Full Text of SB1061 101st General Assembly
SB1061sam001 101ST GENERAL ASSEMBLY | Sen. Jim Oberweis Filed: 5/29/2019
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| 1 | | AMENDMENT TO SENATE BILL 1061
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1061 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Open Meetings Act is amended by changing | 5 | | Sections 2.02 and 4 as follows:
| 6 | | (5 ILCS 120/2.02) (from Ch. 102, par. 42.02)
| 7 | | Sec. 2.02. Public notice of all meetings, whether open or | 8 | | closed to
the public, shall be given as follows:
| 9 | | (a) Every public body shall give public notice
of the | 10 | | schedule of regular meetings at the beginning of each calendar | 11 | | or fiscal
year and shall state the regular dates, times, and | 12 | | places of such meetings.
An agenda for each regular meeting | 13 | | shall be posted at the principal office of
the public body and | 14 | | at the location where the meeting is to be held at least 48 | 15 | | hours in
advance of the holding of the meeting. A public body | 16 | | that has a website that the full-time staff of the public body |
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| 1 | | maintains shall also post on its website the agenda of any | 2 | | regular meetings of the governing body of that public body. Any | 3 | | agenda of a regular meeting that is posted on a public body's | 4 | | website shall remain posted on the website until the regular | 5 | | meeting is concluded. The requirement of a regular
meeting | 6 | | agenda shall not preclude the consideration of items not | 7 | | specifically
set forth in the agenda.
Public
notice of any | 8 | | special meeting except a meeting held in the event of a
bona | 9 | | fide emergency, or of any rescheduled regular meeting, or of | 10 | | any
reconvened meeting, shall be given at least 48 hours before | 11 | | such
meeting, which notice shall also include the agenda for | 12 | | the special,
rescheduled,
or reconvened meeting, but the | 13 | | validity of any action taken by the public
body which is | 14 | | germane to a subject on the agenda shall not be affected by
| 15 | | other errors or omissions in the agenda. The requirement
of | 16 | | public notice of reconvened meetings does
not apply to any case | 17 | | where the meeting was open to the public and (1)
it is to be | 18 | | reconvened within 24 hours, or (2) an announcement of
the time | 19 | | and place of the reconvened meeting was
made at the original | 20 | | meeting and there is no change in the agenda. Notice
of an | 21 | | emergency meeting shall be given as soon as practicable, but in | 22 | | any
event prior to the holding of such meeting, to any news | 23 | | medium which has
filed an annual request for notice under | 24 | | subsection (b) of this Section.
| 25 | | (b) Public notice shall be given by posting a copy of the | 26 | | notice at the
principal office of the body holding the meeting |
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| 1 | | or, if no such office exists,
at the building in which the | 2 | | meeting
is to be held. In addition, a public body that has a | 3 | | website that the full-time staff of the public body maintains | 4 | | shall post notice on its website of all meetings of the | 5 | | governing body of the public body. Any notice of an annual | 6 | | schedule of meetings shall remain on the website until a new | 7 | | public notice of the schedule of regular meetings is approved. | 8 | | Any notice of a regular meeting that is posted on a public | 9 | | body's website shall remain posted on the website until the | 10 | | regular meeting is concluded. The body shall supply copies of | 11 | | the notice of its regular
meetings, and of the notice of any | 12 | | special,
emergency, rescheduled or reconvened meeting, to any | 13 | | news medium
that has filed an annual request for such notice. | 14 | | Any such news
medium shall also be given the same notice of all | 15 | | special,
emergency, rescheduled or reconvened meetings in the | 16 | | same manner as
is given to members of the body provided such | 17 | | news medium has given the
public body an address or telephone | 18 | | number within the territorial jurisdiction
of the public body | 19 | | at which such notice may be given. The failure of a public body | 20 | | to post on its website notice of any meeting or the agenda of | 21 | | any meeting shall not invalidate any meeting or any actions | 22 | | taken at a meeting.
| 23 | | (c) Any agenda required under this Section shall set forth | 24 | | the general subject matter of any resolution or ordinance that | 25 | | will be the subject of final action at the meeting. The public | 26 | | body conducting a public meeting shall ensure that at least one |
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| 1 | | copy of any requested notice and agenda for the meeting is | 2 | | continuously available for public review during the entire | 3 | | 48-hour period preceding the meeting. Posting of the notice and | 4 | | agenda on a website that is maintained by the public body | 5 | | satisfies the requirement for continuous posting under this | 6 | | subsection (c). If a notice or agenda is not continuously | 7 | | available for the full 48-hour period due to actions outside of | 8 | | the control of the public body, then that lack of availability | 9 | | does not invalidate any meeting or action taken at a meeting. | 10 | | (Source: P.A. 97-827, eff. 1-1-13.)
