Full Text of SB1061 101st General Assembly
SB1061sam002 101ST GENERAL ASSEMBLY | Sen. Jim Oberweis Filed: 5/30/2019
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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 | | Section 3 as follows:
| 6 | | (5 ILCS 120/3) (from Ch. 102, par. 43)
| 7 | | Sec. 3.
(a) Where the provisions of this Act are not | 8 | | complied with, or
where there is probable cause to believe that | 9 | | the provisions of this Act
will not be complied with, any | 10 | | person, including the State's Attorney
of the county in which | 11 | | such noncompliance
may occur, may bring a civil action in the | 12 | | circuit court for the judicial
circuit in which the alleged | 13 | | noncompliance has occurred or is about to occur,
or in which | 14 | | the affected public body has its principal office, prior to
or | 15 | | within 60 days of the meeting alleged to be in
violation of | 16 | | this Act or, if facts concerning the meeting are not discovered
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| 1 | | within the 60-day period,
within 60 days of the discovery of a | 2 | | violation by the State's
Attorney or, if the person timely | 3 | | files a request for review under Section 3.5, within 60 days of | 4 | | the decision by the Attorney General to resolve a request for | 5 | | review by a means other than the issuance of a binding opinion | 6 | | under subsection (e) of Section 3.5.
| 7 | | Records that are obtained by a State's Attorney from a | 8 | | public body for purposes of reviewing whether the public body | 9 | | has complied with this Act may not be disclosed to the public. | 10 | | Those records, while in the possession of the State's Attorney, | 11 | | are exempt from disclosure under the Freedom of Information | 12 | | Act. | 13 | | (b) In deciding such a case the court may examine in camera | 14 | | any portion
of the minutes of a meeting at which a violation of | 15 | | the Act is alleged to
have occurred, and may take such | 16 | | additional evidence as it deems necessary.
| 17 | | (c) The court, having due regard for orderly administration | 18 | | and the public
interest, as well as for the interests of the | 19 | | parties, may grant such
relief as it deems appropriate, | 20 | | including granting a relief
by mandamus requiring that a | 21 | | meeting be open
to the public, granting an injunction against | 22 | | future violations of this
Act, ordering the public body to make | 23 | | available to the public such portion
of the minutes of a | 24 | | meeting as is not
authorized to be kept confidential under this | 25 | | Act, or declaring null and
void any final action taken at a | 26 | | closed meeting in violation of this Act.
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| 1 | | (c-5) If the court determines that a public body has | 2 | | willfully and intentionally failed to comply with this Act or | 3 | | has otherwise acted in bad faith, the court may also impose | 4 | | upon the public body a civil penalty of not less than $200 for | 5 | | the first violation, $500 for the second violation, and $1,000 | 6 | | for each subsequent violation. In assessing the civil penalty | 7 | | under this subsection, the court may consider in aggravation or | 8 | | mitigation the budget of the public body and whether the public | 9 | | body has previously been assessed penalties for a violation of | 10 | | this Act. | 11 | | (d) The court may assess against any party, except a | 12 | | State's Attorney,
reasonable attorney's fees and other | 13 | | litigation costs reasonably incurred
by any other party who | 14 | | substantially prevails in any action brought in
accordance with | 15 | | this Section, provided that costs may be assessed against
any | 16 | | private party or parties bringing an action pursuant to this | 17 | | Section
only upon the court's determination that the action is | 18 | | malicious or frivolous
in nature.
| 19 | | (Source: P.A. 99-714, eff. 8-5-16.)
