Full Text of SB0089 96th General Assembly
SB0089ham001 96TH GENERAL ASSEMBLY
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Revenue & Finance Committee
Filed: 4/30/2009
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LRB096 03891 HLH 25927 a |
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| AMENDMENT TO SENATE BILL 89
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| AMENDMENT NO. ______. Amend Senate Bill 89 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Property Tax Code is amended by changing | 5 |
| Section 9-45 as follows:
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| (35 ILCS 200/9-45)
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| Sec. 9-45. Property index number system. The county clerk | 8 |
| in counties of
3,000,000 or more inhabitants and, subject to | 9 |
| the approval of the county board,
the chief county assessment | 10 |
| officer or recorder, in counties of less than
3,000,000 | 11 |
| inhabitants, may establish a property index number system under | 12 |
| which
property may be listed for purposes of assessment, | 13 |
| collection of taxes or
automation of the office of the | 14 |
| recorder. The system may be adopted in addition
to, or instead | 15 |
| of, the method of listing by legal description as provided in
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| Section 9-40. The system shall describe property by township, |
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| section,
block, and parcel or lot, and may cross-reference the | 2 |
| street or post office
address, if any, and street code number, | 3 |
| if any. The county clerk, county
treasurer, chief county | 4 |
| assessment officer or recorder may establish and
maintain cross | 5 |
| indexes of numbers assigned under the system with the complete
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| legal description of the properties to which the numbers | 7 |
| relate. Index numbers
shall be assigned by the county clerk in | 8 |
| counties of 3,000,000 or more
inhabitants, and, at the | 9 |
| direction of the county board in counties with less
than | 10 |
| 3,000,000 inhabitants, shall be assigned by the chief county | 11 |
| assessment
officer or recorder. Tax maps of the county clerk, | 12 |
| county treasurer or chief
county assessment officer shall carry | 13 |
| those numbers. The indexes shall be open
to public inspection | 14 |
| and be made available to the public. Any property index
number | 15 |
| system established prior to the effective date of this Code | 16 |
| shall remain
valid. However, in counties with less than | 17 |
| 3,000,000 inhabitants, the system
may be transferred to another | 18 |
| authority upon the approval of the county board.
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| Any real property used for a power generating or automotive | 20 |
| manufacturing
facility located within a county of less than | 21 |
| 1,000,000 inhabitants, as to
which litigation with respect to | 22 |
| its assessed valuation is pending or was
pending as of January | 23 |
| 1, 1993, may be the subject of a real
property tax assessment | 24 |
| settlement agreement among the taxpayer and taxing
districts in | 25 |
| which it is situated. In addition, any real property that is | 26 |
| (i) used for natural gas extraction and fractionation or olefin |
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| and polymer manufacturing and (ii) located within a county of | 2 |
| less than 1,000,000 inhabitants may be the subject of a real
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| property tax assessment settlement agreement among the | 4 |
| taxpayer and taxing
districts in which the property is situated | 5 |
| with respect to property tax liability for taxable year 2009 | 6 |
| and thereafter if litigation with respect to the assessed | 7 |
| valuation of the property was pending at the time the agreement | 8 |
| was signed. Other appropriate authorities, which
may include | 9 |
| county and State boards or officials, may also be parties to
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| such agreements an agreement . Such agreements an agreement may | 11 |
| include the assessment of the
facility or property for any | 12 |
| years in dispute as well as for up to 10 years in the future.
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| Such agreements an agreement may provide for the settlement of | 14 |
| issues relating to the
assessed value of the facility and may | 15 |
| provide for related payments,
refunds, claims, credits against | 16 |
| taxes and liabilities in respect to past
and future taxes of | 17 |
| taxing districts, including any fund created under
Section | 18 |
| 20-35 of this Act, all implementing the settlement
agreement. | 19 |
| Any such agreement may provide that parties thereto agree not | 20 |
| to
challenge assessments as provided in the agreement. An | 21 |
| agreement entered
into on or after January 1, 1993 may provide | 22 |
| for the classification of property
that is the subject of the | 23 |
| agreement as real or personal during the term of the
agreement | 24 |
| and thereafter. It may also provide that taxing
districts agree | 25 |
| to reimburse the taxpayer for amounts paid by the taxpayer
in | 26 |
| respect to taxes for the real property which is the subject of |
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| the
agreement to the extent levied by those respective | 2 |
| districts, over and
above amounts which would be due if the | 3 |
| facility were to be assessed as
provided in the agreement. Such | 4 |
| reimbursement may be provided in the
agreement to be made by | 5 |
| credit against taxes of the taxpayer. No credits
shall be | 6 |
| applied against taxes levied with respect to debt service or | 7 |
| lease
payments of a taxing district. No referendum approval or | 8 |
| appropriation
shall be required for such an agreement or such | 9 |
| credits and any such
obligation shall not constitute | 10 |
| indebtedness of the taxing district for
purposes of any | 11 |
| statutory limitation. The county collector shall treat
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| credited amounts as if they had been received by the collector | 13 |
| as taxes
paid by the taxpayer and as if remitted to the | 14 |
| district. A county
treasurer who is a party to such an | 15 |
| agreement may agree to hold amounts
paid in escrow as provided | 16 |
| in the agreement for possible use for paying
taxes until | 17 |
| conditions of the agreement are met and then to apply these
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| amounts as provided in the agreement. No such settlement | 19 |
| agreement shall
be effective unless it shall have been approved | 20 |
| by the court in which such
litigation is pending. Any such | 21 |
| agreement which has been entered into
prior to adoption of this | 22 |
| amendatory Act of 1988 and which is contingent
upon enactment | 23 |
| of authorizing legislation shall be binding and enforceable.
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| (Source: P.A. 88-455; 88-535; 88-670, eff. 12-2-94.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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