| 11 | | (5 ILCS 120/4) (from Ch. 102, par. 44)
| 12 | | Sec. 4.
| 13 | | (a) Any person violating any of the provisions of this Act, | 14 | | except subsection (b), (c), (d), (e), or (f) of Section 1.05, | 15 | | shall be guilty
of a Class C misdemeanor.
| 16 | | (b) If a public body fails to post any notice on its | 17 | | website, then any person may file suit in the circuit court of | 18 | | the county where the public body is located. The person may | 19 | | bring a mandamus or injunction action to compel the unit of | 20 | | local government to comply with the requirement to post the | 21 | | notice on its website. | 22 | | If the court determines that a public body has failed to | 23 | | post the notice on its website in accordance with Section 2.02, | 24 | | the court shall impose on the public body a civil penalty of | 25 | | not less than $500 for the first violation and $1,250 for each |
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| 1 | | subsequent violation. If a person prevails in a proceeding | 2 | | under this Section, the court shall also award the person | 3 | | reasonable attorney's fees and costs. The court may impose an | 4 | | additional penalty of up to $500 for each day this violation | 5 | | continues if the public body fails to comply with the court's | 6 | | order after 30 days. | 7 | | In this Section, "prevails" means: (i) the party obtains | 8 | | some of his or her requested relief through a judicial order in | 9 | | his or her favor or through any settlement agreement approved | 10 | | by the court; or (ii) the pursuit of a nonfrivolous claim was a | 11 | | catalyst for a unilateral change in position by the opposing | 12 | | party relative to the relief sought. | 13 | | (Source: P.A. 97-504, eff. 1-1-12; 97-1153, eff. 1-25-13; | 14 | | 98-900, eff. 8-15-14.)
| 15 | | Section 10. The Property Tax Code is amended by changing | 16 | | Sections 12-10, 12-30, 18-75, 18-120, and 27-30 as follows:
| 17 | | (35 ILCS 200/12-10)
| 18 | | Sec. 12-10. Publication of assessments; counties of less | 19 | | than 3,000,000. | 20 | | (a) In
counties with less than 3,000,000 inhabitants, as | 21 | | soon as the chief county
assessment officer has completed the | 22 | | assessment in the county or in the
assessment district, he or | 23 | | she shall, in each year of a general assessment,
publish for | 24 | | the county or assessment district a complete list of the
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| 1 | | assessment, by townships if so organized. In years other than | 2 | | years of a
general assessment, the chief county assessment | 3 | | officer shall publish a list of
property for which assessments | 4 | | have been added or changed since the preceding
assessment, | 5 | | together with the amounts of the assessments, except that
| 6 | | publication of individual assessment changes shall not be | 7 | | required if the
changes result from equalization by the | 8 | | supervisor of assessments under Section
9-210, or Section | 9 | | 10-200, in which case the list shall include a general
| 10 | | statement indicating that assessments have been changed | 11 | | because of the
application of an equalization factor and shall | 12 | | set forth the percentage of
increase or decrease represented by | 13 | | the factor. The publication shall be made
on or before December | 14 | | 31 of that year, and shall be printed in some public
newspaper | 15 | | or newspapers published in the county. In every township or
| 16 | | assessment district in which there is published one or more | 17 | | newspapers of
general circulation, the list of that township | 18 | | shall be published in one of the
newspapers.
| 19 | | (b) Notwithstanding any other provision of law, for each | 20 | | parcel for which an individual notification meeting the | 21 | | requirements of Section 12-30 was mailed to the taxpayer, | 22 | | publication of an individual listing of assessment in a | 23 | | newspaper of general circulation is not required beginning with | 24 | | the 2020 valuation year, so long as the list as described in | 25 | | subsection (a) above is published on a county-controlled | 26 | | website. |
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| 1 | | (c) At the top of the list of assessments there shall be a | 2 | | notice in
substantially the following form printed in type no | 3 | | smaller than eleven point:
| 4 | | "NOTICE TO TAXPAYERS
| 5 | | Median Level of Assessment--(insert here the median level | 6 | | of assessment
for the assessment district)
| 7 | | Your property is to be assessed at the above listed median | 8 | | level of
assessment for the assessment district. You may check | 9 | | the accuracy of your
assessment by dividing your assessment by | 10 | | the median level of assessment. The
resulting value should | 11 | | equal the estimated fair cash value of your property.
