Full Text of SB2636 95th General Assembly
SB2636ham002 95TH GENERAL ASSEMBLY
|
Judiciary I - Civil Law Committee
Filed: 5/28/2008
|
|
09500SB2636ham002 |
|
LRB095 18910 AJO 51607 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 2636
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 2636, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
| 5 |
| "Section 5. The Property Tax Code is amended by changing | 6 |
| Section 20-175 as follows:
| 7 |
| (35 ILCS 200/20-175)
| 8 |
| Sec. 20-175. Refund for erroneous assessments or | 9 |
| overpayments. If any
property is twice assessed for the same | 10 |
| year, or assessed before it becomes
taxable, and the | 11 |
| erroneously assessed taxes have been paid either at sale or
| 12 |
| otherwise, or if properly assessed taxes have been overpaid by | 13 |
| the same claimant or by different
claimants, the County | 14 |
| Collector, upon being satisfied of the facts in the case,
shall | 15 |
| refund the taxes to the proper claimant. When the County | 16 |
| Collector is
unable to determine the proper claimant, the |
|
|
|
09500SB2636ham002 |
- 2 - |
LRB095 18910 AJO 51607 a |
|
| 1 |
| circuit court, on petition of the
person paying the taxes, or | 2 |
| his or her agent, and being satisfied of the facts
in the case, | 3 |
| shall direct the county collector to refund the taxes and | 4 |
| deduct
the amount thereof, pro rata, from the moneys due to | 5 |
| taxing bodies which
received the taxes erroneously paid, or | 6 |
| their legal successors. Pleadings
in connection with the | 7 |
| petition provided for in this Section shall conform
to that | 8 |
| prescribed in the Civil Practice Law. Appeals may be taken from | 9 |
| the
judgment of the circuit court, either by the county | 10 |
| collector or by the
petitioner, as in other civil cases. In | 11 |
| counties having a population of more than 3,000,000, if the | 12 |
| county collector receives payment of any erroneously assessed | 13 |
| taxes or overpayment of properly assessed taxes, the county | 14 |
| collector shall: (1) pay, within 120 days after receipt of the | 15 |
| payment or overpayment, a refund to the proper claimant | 16 |
| regardless of whether a claim for refund is filed; or (2) when | 17 |
| more than one person made the payment or overpayment and the | 18 |
| county collector cannot determine to whom the refund should be | 19 |
| made, send a notice by certified mail return receipt requested | 20 |
| within 30 days after receipt of the payment or overpayment | 21 |
| advising those persons that a refund is due and the procedures | 22 |
| to follow to obtain a refund. A claim for refund shall not be | 23 |
| allowed
unless a petition is filed within 5 years from the date | 24 |
| the right to a refund
arose. If a certificate of error results | 25 |
| in the allowance of a homestead
exemption not previously | 26 |
| allowed, the county collector shall pay the taxpayer
interest |
|
|
|
09500SB2636ham002 |
- 3 - |
LRB095 18910 AJO 51607 a |
|
| 1 |
| on the amount of taxes paid that are attributable to the amount | 2 |
| of the
additional allowance, at the rate of 6% per year. To | 3 |
| cover the cost of
interest, the county collector shall | 4 |
| proportionately reduce the distribution of
taxes collected for | 5 |
| each taxing district in which the property is situated.
| 6 |
| (Source: P.A. 83-121; 85-468; 88-455.)
| 7 |
| Section 10. The Uniform Disposition of Unclaimed Property | 8 |
| Act is amended by changing Section 20 as follows:
| 9 |
| (765 ILCS 1025/20) (from Ch. 141, par. 120)
| 10 |
| Sec. 20. Determination of claims.
| 11 |
| (a) The State Treasurer shall consider any claim filed | 12 |
| under this
Act and may, in his discretion, hold a hearing and | 13 |
| receive evidence
concerning it. Such hearing shall be conducted | 14 |
| by the State Treasurer or by a
hearing officer designated by | 15 |
| him. No hearings shall be held if the
payment of the claim is | 16 |
| ordered by a court, if the claimant is under court
| 17 |
| jurisdiction, or if the claim is paid under Article XXV of the | 18 |
| Probate Act
of 1975. The State Treasurer or hearing officer | 19 |
| shall prepare a finding and a
decision in writing on each | 20 |
| hearing, stating the substance of any evidence
heard by him, | 21 |
| his findings of fact in respect thereto, and the reasons for
| 22 |
| his decision. The State Treasurer shall review the findings and | 23 |
| decision of
each hearing conducted by a hearing officer and | 24 |
| issue a final written decision.
