.
    For  the  year  beginning on the first Monday in December
1998 and ending the first Monday in December 1999, and  every
fourth  year  thereafter, the chair of the board shall be the
member  elected  from  the  first  district.   For  the  year
beginning the first Monday in December 1999  and  ending  the
first   Monday  in  December  2000,  and  every  fourth  year
thereafter, the chair  of  the  board  shall  be  the  member
elected from the second district.  For the year beginning the
first  Monday in December 2000 and ending the first Monday in
December 2001, and every fourth year  thereafter,  the  chair
shall be the member elected from the third district.  For the
year  beginning  the first Monday in December 2001 and ending
the first Monday in December  2002,  and  every  fourth  year
thereafter,  the  chair  of  the board shall be determined by
lot.
    On and after the first  Monday  in  December,  1998,  any
reference  in  this Code to a board of appeals shall mean the
board of review created under this  subsection.  Whenever  it
may   be   necessary   for   purposes   of   determining  its
jurisdiction, the board of review shall be deemed to  succeed
to  the  powers  and  duties  of the former board of appeals;
provided that the board of review shall also have all of  the
powers  and  duties granted to it under this Code. All action
of the board of review shall be by a  majority  vote  of  its
members.
(Source:  P.A.  88-455;  89-126,  eff.  7-11-95; 89-671, eff.
8-14-96.)

    (35 ILCS 200/12-50)
    Sec. 12-50.  Mailed notice to taxpayer  after  change  by
board  of  review  or  board  of  appeals.  If final board of
review or board of appeals  action  regarding  any  property,
including  equalization under Section 16-60 or Section 16-65,
results in an increased or decreased  assessment,  the  board
shall mail a notice to the taxpayer, at his or her address as
it  appears  in  the  assessment  records,  whose property is
affected by such action, and in the case of a complaint filed
with a board of review under Section 16-25 or 16-115, to  the
taxing  body  filing the complaint.  A copy shall be given to
the assessor or chief county assessment officer if his or her
assessment was reversed or modified by  the  board.   Written
notice  shall  also  be  given  to  any  taxpayer who filed a
complaint in writing with the board and whose assessment  was
not  changed.  The  notice shall set forth the assessed value
prior to board action; the assessed value after  final  board
action  but prior to any equalization; and the assessed value
as equalized by the board, if  the  board  equalizes.    This
notice  shall state that the value as certified to the county
clerk by the board will be the locally assessed value of  the
property  for  that  year  and  each  succeeding year, unless
revised in a succeeding year in the manner provided  in  this
Code.  The  written  notice shall also set forth specifically
the facts upon which  the  board's  decision  is  based.   In
counties with less than 3,000,000 inhabitants, the notice and
shall  also  contain the following statement: "You may appeal
this decision to the Property Tax Appeal Board  by  filing  a
petition for review with the Property Tax Appeal Board within
30  days after this notice is mailed to you or your agent, or
is personally served upon you or your agent"; except that, in
counties with 3,000,000 or  more  inhabitants  the  statement
shall  be  included in the written notice (i) for residential
property with 6 units or less beginning with assessments made
for the 1996 assessment year and (ii) for all other  property
in counties with 3,000,000 or more inhabitants beginning with
assessments  made  for the 1997 assessment year.  In counties
with 3,000,000 or more inhabitants,  the  notice  shall  also
contain  the  following  statement:   "You  may  appeal  this
decision  to  the  Property  Tax  Appeal  Board  by  filing a
petition for review with the Property Tax Appeal Board within
30 days after the date of this notice or within 30 days after
the date that the Board of Review  transmits  to  the  county
assessor  pursuant  to Section 16-125 its final action on the
township in which your  property  is  located,  whichever  is
later". The Board shall publish its transmittal date of final
action  on each township in at least one newspaper of general
circulation  in  the  county.    The  changes  made  by  this
amendatory Act of the 91st General Assembly apply to the 1999
assessment year and thereafter.
(Source: P.A. 88-455;  89-126,  eff.  7-11-95;  89-671,  eff.
8-14-96.)