If the | 12 | | resulting value is greater than the estimated fair cash value | 13 | | of your
property, you may be over-assessed. If the resulting | 14 | | value is less than the
fair cash value of your property, you | 15 | | may be under-assessed. You may appeal
your assessment to the | 16 | | Board of Review."
| 17 | | (d) The notice published under this Section shall also | 18 | | include the following: | 19 | | (1) A statement advising the taxpayer that assessments | 20 | | of property, other than farm land and coal, are required by | 21 | | law to be assessed at 33 1/3% of fair market value. | 22 | | (2) The name, address, phone number, office hours, and, | 23 | | if one exists, the website address of the assessor. | 24 | | (3) A statement advising the taxpayer of the steps to | 25 | | follow if the taxpayer believes the full fair market value | 26 | | of the property is incorrect or believes the assessment is |
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| 1 | | not uniform with other comparable properties in the same | 2 | | neighborhood. The statement shall also (i) advise all | 3 | | taxpayers to contact the township assessor's office, in | 4 | | those counties under township organization, first to | 5 | | review the assessment, (ii) advise all taxpayers to file an | 6 | | appeal with the board of review if not satisfied with the | 7 | | assessor review, and (iii) give the phone number to call | 8 | | for a copy of the board of review rules; if the Board of | 9 | | Review maintains a web site, the notice must also include | 10 | | the address of the website where the Board of Review rules | 11 | | can be viewed. | 12 | | (4) A statement advising the taxpayer that there is a | 13 | | deadline date for filing an appeal with the board of review | 14 | | and indicating that deadline date (30 days following the | 15 | | scheduled publication date). | 16 | | (5) A brief explanation of the relationship between the | 17 | | assessment and the tax bill. | 18 | | (6) In bold type, a notice of possible eligibility for | 19 | | the various homestead exemptions as provided in Section | 20 | | 15-165 through Section 15-175 and Section 15-180. | 21 | | (e) The newspaper shall furnish to the local assessment | 22 | | officers as many
copies of the paper containing the assessment | 23 | | list as they may require.
| 24 | | (Source: P.A. 97-146, eff. 7-14-11.)
| 25 | | (35 ILCS 200/12-30)
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| 1 | | Sec. 12-30. Mailed notice of changed assessments; counties | 2 | | of less than
3,000,000. | 3 | | (a) In every county with less than 3,000,000 inhabitants, | 4 | | in addition to
the publication of the list of assessments in | 5 | | each year of a general assessment
and of the list of property | 6 | | for which assessments have been added or changed,
as provided | 7 | | above, a notice shall be mailed by the chief county assessment
| 8 | | officer to each taxpayer whose assessment has been changed | 9 | | since the last
preceding assessment, using the address as it | 10 | | appears on the assessor's
records, except in the case of | 11 | | changes caused by a change in the county
equalization factor by | 12 | | the Department or in the case of changes resulting
from | 13 | | equalization by the chief county assessment officer under | 14 | | Section 9-210,
during any year such change is made. The notice | 15 | | may, but need not be, sent by a
township assessor. | 16 | | (b) The notice sent under this Section shall include the | 17 | | following: | 18 | | (1) The previous year's assessed value after board of | 19 | | review equalization. | 20 | | (2) Current assessed value and the date of that | 21 | | valuation. | 22 | | (3) The percentage change from the previous assessed | 23 | | value to the current assessed value. | 24 | | (4) The full fair market value (as indicated by | 25 | | dividing the current assessed value by the median level of | 26 | | assessment in the assessment district as determined by the |
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| 1 | | most recent 3 year assessment to sales ratio study adjusted | 2 | | to take into account any changes in assessment levels since | 3 | | the data for the studies were collected). | 4 | | (5) A statement advising the taxpayer that assessments | 5 | | of property, other than farm land and coal, are required by | 6 | | law to be assessed at 33 1/3% of fair market value. | 7 | | (6) The name, address, phone number, office hours, and, | 8 | | if one exists, the website address of the assessor. | 9 | | (7) Where practicable, the notice shall include the | 10 | | reason for any increase in the property's valuation. | 11 | | (8) The name and price per copy by mail of the | 12 | | newspaper in which the list of assessments will be | 13 | | published and the scheduled publication date. | 14 | | (9) A statement advising