| 20 | | Section 10. The Property Tax Code is amended by changing | 21 | | Sections 12-10, 12-30, 18-75, and 27-30 as follows:
| 22 | | (35 ILCS 200/12-10)
| 23 | | Sec. 12-10. Publication of assessments; counties of less | 24 | | than 3,000,000. |
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| 1 | | (a) In
counties with less than 3,000,000 inhabitants, as | 2 | | soon as the chief county
assessment officer has completed the | 3 | | assessment in the county or in the
assessment district, he or | 4 | | she shall, in each year of a general assessment,
publish for | 5 | | the county or assessment district a complete list of the
| 6 | | assessment, by townships if so organized. In years other than | 7 | | years of a
general assessment, the chief county assessment | 8 | | officer shall publish a list of
property for which assessments | 9 | | have been added or changed since the preceding
assessment, | 10 | | together with the amounts of the assessments, except that
| 11 | | publication of individual assessment changes shall not be | 12 | | required if the
changes result from equalization by the | 13 | | supervisor of assessments under Section
9-210, or Section | 14 | | 10-200, in which case the list shall include a general
| 15 | | statement indicating that assessments have been changed | 16 | | because of the
application of an equalization factor and shall | 17 | | set forth the percentage of
increase or decrease represented by | 18 | | the factor. The publication shall be made
on or before December | 19 | | 31 of that year, and shall be printed in some public
newspaper | 20 | | or newspapers published in the county. In every township or
| 21 | | assessment district in which there is published one or more | 22 | | newspapers of
general circulation, the list of that township | 23 | | shall be published in one of the
newspapers.
| 24 | | (b) Notwithstanding any other provision of law, for each | 25 | | parcel for which an individual notification meeting the | 26 | | requirements of Section 12-30 was mailed to the taxpayer, |
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| 1 | | publication of an individual listing of assessment in a | 2 | | newspaper of general circulation is not required beginning with | 3 | | the 2020 valuation year, so long as the list as described in | 4 | | subsection (a) above is published on a county-controlled | 5 | | website. | 6 | | (c) At the top of the list of assessments there shall be a | 7 | | notice in
substantially the following form printed in type no | 8 | | smaller than eleven point:
| 9 | | "NOTICE TO TAXPAYERS
| 10 | | Median Level of Assessment--(insert here the median level | 11 | | of assessment
for the assessment district)
| 12 | | Your property is to be assessed at the above listed median | 13 | | level of
assessment for the assessment district. You may check | 14 | | the accuracy of your
assessment by dividing your assessment by | 15 | | the median level of assessment. The
resulting value should | 16 | | equal the estimated fair cash value of your property.
If the | 17 | | resulting value is greater than the estimated fair cash value | 18 | | of your
property, you may be over-assessed. If the resulting | 19 | | value is less than the
fair cash value of your property, you | 20 | | may be under-assessed. You may appeal
your assessment to the | 21 | | Board of Review."
| 22 | | (d) The notice published under this Section shall also | 23 | | include the following: | 24 | | (1) A statement advising the taxpayer that assessments | 25 | | of property, other than farm land and coal, are required by | 26 | | law to be assessed at 33 1/3% of fair market value. |
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| 1 | | (2) The name, address, phone number, office hours, and, | 2 | | if one exists, the website address of the assessor. | 3 | | (3) A statement advising the taxpayer of the steps to | 4 | | follow if the taxpayer believes the full fair market value | 5 | | of the property is incorrect or believes the assessment is | 6 | | not uniform with other comparable properties in the same | 7 | | neighborhood. The statement shall also (i) advise all | 8 | | taxpayers to contact the township assessor's office, in | 9 | | those counties under township organization, first to | 10 | | review the assessment, (ii) advise all taxpayers to file an | 11 | | appeal with the board of review if not satisfied with the | 12 | | assessor review, and (iii) give the phone number to call | 13 | | for a copy of the board of review rules; if the Board of | 14 | | Review maintains a web site, the notice must also include | 15 | | the address of the website where the Board of Review rules | 16 | | can be viewed. | 17 | | (4) A statement advising the taxpayer that there is a | 18 | | deadline date for filing an appeal with the board of review | 19 | | and indicating that deadline date (30 days following the | 20 | | scheduled publication date). | 21 | | (5) A brief explanation of the relationship between the | 22 | | assessment and the tax bill. | 23 | | (6) In bold type, a notice of possible eligibility for | 24 | | the various homestead exemptions as provided in Section | 25 | | 15-165 through Section 15-175 and Section 15-180. | 26 | | (e) The newspaper shall furnish to the local assessment |
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| 1 | | officers as many
copies of the paper containing the assessment | 2 | | list as they may require.
