Full Text of HB0505 97th General Assembly
HB0505ham001 97TH GENERAL ASSEMBLY | Rep. Arthur Turner Filed: 4/11/2011
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| 1 | | AMENDMENT TO HOUSE BILL 505
| 2 | | AMENDMENT NO. ______. Amend House Bill 505 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Section 9-265 as follows:
| 6 | | (35 ILCS 200/9-265)
| 7 | | Sec. 9-265. Omitted property; interest; change in exempt | 8 | | use or ownership.
If any property is omitted in the assessment | 9 | | of any year or years, not to exceed the current assessment year | 10 | | and 3 prior years, so that the
taxes, for which the property | 11 | | was liable, have not been paid, or if by reason
of defective | 12 | | description or assessment, taxes on any property for any year | 13 | | or
years have not been paid, or if any taxes are refunded under | 14 | | subsection (b) of
Section 14-5 because the taxes were assessed | 15 | | in the wrong person's name, the
property, when discovered, | 16 | | shall be listed and assessed by the board of review
or, in |
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| 1 | | counties with 3,000,000 or more inhabitants, by the county | 2 | | assessor
either on his
or her own initiative or when so | 3 | | directed by the board of appeals or board of
review. The
board | 4 | | of review in counties with less than 3,000,000 inhabitants or | 5 | | the
county assessor in counties with 3,000,000 or more | 6 | | inhabitants may
develop reasonable procedures for contesting | 7 | | the listing of omitted
property under this Division. For | 8 | | purposes
of this Section, "defective description or | 9 | | assessment" includes a description
or assessment which omits | 10 | | all the improvements thereon as a result of which
part of the | 11 | | taxes on the total value of the property as improved remain | 12 | | unpaid.
In the case of property subject to assessment by the | 13 | | Department, the property
shall be listed and assessed by the | 14 | | Department. All such property shall be
placed on the assessment | 15 | | and tax books. The arrearages of taxes which might
have been | 16 | | assessed, with 10% interest thereon for each year or portion | 17 | | thereof
from 2 years after the time the first correct tax bill | 18 | | ought to have been
received, shall be charged against the | 19 | | property by the county clerk.
| 20 | | When property or acreage omitted by either incorrect survey | 21 | | or other
ministerial assessor error is discovered and the owner | 22 | | has paid its tax
bills as received for the year or years of | 23 | | omission of the parcel, then the
interest authorized by this | 24 | | Section shall not be chargeable to the owner.
However, nothing | 25 | | in this Section shall prevent the collection of the principal
| 26 | | amount of back taxes due and owing.
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| 1 | | If any property listed as exempt by the chief county | 2 | | assessment officer
has a change in use, a change in leasehold | 3 | | estate, or a change in titleholder
of record by purchase, | 4 | | grant, taking or transfer, it shall be the obligation
of the | 5 | | transferee to notify the chief county assessment officer in | 6 | | writing
within 90 days of the change. If mailed, the notice | 7 | | shall be sent by certified mail,
return receipt requested, and | 8 | | shall include the name and address of the
taxpayer, the legal | 9 | | description of the property, and the property index number
of | 10 | | the property when an index number exists. If notice is provided | 11 | | in person, it shall be provided on a form prescribed
by the | 12 | | chief county assessment officer, and the chief county | 13 | | assessment
officer shall provide a date stamped copy of the | 14 | | notice. Except as
provided in item (6) of subsection (a) of | 15 | | Section 9-260, item (6) of
Section 16-135, and item (6) of | 16 | | Section 16-140 of this Code, if the failure to give the
| 17 | | notification results in the assessing official continuing to | 18 | | list the property
as exempt in subsequent years, the property | 19 | | shall be considered omitted
property for purposes of this Code.
| 20 | | If, upon determination by the chief county assessment | 21 | | officer, any property that was not eligible to receive a | 22 | | homestead exemption under Article 15 of this Code was | 23 | | erroneously granted a homestead exemption in any year or years | 24 | | not to exceed the current assessment year and 10 prior years, | 25 | | then the chief county assessment officer shall cause to be | 26 | | served upon the property owner a notice of intent to record a |
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| 1 | | tax lien against the property with respect to which the | 2 | | erroneous homestead exemption was granted. The notice shall | 3 | | identify the property against which the lien is being sought. | 4 | | Such a lien may not be filed sooner than 30 days after the | 5 | | property owner receives notice. In addition, the arrearages of | 6 | | taxes that might
have been assessed, plus a penalty of 50% of | 7 | | the total amount of unpaid taxes for each year and 15% interest | 8 | | per annum, shall be charged against the property by the county | 9 | | clerk. If the erroneous homestead exemption was granted as a | 10 | | result of a clerical error or omission on the part of the chief | 11 | | county assessment officer, and if the owner has paid its tax
| 12 | | bills as received for the year or years in which the error | 13 | | occurred, then the
interest and penalties authorized by this | 14 | | Section shall not be chargeable to the owner.
However, nothing | 15 | | in this Section shall prevent the collection of the principal
| 16 | | amount of back taxes due and owing. | 17 | | (Source: P.A. 96-1553, eff. 3-10-11.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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