the taxpayer of the steps to | 15 | | follow if the taxpayer believes the full fair market value | 16 | | of the property is incorrect or believes the assessment is | 17 | | not uniform with other comparable properties in the same | 18 | | neighborhood. The statement shall also (i) advise all | 19 | | taxpayers to contact the township assessor's office, in | 20 | | those counties under township organization, first to | 21 | | review the assessment, (ii) advise all taxpayers to file an | 22 | | appeal with the board of review if not satisfied with the | 23 | | assessor review, and (iii) give the phone number to call | 24 | | for a copy of the board of review rules. | 25 | | (10) A statement advising the taxpayer that there is a | 26 | | deadline date for filing an appeal with the board of review |
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| 1 | | and indicating that deadline date (30 days following the | 2 | | scheduled publication date). | 3 | | (11) A brief explanation of the relationship between | 4 | | the assessment and the tax bill (including an explanation | 5 | | of the equalization factors) and an explanation that the | 6 | | assessment stated for the preceding year is the assessment | 7 | | after equalization by the board of review in the preceding | 8 | | year. | 9 | | (12) In bold type, a notice of possible eligibility for | 10 | | the
various homestead exemptions as provided in Section | 11 | | 15-165
through Section 15-175 and Section 15-180. | 12 | | (c) In addition to the requirements of subsection (b) of | 13 | | this Section, in every county with less than 3,000,000 | 14 | | inhabitants, where the chief county assessment officer | 15 | | maintains and controls an electronic database containing the | 16 | | physical characteristics of the property, the notice shall | 17 | | include the following: | 18 | | (1) The physical characteristics of the taxpayer's | 19 | | property that are available from that database; or | 20 | | (2) A statement advising the taxpayer that detailed | 21 | | property characteristics are available on the county | 22 | | website and the URL address of that website. | 23 | | (d) In addition to the requirements of subsection (b) of | 24 | | this Section, in every county with less than 3,000,000 | 25 | | inhabitants, where the chief county assessment officer does not | 26 | | maintain and control an electronic database containing the |
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| 1 | | physical characteristics of the property, and where one or more | 2 | | townships in the county maintain and control an electronic | 3 | | database containing the physical characteristics of the | 4 | | property and some or all of the database is available on a | 5 | | website that is maintained and controlled by the township, the | 6 | | notice shall include a statement advising the taxpayer that | 7 | | detailed property characteristics are available on the | 8 | | township website and the URL address of that website. | 9 | | (e) Except as provided in this Section, the form and manner | 10 | | of
providing the information and explanations required to be in | 11 | | the notice shall
be prescribed by the Department.
| 12 | | (Source: P.A. 96-122, eff. 1-1-10.)
| 13 | | (35 ILCS 200/18-75)
| 14 | | Sec. 18-75. Notice; place of publication. If the taxing | 15 | | district is
located entirely in one county, the notice shall be | 16 | | published in an English
language newspaper of general | 17 | | circulation published in the taxing district, or
if there is no | 18 | | such newspaper, in an English language newspaper of general
| 19 | | circulation published in the county and having circulation in | 20 | | the taxing
district.
| 21 | | If the taxing district is located primarily in one county | 22 | | but extends into
smaller portions of adjoining counties, the | 23 | | notice shall be published in
a newspaper of general circulation | 24 | | published in the taxing district, or
if there is no such | 25 | | newspaper, in a newspaper of general circulation published
in |
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| 1 | | each county in which any part of the district is located.
| 2 | | If the taxing district includes all or a large portion of 2 | 3 | | or more counties,
the notice shall be published in a newspaper | 4 | | of general circulation published
in each county in which any | 5 | | part of the district is located.
| 6 | | If a taxing district has a website maintained by the | 7 | | full-time staff of the taxing district, then the notice may | 8 | | shall be posted on the website in fulfillment of in addition to | 9 | | the other notice requirements of this Section. The failure of a | 10 | | taxing district to post the notice on its website shall not | 11 | | invalidate the notice or any action taken on the tax levy. | 12 | | (Source: P.A. 99-367, eff. 1-1-16 .)