| 3 | | (Source: P.A. 97-146, eff. 7-14-11.)
| 4 | | (35 ILCS 200/12-30)
| 5 | | Sec. 12-30. Mailed notice of changed assessments; counties | 6 | | of less than
3,000,000. | 7 | | (a) In every county with less than 3,000,000 inhabitants, | 8 | | in addition to
the publication of the list of assessments in | 9 | | each year of a general assessment
and of the list of property | 10 | | for which assessments have been added or changed,
as provided | 11 | | above, a notice shall be mailed by the chief county assessment
| 12 | | officer to each taxpayer whose assessment has been changed | 13 | | since the last
preceding assessment, using the address as it | 14 | | appears on the assessor's
records, except in the case of | 15 | | changes caused by a change in the county
equalization factor by | 16 | | the Department or in the case of changes resulting
from | 17 | | equalization by the chief county assessment officer under | 18 | | Section 9-210,
during any year such change is made. The notice | 19 | | may, but need not be, sent by a
township assessor. | 20 | | (b) The notice sent under this Section shall include the | 21 | | following: | 22 | | (1) The previous year's assessed value after board of | 23 | | review equalization. | 24 | | (2) Current assessed value and the date of that | 25 | | valuation. |
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| 1 | | (3) The percentage change from the previous assessed | 2 | | value to the current assessed value. | 3 | | (4) The full fair market value (as indicated by | 4 | | dividing the current assessed value by the median level of | 5 | | assessment in the assessment district as determined by the | 6 | | most recent 3 year assessment to sales ratio study adjusted | 7 | | to take into account any changes in assessment levels since | 8 | | the data for the studies were collected). | 9 | | (5) A statement advising the taxpayer that assessments | 10 | | of property, other than farm land and coal, are required by | 11 | | law to be assessed at 33 1/3% of fair market value. | 12 | | (6) The name, address, phone number, office hours, and, | 13 | | if one exists, the website address of the assessor. | 14 | | (7) Where practicable, the notice shall include the | 15 | | reason for any increase in the property's valuation. | 16 | | (8) The name and price per copy by mail of the | 17 | | newspaper in which the list of assessments will be | 18 | | published and the scheduled publication date. | 19 | | (9) A statement advising the taxpayer of the steps to | 20 | | follow if the taxpayer believes the full fair market value | 21 | | of the property is incorrect or believes the assessment is | 22 | | not uniform with other comparable properties in the same | 23 | | neighborhood. The statement shall also (i) advise all | 24 | | taxpayers to contact the township assessor's office, in | 25 | | those counties under township organization, first to | 26 | | review the assessment, (ii) advise all taxpayers to file an |
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| 1 | | appeal with the board of review if not satisfied with the | 2 | | assessor review, and (iii) give the phone number to call | 3 | | for a copy of the board of review rules. | 4 | | (10) A statement advising the taxpayer that there is a | 5 | | deadline date for filing an appeal with the board of review | 6 | | and indicating that deadline date (30 days following the | 7 | | scheduled publication date). | 8 | | (11) A brief explanation of the relationship between | 9 | | the assessment and the tax bill (including an explanation | 10 | | of the equalization factors) and an explanation that the | 11 | | assessment stated for the preceding year is the assessment | 12 | | after equalization by the board of review in the preceding | 13 | | year. | 14 | | (12) In bold type, a notice of possible eligibility for | 15 | | the
various homestead exemptions as provided in Section | 16 | | 15-165
through Section 15-175 and Section 15-180. | 17 | | (c) In addition to the requirements of subsection (b) of | 18 | | this Section, in every county with less than 3,000,000 | 19 | | inhabitants, where the chief county assessment officer | 20 | | maintains and controls an electronic database containing the | 21 | | physical characteristics of the property, the notice shall | 22 | | include the following: | 23 | | (1) The physical characteristics of the taxpayer's | 24 | | property that are available from that database; or | 25 | | (2) A statement advising the taxpayer that detailed | 26 | | property characteristics are available on the county |
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| 1 | | website and the URL address of that website. | 2 | | (d) In addition to the requirements of subsection (b) of | 3 | | this Section, in every county with less than 3,000,000 | 4 | | inhabitants, where the chief county assessment officer does not | 5 | | maintain and control an electronic database containing the | 6 | | physical characteristics of the property, and where one or more | 7 | | townships in the county maintain and control an electronic | 8 | | database containing the physical characteristics of the | 9 | | property and some or all of the database is available on a | 10 | | website that is maintained and controlled by the township, the | 11 | | notice shall include a statement advising the taxpayer that | 12 | | detailed property characteristics are available on the | 13 | | township website and the URL address of that website. | 14 | | (e) Except as provided in this Section, the form and manner | 15 | | of
providing the information and explanations required to be in | 16 | | the notice shall
be prescribed by the Department.
