HB0354 96TH GENERAL ASSEMBLY

LRB096 05680 RCE 15746 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0354

Introduced 1/27/2009, by Rep. Harry Osterman

SYNOPSIS AS INTRODUCED:

35 ILCS 200/20-175

Amends the Property Tax Code. Provides that if any property tax is twice assessed for the same year, or assessed before it becomes taxable, and the erroneously assessed taxes have been paid either at sale or otherwise, or if properly assessed taxes have been overpaid (instead of or have been overpaid) by the same claimant or by different claimants, the county collector shall refund the taxes. Provides that in counties having a population of more than 3,000,000, if the county collector receives payment of any erroneously assessed taxes or overpayment of properly assessed taxes, the county collector shall: (1) pay, within 120 days after receipt of the payment or overpayment, a refund to the proper claimant regardless of whether a claim for refund is filed; or (2) when more than one person made the payment or overpayment and the county collector cannot determine to whom the refund should be made, send a notice within 30 days by certified mail return received requested after receipt of the payment or overpayment advising those persons that a refund is due and the procedures to follow to obtain a refund.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning revenue.

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 Section 20-175 as follows:

(35 ILCS 200/20-175)

Sec. 20-175. Refund for erroneous assessments or overpayments. If any property is twice assessed for the same year, or assessed before it becomes taxable, and the erroneously assessed taxes have been paid either at sale or otherwise, or if properly assessed taxes have been overpaid by the same claimant or by different claimants, the County Collector, upon being satisfied of the facts in the case, shall refund the taxes to the proper claimant. When the County Collector is unable to determine the proper claimant, the circuit court, on petition of the person paying the taxes, or his or her agent, and being satisfied of the facts in the case, shall direct the county collector to refund the taxes and deduct the amount thereof, pro rata, from the moneys due to taxing bodies which received the taxes erroneously paid, or their legal successors. Pleadings in connection with the petition provided for in this Section shall conform to that prescribed in the Civil Practice Law. Appeals may be taken from the judgment of the circuit court, either by the county collector or by the petitioner, as in other civil cases. In counties having a population of more than 3,000,000, if the county collector receives payment of any erroneously assessed taxes or overpayment of properly assessed taxes, the county collector shall: (1) pay, within 120 days after receipt of the payment or overpayment, a refund to the proper claimant regardless of whether a claim for refund is filed; or (2) when more than one person made the payment or overpayment and the county collector cannot determine to whom the refund should be made, send a notice by certified mail return receipt requested within 30 days after receipt of the payment or overpayment advising those persons that a refund is due and the procedures to follow to obtain a refund. A claim for refund shall not be allowed unless a petition is filed within 5 years from the date the right to a refund arose. If a certificate of error results in the allowance of a homestead exemption not previously allowed, the county collector shall pay the taxpayer interest on the amount of taxes paid that are attributable to the amount of the additional allowance, at the rate of 6% per year. 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.

(Source: P.A. 83-121; 85-468; 88-455.)