| 13 | | (35 ILCS 200/18-120)
| 14 | | Sec. 18-120. Increase or decrease of rate limit. This Sec. | 15 | | applies
only to rates which are specifically made subject to | 16 | | increase or decrease
according to the referendum provisions of | 17 | | the General Revenue Law of
Illinois. The question of | 18 | | establishing a maximum tax rate limit other than that
| 19 | | applicable to the next taxes to be extended may be presented to | 20 | | the legal
voters of any taxing district by resolution of the | 21 | | corporate authorities of the
taxing district at any regular | 22 | | election. Whenever any taxing district
establishes a maximum | 23 | | tax rate lower than that otherwise applicable, it shall
publish | 24 | | the ordinance or resolution establishing the maximum tax rate | 25 | | in one or
more newspapers in the district within 10 days after |
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| 1 | | the maximum tax rate is
established. If no newspaper is | 2 | | published in the district, the ordinance or
resolution shall be | 3 | | published in a newspaper having general circulation within
the | 4 | | district. The publication requirement may also be satisfied by | 5 | | publication of the ordinance or resolution on the taxing | 6 | | district's website within 10 days after the maximum tax rate is | 7 | | established. The publication of the ordinance or resolution | 8 | | shall include a
notice of (a) the specific number of voters | 9 | | required to sign a petition
requesting that the question of the | 10 | | adoption of the maximum tax rate be
submitted to the voters of | 11 | | the district; (b) the time within which the petition
must be | 12 | | filed; and (c) the date of the prospective referendum. The | 13 | | district
clerk or secretary shall provide a petition form to | 14 | | any individual requesting
one.
| 15 | | Either in response to the taxing district's publication or | 16 | | by the voters'
own initiative, the question of establishing a | 17 | | maximum tax rate lower than that
in effect shall be submitted | 18 | | to the voters of any taxing district at the
regular election | 19 | | for officers of the taxing district in accordance with the
| 20 | | general election law, but only if the voters have submitted a | 21 | | petition signed
by not fewer than 10% of the legal voters in | 22 | | the taxing district. That
percentage shall be based on the | 23 | | number of votes cast at the last general
election preceding the | 24 | | filing of the petition. The petition shall specify the
tax rate | 25 | | to be submitted. The petition shall be filed with the clerk,
| 26 | | secretary or other recording officer of the taxing district not |
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| 1 | | more than 10
months nor less than 6 months prior to the | 2 | | election at which the question is to
be submitted to the | 3 | | voters, and its validity shall be determined as provided by
the | 4 | | general election law. The officer receiving the petition shall | 5 | | certify the
question to the proper election officials, who | 6 | | shall submit the question to the
voters.
| 7 | | Notice shall be given in the manner provided by the general | 8 | | election law.
| 9 | | (Source: P.A. 86-1253; 88-455.)
| 10 | | (35 ILCS 200/27-30)
| 11 | | Sec. 27-30. Manner of notice. Prior to or within 60 days | 12 | | after the adoption
of the ordinance proposing the establishment | 13 | | of a special service area the
municipality or county shall fix | 14 | | a time and a place for a public hearing.
The public hearing | 15 | | shall be held not less than 60 days after the adoption of the | 16 | | ordinance proposing the establishment of a special service | 17 | | area. Notice of the hearing shall be given by publication and | 18 | | mailing, except that
notice of a public hearing to propose the | 19 | | establishment of a special service
area for weather | 20 | | modification purposes may be given by publication only.
Notice | 21 | | by publication shall be given by publication at least once not | 22 | | less than
15 days prior to the hearing in a newspaper of | 23 | | general circulation within the
municipality or county or on the | 24 | | municipality's or county's website . Notice by mailing shall be | 25 | | given by depositing the
notice in the United States mails |
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| 1 | | addressed to the person or persons in whose
name the general | 2 | | taxes for the last preceding year were paid on each property
| 3 | | lying within the special service area. A notice
shall be mailed | 4 | | not less than 10 days prior to the time set for the public
| 5 | | hearing. In the event taxes for the last preceding year were | 6 | | not paid, the
notice shall be sent to the person last listed on | 7 | | the tax rolls prior to
that year as the owner of the property.
| 8 | | (Source: P.A. 97-1053, eff. 1-1-13.)".
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