    (35 ILCS 200/14-15)
    Sec.  14-15.  Certificate of error; counties of 3,000,000
or more.
    (a)  In counties with 3,000,000 or more inhabitants,  if,
after the assessment is certified pursuant to Section 16-150,
but  subject  to  the  limitations  of subsection (c) of this
Section, at any time  before  judgment  is  rendered  in  any
proceeding  to  collect  or to enjoin the collection of taxes
based upon any assessment of any property  belonging  to  any
taxpayer,  the  county assessor discovers an error or mistake
in the assessment, the assessor shall execute  a  certificate
setting  forth  the  nature  and  cause  of  the  error.  The
certificate when endorsed by the  county  assessor,  or  when
endorsed  by  the county assessor and board of appeals (until
the first Monday in December 1998 and  the  board  of  review
beginning  the  first Monday in December 1998 and thereafter)
where the certificate is executed for  any  assessment  which
was  the subject of a complaint filed in the board of appeals
(until the first Monday in December 1998  and  the  board  of
review  beginning  the  first  Monday  in  December  1998 and
thereafter) for the tax year for  which  the  certificate  is
issued,  may,  either be certified according to the procedure
authorized by this Section or be presented  and  received  in
evidence    in   any   court   of   competent   jurisdiction.
Certification is authorized, at the discretion of the  county
assessor,  for:  (1) certificates of error allowing homestead
exemptions pursuant to Sections 15-170, 15-172,  and  15-175;
(2)  certificates of error on residential property of 6 units
or less; (3) certificates of error allowing exemption of  the
property   pursuant   to   Section   14-25;   and  (4)  other
certificates of error reducing assessed value  by  less  than
$100,000.   Any  certificate  of error not certified shall be
presented to the court. The  county  assessor  shall  develop
reasonable  procedures  for  the  filing  and  processing  of
certificates   of  error.   Prior  to  the  certification  or
presentation to the court, the county assessor or his or  her
designee  shall  execute  and  include  in the certificate of
error a statement attesting that all procedural  requirements
pertaining  to  the issuance of the certificate of error have
been met and that in fact an error exists. When so introduced
in evidence such certificate shall become a part of the court
records, and shall not be removed from the files except  upon
the order of the court.
    Certificates of error that will be presented to the court
shall  be filed A certificate executed under this Section may
be issued to the person erroneously assessed.  A  certificate
executed  under  this  Section  or  a list of the parcels for
which certificates have been issued may be presented  by  the
assessor  to the court as an objection in the application for
judgment and order of sale for the year in relation to  which
the  certificate  is made or as an amendment to the objection
under subsection (b).  Certificates of error that are  to  be
certified  according  to  the  procedure  authorized  by this
Section need not be presented to the court as an objection or
an amendment under subsection (b). The  State's  Attorney  of
the  county  in  which  the property is situated shall mail a
copy of any final judgment entered by the court regarding any
the certificate of error to the taxpayer of  record  for  the
year in question.
    Any unpaid taxes after the entry of the final judgment by
the  court or certification on certificates issued under this
Section may be included in a special tax sale, provided  that
an  advertisement  is published and a notice is mailed to the
person in whose name the taxes were last assessed, in a  form
and  manner  substantially  similar  to the advertisement and
notice  required  under  Sections  21-110  and  21-135.   The
advertisement and sale shall be subject to all provisions  of
law   regulating   the   annual  advertisement  and  sale  of
delinquent property, to the extent that those provisions  may
be made applicable.
    A  certificate  of  error  certified  executed under this
Section allowing homestead exemptions under Sections  15-170,
15-172, and 15-175 of this Act (formerly Sections 19.23-1 and
19.23-1a  of  the Revenue Act of 1939) not previously allowed
shall be given effect by the county treasurer, who shall mark
the tax books and, upon  receipt  of  one  of  the  following
certificates  certificate  from  the  county  assessor or the
county assessor and the board of review where  the  board  of
review is required to endorse the certificate of error, shall
issue refunds to the taxpayer accordingly:

