Full Text of SB0683 101st General Assembly
SB0683sam001 101ST GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 3/8/2019
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| 1 | | AMENDMENT TO SENATE BILL 683
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 683 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Sections 2-45 and 4-20 as follows:
| 6 | | (35 ILCS 200/2-45)
| 7 | | Sec. 2-45.
Selection and eligibility of township and | 8 | | multi-township
assessors.
| 9 | | (a) In all counties
under township organization, township | 10 | | or multi-township assessors shall
be qualified as required by | 11 | | subsections (b) through (d) of this Section and
shall be | 12 | | elected as provided in this Code. Township or multi-township
| 13 | | assessors shall enter upon their duties on January 1 following | 14 | | their election,
and perform the duties of the office for 4 | 15 | | years.
| 16 | | (b) Beginning December 1, 1996, in any township or |
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| 1 | | multi-township
assessment
district not subject to the | 2 | | requirements of subsections (c) or (d) of this
Section, no | 3 | | person is eligible to file nomination papers or participate as | 4 | | a
candidate in any caucus or primary or general election for, | 5 | | or be appointed to
fill vacancies in, the office of township or | 6 | | multi-township assessor, unless he
or she (i) has successfully | 7 | | completed an introductory course in assessment
practices that | 8 | | is approved by the Department; or (ii) possesses at least one | 9 | | of
the qualifications listed in paragraphs (1) through (6) of
| 10 | | subsection (c) of
this Section. The candidate cannot file | 11 | | nominating papers or participate as a
candidate unless a copy | 12 | | of the certificate of his or her qualifications is
filed with | 13 | | the township clerk, board
of election commissioners, or other | 14 | | appropriate authority as required by the
Election Code. The | 15 | | candidate cannot be appointed to fill a vacancy until he or
she | 16 | | has filed a copy of the certificate of his or her | 17 | | qualifications
with the appointing authority.
| 18 | | (c) Beginning December 1, 1996, in a township or | 19 | | multi-township assessment
district with $25,000,000 or more of | 20 | | non-farm equalized assessed value or
$1,000,000 or more in | 21 | | commercial and industrial equalized assessed value, no
person | 22 | | is eligible to file nomination papers or participate as a | 23 | | candidate in
any caucus or primary or general election for, or | 24 | | be appointed to fill
vacancies in, the office of township or | 25 | | multi-township assessor, unless he or
she possesses at least | 26 | | one of the qualifications listed in paragraphs (1)
through (6) |
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| 1 | | of this subsection (c).
| 2 | | (1) a Certified Illinois Assessing Officer certificate | 3 | | from the Illinois
Property Assessment Institute with | 4 | | current additional 30 class hours as
required for | 5 | | additional compensation under Section 4-10;
| 6 | | (2) (A) A Certified Illinois Assessing Officer | 7 | | certificate from the
Illinois Property Assessment | 8 | | Institute with a minimum of 300 additional hours
of | 9 | | successfully completed courses approved by the Department, | 10 | | if at least 150
of the course hours required a written | 11 | | examination; and
| 12 | | (B) within the 4 years preceding the election, | 13 | | successful completion of
at least 15 class hours of | 14 | | additional training in courses that must be approved
by the | 15 | | Department, including but not limited to, assessment, | 16 | | appraisal, or
computer courses, and that may be offered by | 17 | | accredited universities, colleges,
or community colleges;
| 18 | | (3) a Certified Assessment Evaluator designation from | 19 | | the International
Association of Assessing Officers;
| 20 | | (4) certification as a Member of the Appraisal | 21 | | Institute, Senior Real
Estate Analyst, or Senior Real | 22 | | Property Appraiser from the Appraisal Institute
or its | 23 | | predecessor organization;
| 24 | | (5) a professional designation by any other appraisal | 25 | | or assessing
association approved by the Department; or
| 26 | | (6) if the person has served as a township or |
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| 1 | | multi-township assessor for
12 years or more, a Certified | 2 | | Illinois Assessing Official certificate from the
Illinois | 3 | | Property Assessment Institute with a minimum of 360 | 4 | | additional hours
of
successfully completed courses | 5 | | approved by the Department, if at least 180 of
the
course | 6 | | hours required a written examination.
| 7 | | The candidate cannot file nominating papers or participate | 8 | | as a candidate
unless a copy of the certificate of his or her
| 9 | | qualifications is filed with the township clerk, board
of | 10 | | election commissioners, or other appropriate authority as | 11 | | required by the
Election Code. The candidate cannot be | 12 | | appointed to fill a vacancy until he or
she has filed a copy of | 13 | | the certificate of his or her qualifications
with the | 14 | | appointing authority.
| 15 | | (d) Beginning December 1, 2000, in a township or | 16 | | multi-township assessment
district with more than $10,000,000 | 17 | | and less than $25,000,000 of non-farm
equalized assessed value | 18 | | and less than $1,000,000 in commercial and industrial
equalized | 19 | | assessed value, no person who has previously been elected as | 20 | | township
or multi-township assessor in any such township or | 21 | | multi-township assessment
district is eligible to file | 22 | | nomination papers or participate as a candidate
in any caucus | 23 | | or primary or general election for the office of township or
| 24 | | multi-township assessor, unless he or she possesses at least | 25 | | one of the
qualifications
listed in paragraphs (1) through (6) | 26 | | of subsection (c) of this
Section. The
candidate cannot file |
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| 1 | | nominating papers or participate as a candidate unless a
copy | 2 | | of the certificate of his or her qualifications is
filed with | 3 | | the township clerk, board of election
commissioners, or other | 4 | | appropriate authority as required by the Election Code.
