SB2882ham001 95TH GENERAL ASSEMBLY

Revenue Committee

Adopted in House Comm. on May 28, 2008

09500SB2882ham001 LRB095 19579 HLH 51565 a

AMENDMENT TO SENATE BILL 2882

AMENDMENT NO. ______. Amend Senate Bill 2882 by replacing everything after the enacting clause with the following:

"Section 5. The Property Tax Code is amended by changing Sections 9-180, 9-185, 9-260, 9-270, and 15-20 as follows:

(35 ILCS 200/9-180)

Sec. 9-180. Pro-rata valuations; improvements or removal of improvements. The owner of property on January 1 also shall be liable, on a proportionate basis, for the increased taxes occasioned by the construction of new or added buildings, structures or other improvements on the property from the date when the occupancy permit was issued or from the date the new or added improvement was inhabitable and fit for occupancy or for intended customary use to December 31 of that year. The owner of the improved property shall notify the assessor, within 90 30 days of the issuance of an occupancy permit or within 90 30 days of completion of the improvements, on a form prescribed by that official, and request that the property be reassessed. The notice shall be sent by certified mail, return receipt requested and shall include the legal description, as defined in Section 1-80, of the property.

When, during the previous calendar year, any buildings, structures or other improvements on the property were destroyed and rendered uninhabitable or otherwise unfit for occupancy or for customary use by accidental means (excluding destruction resulting from the willful misconduct of the owner of such property), the owner of the property on January 1 shall be entitled, on a proportionate basis, to a diminution of assessed valuation for such period during which the improvements were uninhabitable or unfit for occupancy or for customary use. The owner of property entitled to a diminution of assessed valuation shall, on a form prescribed by the assessor, within 90 days after the destruction of any improvements or, in counties with less than 3,000,000 inhabitants within 90 days after the township or multi-township assessor has mailed the application form as required by Section 9-190, file with the assessor for the decrease of assessed valuation. Upon failure so to do within the 90 day period, no diminution of assessed valuation shall be attributable to the property.

Computations under this Section shall be on the basis of a year of 365 days.

(Source: P.A. 91-486, eff. 1-1-00.)

(35 ILCS 200/9-185)

Sec. 9-185. Change in use or ownership. The purchaser of property on January 1 shall be considered as the owner on that day. However, when a fee simple title or lesser interest in property is purchased, granted, taken or otherwise transferred for a use exempt from taxation under this Code, that property shall be exempt from taxes from the date of the right of possession, except that property acquired by condemnation is exempt as of the date the condemnation petition is filed. Whenever a fee simple title or lesser interest in property is purchased, granted, taken or otherwise transferred from a use exempt from taxation under this Code to a use not so exempt, that property shall be subject to taxation from the date of purchase or conveyance. It shall be the obligation of the titleholder of record in such cases where there is a change in use or a change in a leasehold estate or, in cases where there has been a purchase, grant, taking or transfer, it is the obligation of the transferee to notify the chief county assessment officer within 90 30 days of that action. Failure to give the notification, resulting in the assessing official continuing to list the property as exempt in subsequent years, shall cause the property to be considered omitted property for the purpose of this Code. In those cases the county collector is authorized to issue a tax bill to the person holding title to the property in that part of the year during which it was not exempt from taxation for that part of the year and to accept payment of the bill as full and final settlement of tax liability for the year involved.

(Source: P.A. 86-949; 87-818; 88-455.)

(35 ILCS 200/9-260)

Sec. 9-260. Assessment of omitted property; counties of 3,000,000 or more.

(a) After signing the affidavit, the county assessor shall have power, when directed by 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), or on his or her own initiative, to assess properties which may have been omitted from assessments for the current year and (i) not more than 5 years prior to the current year if the owner of the property gave notice of the failure to assess land, improvements, or both on a form prescribed by the assessor, or (ii) during any year or years for which the property was liable to be taxed if the owner failed to give such notice, and for which the tax has not been paid, but only on notice and an opportunity to be heard in the manner and form required by law, and shall enter the assessments upon the assessment books.