| 17 | | (Source: P.A. 96-122, eff. 1-1-10.)
| 18 | | (35 ILCS 200/18-75)
| 19 | | Sec. 18-75. Notice; place of publication. If the taxing | 20 | | district is
located entirely in one county, the notice shall be | 21 | | published in an English
language newspaper of general | 22 | | circulation published in the taxing district, or
if there is no | 23 | | such newspaper, in an English language newspaper of general
| 24 | | circulation published in the county and having circulation in | 25 | | the taxing
district.
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| 1 | | If the taxing district is located primarily in one county | 2 | | but extends into
smaller portions of adjoining counties, the | 3 | | notice shall be published in
a newspaper of general circulation | 4 | | published in the taxing district, or
if there is no such | 5 | | newspaper, in a newspaper of general circulation published
in | 6 | | each county in which any part of the district is located.
| 7 | | If the taxing district includes all or a large portion of 2 | 8 | | or more counties,
the notice shall be published in a newspaper | 9 | | of general circulation published
in each county in which any | 10 | | part of the district is located.
| 11 | | If a taxing district has a website maintained by the | 12 | | full-time staff of the taxing district, then the notice may | 13 | | shall be posted on the website in fulfillment of in addition to | 14 | | the other notice requirements of this Section. The failure of a | 15 | | taxing district to post the notice on its website shall not | 16 | | invalidate the notice or any action taken on the tax levy. | 17 | | (Source: P.A. 99-367, eff. 1-1-16 .)
| 18 | | (35 ILCS 200/27-30)
| 19 | | Sec. 27-30. Manner of notice. Prior to or within 60 days | 20 | | after the adoption
of the ordinance proposing the establishment | 21 | | of a special service area the
municipality or county shall fix | 22 | | a time and a place for a public hearing.
The public hearing | 23 | | shall be held not less than 60 days after the adoption of the | 24 | | ordinance proposing the establishment of a special service | 25 | | area. Notice of the hearing shall be given by publication and |
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| 1 | | mailing, except that
notice of a public hearing to propose the | 2 | | establishment of a special service
area for weather | 3 | | modification purposes may be given by publication only.
Notice | 4 | | by publication shall be given by publication at least once not | 5 | | less than
15 days prior to the hearing in a newspaper of | 6 | | general circulation within the
municipality or county or on the | 7 | | municipality's or county's website . Notice by mailing shall be | 8 | | given by depositing the
notice in the United States mails | 9 | | addressed to the person or persons in whose
name the general | 10 | | taxes for the last preceding year were paid on each property
| 11 | | lying within the special service area. A notice
shall be mailed | 12 | | not less than 10 days prior to the time set for the public
| 13 | | hearing. In the event taxes for the last preceding year were | 14 | | not paid, the
notice shall be sent to the person last listed on | 15 | | the tax rolls prior to
that year as the owner of the property.
| 16 | | (Source: P.A. 97-1053, eff. 1-1-13.)".
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