| 5 | | (e) If any person files nominating papers for candidacy for | 6 | | the office
of township or multi-township assessor without also | 7 | | filing a copy of the
certificate as required by this Section, | 8 | | the clerk of the township, the
board of election commissioners, | 9 | | or other appropriate authority as required
by the Election Code | 10 | | shall refuse to certify the name of the person
as a candidate | 11 | | to the proper election officials.
| 12 | | If no candidate for election meets the above qualifications | 13 | | there shall
be no election and the town board of trustees or | 14 | | multi-township board of
trustees shall appoint or contract with | 15 | | a person under Section 2-60.
| 16 | | (f) Notwithstanding any other provision of law, no person | 17 | | may serve as a township or multi-township
assessor if that | 18 | | person or a member of that person's immediate family is engaged | 19 | | in business as a real estate agent or broker in the territory | 20 | | over which the township or multi-township assessor has | 21 | | jurisdiction. As used in this Section, "immediate family" means | 22 | | the person's parent, child, spouse, or sibling. | 23 | | (g) As used in this Section only, "non-farm equalized | 24 | | assessed value" means the
total equalized assessed value in the | 25 | | township or multi-township assessment
district as reported to
| 26 | | the Department under Section 18-225 after removal of homestead |
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| 1 | | exemptions, and
after removal of the equalized assessed value | 2 | | reported as farm or minerals
to the Department under Section | 3 | | 18-225.
| 4 | | For purposes of this Section only, "file nomination papers" | 5 | | also includes
having nomination papers filed on behalf of the | 6 | | candidate by another person.
| 7 | | (Source: P.A. 93-188, eff. 7-11-03.)
| 8 | | (35 ILCS 200/4-20)
| 9 | | Sec. 4-20. Additional compensation based on performance. | 10 | | (a) Any assessor in
a county counties with less than | 11 | | 3,000,000 but more than 50,000 inhabitants who was elected | 12 | | prior to the effective date of this amendatory Act of the 101st | 13 | | General Assembly each
year may petition the Department each | 14 | | year to receive additional compensation based on
performance. | 15 | | To receive additional compensation, the official's assessment
| 16 | | jurisdiction must meet the following criteria:
| 17 | | (1) the median level of assessment must be no more than
| 18 | | 35 1/3% and no less than 31 1/3% of fair cash value of | 19 | | property
in his or her assessment jurisdiction; and
| 20 | | (2) the coefficient of dispersion must not be greater | 21 | | than 15%.
| 22 | | For purposes of this Section, "coefficient of dispersion" means | 23 | | the average
deviation of all assessments from the median level.
| 24 | | For purposes of this Section, the number of inhabitants shall | 25 | | be determined
by the latest federal decennial census. When the |
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| 1 | | most
recent census shows an increase in inhabitants to over | 2 | | 50,000 or a decrease
to 50,000 or fewer, then the
assessment | 3 | | year used to compute the coefficient of dispersion and the most
| 4 | | recent year of the 3-year average level of assessments is the | 5 | | year that
determines qualification for additional
| 6 | | compensation.
The Department will
promulgate rules and | 7 | | regulations to determine whether an assessor meets these
| 8 | | criteria.
| 9 | | With respect to assessors who are elected on or after the | 10 | | effective date of this amendatory Act of the 101st General | 11 | | Assembly, the township board of any township with an assessor | 12 | | who meets the criteria for additional compensation set forth in | 13 | | this subsection may petition the Department for additional | 14 | | funding based on the assessor's performance. | 15 | | (b) Any assessor in a county of 50,000 or fewer inhabitants | 16 | | who was elected prior to the effective date of this amendatory | 17 | | Act of the 101st General Assembly may
petition the
Department | 18 | | for consideration to receive additional compensation each year
| 19 | | based on performance. In order to receive the additional | 20 | | compensation, the
assessments in the official's assessment | 21 | | jurisdiction must meet the following
criteria: (i) the median | 22 | | level of assessments must be no more than 35 1/3% and
no less | 23 | | than 31 1/3% of fair cash value of property in his or her | 24 | | assessment
jurisdiction; and (ii) the coefficient of | 25 | | dispersion must not be greater than
40% in 1994, 38% in 1995, | 26 | | 36% in 1996, 34% in 1997, 32% in 1998, and 30% in
1999 and every |
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| 1 | | year thereafter.
| 2 | | With respect to assessors who are elected on or after the | 3 | | effective date of this amendatory Act of the 101st General | 4 | | Assembly, the township board of any township with an assessor | 5 | | who meets the criteria for additional compensation set forth in | 6 | | this subsection may petition the Department for additional | 7 | | funding based on the assessor's performance. | 8 | | (c) Real estate transfer declarations used by the | 9 | | Department in annual
sales-assessment ratio studies will be | 10 | | used to evaluate applications for
additional compensation. The | 11 | | Department will audit other property to determine
if the | 12 | | sales-assessment ratio study data is representative of the | 13 | | assessment
jurisdiction. If the ratio study is found not | 14 | | representative, appraisals and
other information may be | 15 | | utilized. If the ratio study is representative, upon
| 16 | | certification by the Department, the assessor shall receive | 17 | | additional
compensation of $3,000 for that year, to be paid out | 18 | | of funds appropriated to
the Department from the Personal | 19 | | Property Tax Replacement Fund.
| 20 | | (d) As used in this Section, "assessor" means any township | 21 | | or multi-township
assessor, or supervisor of assessments.
| 22 | | (Source: P.A. 97-72, eff. 7-1-11.)".
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