The final decision shall be a |
|
|
|
09500SB2636ham002 |
- 4 - |
LRB095 18910 AJO 51607 a |
|
| 1 |
| public record. Any claim of an interest in
property that is | 2 |
| filed pursuant to this Act shall be considered and a finding
| 3 |
| and decision shall be issued by the Office of the State | 4 |
| Treasurer in a timely
and expeditious manner.
| 5 |
| (b) If the claim is allowed, and after deducting an amount | 6 |
| not to
exceed $20 to cover the cost of notice publication and | 7 |
| related clerical
expenses, the State Treasurer shall make | 8 |
| payment forthwith.
| 9 |
| (c) In order to carry out the purpose of this Act, no | 10 |
| person or company
shall be entitled to a fee for discovering | 11 |
| presumptively abandoned property
until it has been in the | 12 |
| custody of the Unclaimed Property Division
of the Office of the | 13 |
| State Treasurer for at least 24 months. Fees
for discovering | 14 |
| property that has been in the custody of that division for
more | 15 |
| than 24 months shall be limited to not more than 10% of the | 16 |
| amount
collected.
| 17 |
| (d) A person or company attempting to collect a contingent | 18 |
| fee for
discovering, on behalf of an owner, presumptively | 19 |
| abandoned property must be
licensed as a private detective | 20 |
| pursuant to the Private Detective, Private
Alarm, Private | 21 |
| Security, Fingerprint Vendor, and Locksmith Act of 2004.
| 22 |
| (e) This Section shall not apply to the fees of an attorney | 23 |
| at law duly
appointed to practice in a state of the United | 24 |
| States who is employed by a
claimant with regard to probate | 25 |
| matters on a contractual basis.
| 26 |
| (f) Any person or company offering to identify, discover, |
|
|
|
09500SB2636ham002 |
- 5 - |
LRB095 18910 AJO 51607 a |
|
| 1 |
| or collect presumptively abandoned property or property which | 2 |
| may become presumptively abandoned on behalf of the putative | 3 |
| owner of such property in exchange for a fee, must provide the | 4 |
| owner with a written disclosure. The disclosure shall be set | 5 |
| forth in a clear and conspicuous manner and at a minimum shall | 6 |
| state the following: | 7 |
| Each state maintains an office of unclaimed property. | 8 |
| Generally, if for a number of years an owner of property | 9 |
| has not communicated directly with the holder of the | 10 |
| property, and has not otherwise indicated an interest in or | 11 |
| claimed the property, the property will be delivered to a | 12 |
| state administered unclaimed property program. Upon such | 13 |
| delivery, the owner will be able to recover the property | 14 |
| from the state administered program without charge by the | 15 |
| state. The unclaimed asset referred to in this Agreement | 16 |
| has not yet been reported or remitted to any state | 17 |
| unclaimed property office. Since you reside (or resided) in | 18 |
| Illinois, you may obtain information about the Illinois | 19 |
| unclaimed property program by logging onto its website at | 20 |
| www.treasurer.il.gov. | 21 |
| A person or company may not charge a fee greater than | 22 |
| 25% of the property's value for the recovery of that | 23 |
| property where the property is not yet reportable under | 24 |
| this Act and the designated owner of that property, as | 25 |
| reflected within the books and records of the holder, is | 26 |
| living. |
|
|
|
09500SB2636ham002 |
- 6 - |
LRB095 18910 AJO 51607 a |
|
| 1 |
| A person or company may not charge a fee greater than | 2 |
| 33% of the property's value for the recovery of that | 3 |
| property where the property is not yet reportable under | 4 |
| this Act and the recovery of that property involves | 5 |
| documentation of the owner's death or any elements of | 6 |
| estate or trust administration. | 7 |
| (Source: P.A. 95-613, eff. 9-11-07.)".
|
|