                       "CERTIFICATION
    I,  ..................,  county  assessor, hereby certify
    that the Certificates of Error set out  on  the  attached
    list have been duly issued to correct an error or mistake
    in  the assessment allow homestead exemptions pursuant to
    Sections 15-170, 15-172, and 15-175 of the  Property  Tax
    Code  (formerly  Sections  19.23-1  and  19.23-1a  of the
    Revenue Act of 1939) which should  have  been  previously
    allowed;  and  that a certified copy of the attached list
    and this certification have been served upon  the  county
    State's Attorney."

                       "CERTIFICATION
    I,   ..................,   county   assessor,   and   we,
    ........................................................,
    members  of  the board of review, hereby certify that the
    Certificates of Error set out on the attached  list  have
    been  duly  issued  to correct an error or mistake in the
    assessment and that any certificates of error required to
    be  endorsed  by  the  board  of  review  have  been   so
    endorsed."

    The  county treasurer has the power to mark the tax books
to reflect the issuance of homestead  certificates  of  error
certified  according  to  the  procedure  authorized  in this
Section for certificates of error issued under Section  14-25
or  certificates  of  error  issued  to and including 3 years
after the date on which the annual judgment and order of sale
for that tax year was first entered.   The  county  treasurer
has  the  power to issue refunds to the taxpayer as set forth
above until all refunds authorized by this Section have  been
completed.
    To  the extent that the certificate of error obviates the
liability  for  nonpayment  of  taxes,  certification  of   a
certificate of error according to the procedure authorized in
this   Section  shall  operate  to  vacate  any  judgment  or
forfeiture as to that year's taxes, and the warrant books and
judgment books shall be marked to reflect that  the  judgment
or forfeiture has been vacated.
    The county treasurer has no power to issue refunds to the
taxpayer  as set forth above unless the Certification set out
in this Section has  been  served  upon  the  county  State's
Attorney.
    (b)  Nothing  in  subsection (a) of this Section shall be
construed to prohibit the execution,  endorsement,  issuance,
and  adjudication of a certificate of error if (i) the annual
judgment and order of sale for the tax year  in  question  is
reopened  for  further proceedings upon consent of the county
collector and county assessor,  represented  by  the  State's
Attorney,  and  (ii)  a  new  final  judgment is subsequently
entered pursuant to the  certificate.   This  subsection  (b)
shall  be construed as declarative of existing law and not as
a new enactment.
    (c)  No certificate of error, other than a certificate to
establish an exemption under Section 14-25, shall be executed
for any tax year more than 3 years after the  date  on  which
the  annual  judgment and order of sale for that tax year was
first entered.
    (d)  The time limitation  of  subsection  (c)  shall  not
apply  to  a certificate of error correcting an assessment to
$1, under Section 10-35, on a parcel that  a  subdivision  or
planned  development  has  acquired by adverse possession, if
during the tax year for which the certificate is executed the
subdivision or planned development used the parcel as  common
area, as defined in Section 10-35, and if application for the
certificate of error is made prior to December 1, 1997.
    (e)  The  changes made by this amendatory Act of the 91st
General  Assembly  apply  to  certificates  of  error  issued
before, on, and after the effective date of  this  amendatory
Act of the 91st General Assembly.
(Source:  P.A.  89-126,  eff.  7-11-95; 89-671, eff. 8-14-96;
90-4,  eff.  3-7-97;  90-288,  eff.  8-1-97;   90-655,   eff.
7-30-98.)

