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Sen. Jeffrey M. Schoenberg
Filed: 4/10/2008
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LRB095 19579 HLH 49327 a |
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| AMENDMENT TO SENATE BILL 2882
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| AMENDMENT NO. ______. Amend Senate Bill 2882, AS AMENDED, |
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| by replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Property Tax Code is amended by changing |
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| Section 9-265 as follows:
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| (35 ILCS 200/9-265)
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| Sec. 9-265. Omitted property; interest; change in exempt |
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| use or ownership.
If any property is omitted in the assessment |
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| of any year or years, so that the
taxes, for which the property |
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| was liable, have not been paid, or if by reason
of defective |
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| description or assessment, taxes on any property for any year |
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| or
years have not been paid, or if any taxes are refunded under |
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| subsection (b) of
Section 14-5 because the taxes were assessed |
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| in the wrong person's name, the
property, when discovered, |
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| shall be listed and assessed by the board of review
or, in |
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LRB095 19579 HLH 49327 a |
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| counties with 3,000,000 or more inhabitants, by the county |
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| assessor
either on his
or her own initiative or when so |
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| directed by the board of appeals or board of
review. The board |
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| of review in counties with less than 3,000,000 inhabitants or |
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| the county assessor in counties with 3,000,000 or more |
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| inhabitants may develop reasonable procedures for the |
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| valuation of omitted property under this Division. For purposes
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| of this Section, "defective description or assessment" |
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| includes a description
or assessment which omits all the |
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| improvements thereon as a result of which
part of the taxes on |
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| the total value of the property as improved remain unpaid.
In |
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| the case of property subject to assessment by the Department, |
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| the property
shall be listed and assessed by the Department. |
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| All such property shall be
placed on the assessment and tax |
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| books. The arrearages of taxes which might
have been assessed, |
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| with 10% interest thereon for each year or portion thereof
from |
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| 2 years after the time the first correct tax bill ought to have |
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| been
received, shall be charged against the property by the |
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| county clerk.
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| When property or acreage omitted by either incorrect survey |
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| or other
ministerial assessor error is discovered and the owner |
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| has paid its tax
bills as received for the year or years of |
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| omission of the parcel, then the
interest authorized by this |
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| Section shall not be chargeable to the owner.
However, nothing |
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| in this Section shall prevent the collection of the principal
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| amount of back taxes due and owing.
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LRB095 19579 HLH 49327 a |
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| If any property listed as exempt by the chief county |
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| assessment officer
has a change in use, a change in leasehold |
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| estate, or a change in titleholder
of record by purchase, |
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| grant, taking or transfer, it shall be the obligation
of the |
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| transferee to notify the chief county assessment officer in |
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| writing
within 30 days of the change. The notice shall be sent |
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| by certified mail,
return receipt requested, and shall include |
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| the name and address of the
taxpayer, the legal description of |
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| the property, and the property index number
of the property |
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| when an index number exists. If the failure to give the
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| notification results in the assessing official continuing to |
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| list the property
as exempt in subsequent years, the property |
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| shall be considered omitted
property for purposes of this Code.
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| (Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. |
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| 8-14-96.)".
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