(a-5) No charge for tax of previous years shall be made against any property if (1) (a) the property was last assessed as unimproved, (b) the owner of such property gave notice of the failure to assess land, improvements, or both, on a form prescribed by the assessor, subsequent improvements and requested a reassessment, (2) the notice was (i) sent by certified mail, return receipt requested, or (ii) provided in person, however the owner shall provide a copy of the notice receipt as required by Section 9-180, and (3) (c) reassessment of the property was not made within the 40 16 month period immediately following the receipt of that notice.

(b) Any taxes based on the omitted assessment of a property pursuant to Sections 9-260 through 9-270 shall be prepared and mailed at the same time as the estimated first installment property tax bill for the preceding year (as described in Section 21-30) is prepared and mailed. The omitted assessment tax bill is not due until the date on which the second installment property tax bill for the preceding year becomes due. The omitted assessment tax bill shall be deemed delinquent and shall bear interest beginning on the day after the due date of the second installment (as described in Section 21-25). Any taxes for omitted assessments deemed delinquent after the due date of the second installment tax bill shall bear interest at the rate of 1.5% per month or portion thereof until paid or forfeited (as described in Section 21-25).

(c) The assessor shall have no power to change the assessment or alter the assessment books in any other manner or for any other purpose so as to change or affect the taxes in that year, except as ordered by 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). The county assessor shall make all changes and corrections ordered by 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). The county assessor may for the purpose of revision by 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) certify the assessment books for any town or taxing district after or when such books are completed.

(d) The certification of the assessment of land, improvements, or both for which the property was liable to be taxed shall be transmitted by the assessor to the board of review on or before the dates specified in accordance with Section 16-110 of this Code.

(Source: P.A. 93-560, eff. 8-20-03.)

(35 ILCS 200/9-270)

Sec. 9-270. Omitted property; limitations on assessment.

(a) A charge for tax and interest for previous years, as provided in Sections 9-265 or 14-40, shall not be made against any property for years prior to the date of ownership of the person owning the property at the time the liability for the omitted tax was first ascertained. Ownership as used in this section shall be held to refer to bona fide legal and equitable titles or interests acquired for value and without notice of the tax, as may appear by deed, deed of trust, mortgage, certificate of purchase or sale, or other form of contract. A charge for tax and interest for previous years shall not be made against any property for more than 5 years prior to the current assessment year if the owner of the property gave notice of the omitted assessment on a form prescribed by the assessor.

(a-5) No charge for tax of previous years, as provided in Section 9-265, shall be made against any property if (1) (a) the property was last assessed as unimproved, (b) the owner of the property gave notice of the failure to assess land, improvements, or both, on a form prescribed by the assessor, subsequent improvements and requested a reassessment, (2) the notice was (i) sent by certified mail, return receipt requested, or (ii) provided in person, however the owner shall provide a copy of the notice receipt as required by Section 9-180, and (3) (c) reassessment of the property was not made within the 40 16 month period immediately following the receipt of that notice. The owner of property, if known, assessed under this and the preceding section shall be notified by the county assessor, board of review or Department, as the case may require.

(b) The certification of the assessment of land, improvements, or both for which the property was liable to be taxed shall be transmitted by the chief county assessment officer to the board of review on or before the dates specified in accordance with Section 16-30 of this Code.

(Source: P.A. 86-359; 88-455.)

(35 ILCS 200/15-20)

Sec. 15-20. Notification requirements after change in use or ownership. If any property listed as exempt by the chief county assessment officer has a change in use, a change in leasehold estate, or a change in titleholder of record by purchase, grant, taking or transfer, it is the obligation of the transferee to notify the chief county assessment officer in writing within 90 30 days of the change. The notice shall be sent by certified mail, return receipt requested, and shall include the name and address of the taxpayer, the legal description of the property, the address of the property, and the permanent index number of the property where such number exists. If the failure to give such notification results in the assessment officer listing the property as exempt in subsequent years, the property shall be considered omitted property for purposes of this Code.

(Source: P.A. 87-895; 87-1189; 88-455; incorporates 88-221; 88-670, eff. 12-2-94.)

Section 99. Effective date. This Act takes effect January 1, 2009.".