    (35 ILCS 200/16-95)
    Sec.  16-95.   Powers  and  duties of board of appeals or
review; complaints.   In  counties  with  3,000,000  or  more
inhabitants,  until  the  first  Monday in December 1998, the
board of appeals in any year shall,  on  complaint  that  any
property  is  overassessed  or  underassessed,  or is exempt,
review and order the assessment corrected.
    Beginning  the  first  Monday  in   December   1998   and
thereafter,  in  counties with 3,000,000 or more inhabitants,
the board of review:
         (1)  shall,  on  upon  written  complaint   of   any
    taxpayer,  or any taxing district that has an interest in
    the  assessment,  that  any  property  is   overassessed,
    underassessed,  or  exempt,  review  the  assessment  and
    confirm upon good cause shown, revise, correct, alter, or
    modify the any assessment, as appears to be just (or part
    of  an  assessment) of any real property; nothing in this
    Section,  however,  shall  be  construed  to  require   a
    taxpayer to file a complaint with the board; and
         (2)  may,  upon  written  motion  of any one or more
    members of the board that is made on or before the  dates
    specified  in notices given under Section 16-110 for each
    township and upon  good  cause  shown,  revise,  correct,
    alter,   or   modify   any  assessment  (or  part  of  an
    assessment) of real property regardless  of  whether  the
    taxpayer  or  owner of the property has filed a complaint
    with the board.
         An assessment  shall  not  be  increased  until  the
    person  to  be  affected  has  been notified and given an
    opportunity to be heard. Before making any  reduction  in
    assessments  of  its  own  motion,  the  board shall give
    notice to the assessor or No assessment may be changed by
    the board on its own motion  until the taxpayer in  whose
    name  the  property  is  assessed  and  the  chief county
    assessment officer who certified the assessment have been
    notified and given, and give the assessor or chief county
    assessment officer an opportunity to  be  heard  thereon.
    All  taxing  districts  shall  have  an opportunity to be
    heard on the matter.
(Source: P.A. 88-455;  89-126,  eff.  7-11-95;  89-671,  eff.
8-14-96.)

    (35 ILCS 200/16-125)
    Sec.  16-125.   Hearings.   In counties with 3,000,000 or
more inhabitants, complaints filed with the board of  appeals
(until  the  first  Monday  in December 1998 and the board of
review beginning  the  first  Monday  in  December  1998  and
thereafter)  shall be classified by townships. All complaints
shall be docketed numerically, in the order in which they are
presented, as  nearly  as  possible,  in  books  or  computer
records  kept for that purpose, which shall be open to public
inspection. The complaints shall be considered  by  townships
until  they  have  been  heard  and passed upon by the board.
After completing final action on all matters in  a  township,
the  board  shall  transmit  such final actions to the county
assessor.
    A hearing upon any complaint shall not be held until  the
taxpayer  affected  and  the  county  assessor have each been
notified and have been given an opportunity to be heard.  All
hearings  shall be open to the public and the board shall sit
together and  hear  the  representations  of  the  interested
parties  or their representatives.  An order for a correction
of any assessment shall not be made unless both commissioners
of the board, or a majority of the members in the case  of  a
board  of  review,  concur  therein,  in which case, an order
therefor shall be made in open session  and  entered  in  the
records   of  the  board.   When  an  assessment  is  ordered
corrected, the board shall transmit a  computer  printout  of
the  results,  or  make and sign a brief written statement of
the reason for the change and the manner in which the  method
used  by the assessor in making the assessment was erroneous,
and shall deliver a copy  of  the  statement  to  the  county
assessor.  Upon  request the board shall hear any taxpayer in
opposition to a proposed reduction in any assessment.
    The board may destroy or otherwise dispose of  complaints
and  records  pertaining  thereto after the lapse of 10 years
from the date of filing.
(Source: P.A. 88-455;  89-126,  eff.  7-11-95;  89-671,  eff.
8-14-96.)

    (35 ILCS 200/16-160)
    Sec.  16-160.   Property  Tax  Appeal Board; process.  In
counties with 3,000,000 or more inhabitants,  beginning  with
assessments made for the 1996 assessment year for residential
property  of  6  units or less and beginning with assessments
made for the 1997 assessment year for all other property, and
for all property in any  county  other  than  a  county  with
3,000,000 or more inhabitants, any taxpayer dissatisfied with
the decision of a board of review or board of appeals as such
decision  pertains  to  the assessment of his or her property
for taxation  purposes,  or  any  taxing  body  that  has  an
interest  in  the decision of the board of review or board of
appeals  on  an  assessment  made  by  any  local  assessment
officer, may,  (i)  in  counties  with  less  than  3,000,000
inhabitants  within  30 days after the date of written notice
of the decision of the board of review or (ii) in  assessment
year  1999  and thereafter in counties with 3,000,000 or more
inhabitants within 30 days after the date  of  the  board  of
review notice or within 30 days after the date that the board
of  review  transmits  to  the  county  assessor  pursuant to
Section 16-125 its final action on the township in which  the
property  is  located,  whichever  is later Board of Appeals,
appeal the decision to the  Property  Tax  Appeal  Board  for
review.  In  any appeal where the board of review or board of
appeals has given  written  notice  of  the  hearing  to  the
taxpayer 30 days before the hearing, failure to appear at the
board  of review or board of appeals hearing shall be grounds
for dismissal of the appeal unless a continuance  is  granted
to  the  taxpayer.   If an appeal is dismissed for failure to
appear at a board of review or board of appeals hearing,  the
Property  Tax Appeal Board shall have no jurisdiction to hear
any subsequent appeal  on  that  taxpayer's  complaint.  Such
taxpayer  or  taxing  body, hereinafter called the appellant,
shall file a petition with the  clerk  of  the  Property  Tax
Appeal  Board,  setting  forth the facts upon which he or she
bases  the  objection,  together  with  a  statement  of  the
contentions of law which he or she desires to raise, and  the
relief  requested.  If a petition is filed by a taxpayer, the
taxpayer is  precluded  from  filing  objections  based  upon
valuation,  as  may otherwise be permitted by Sections 21-175
and 23-5.  However,  any  taxpayer  not  satisfied  with  the
decision  of  the board of review or board of appeals as such
decision pertains to the assessment of his  or  her  property
need not appeal the decision to the Property Tax Appeal Board
before seeking relief in the courts. The changes made by this
amendatory   Act  of  the  91st  General  Assembly  shall  be
effective beginning with the 1999 assessment year.
(Source: P.A. 88-455;  89-126,  eff.  7-11-95;  89-671,  eff.
8-14-96.)

    (35 ILCS 200/20-178 new)
    Sec.  20-178.  Certificate  of  error;  refund; interest.
When  the  county  collector  makes  any   refunds   due   on
certificates  of  error  issued  under Sections 14-15 through
14-25 that have been either  certified  or  adjudicated,  the
county  collector  shall  pay  the  taxpayer  interest on the
amount of the refund at the rate of 0.5% per month.
    No interest shall be due under this Section for any  time
prior  to 60 days after the effective date of this amendatory
Act of the 91st General Assembly. For certificates  of  error
issued  prior to the effective date of this amendatory Act of
the 91st General Assembly, the county collector shall pay the
taxpayer interest from 60 days after the  effective  date  of
this  amendatory  Act  of the 91st General Assembly until the
date the refund is paid. For certificates of error issued  on
or  after  the  effective  date of this amendatory Act of the
91st General Assembly, interest shall be paid  from  60  days
after  the certificate of error is issued by the chief county
assessment officer to the date the refund is made.  To  cover
the   cost   of   interest,   the   county   collector  shall
proportionately reduce the distribution  of  taxes  collected
for each taxing district in which the property is situated.
    This  Section shall not apply to any certificate of error
granting a homestead exemption under Section 15-170,  15-172,
or 15-175.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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