Illinois General Assembly - Full Text of SB1379
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Full Text of SB1379  101st General Assembly

SB1379sam001 101ST GENERAL ASSEMBLY

Sen. Toi W. Hutchinson

Filed: 3/4/2019

 

 


 

 


 
10100SB1379sam001LRB101 05239 HLH 56940 a

1
AMENDMENT TO SENATE BILL 1379

2    AMENDMENT NO. ______. Amend Senate Bill 1379 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Sections 9-155 and 9-160 and by adding Division 6 to Article 9
6as follows:
 
7    (35 ILCS 200/9-155)
8    Sec. 9-155. Valuation in general assessment years.
9    (a) On or before June 1 in each general assessment year in
10all counties with less than 3,000,000 inhabitants, and as soon
11as he or she reasonably can in each general assessment year in
12counties with 3,000,000 or more inhabitants, or if any such
13county is divided into assessment districts as provided in
14Sections 9-215 through 9-225, as soon as he or she reasonably
15can in each general assessment year in those districts, the
16assessor, in person or by deputy, shall actually view and

 

 

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1determine as near as practicable the value of each property
2listed for taxation as of January 1 of that year, or as
3provided in Section 9-180, and assess the property at 33 1/3%
4of its fair cash value, or in accordance with Sections 10-110
5through 10-140 and 10-170 through 10-200, or in accordance with
6a county ordinance adopted under Section 4 of Article IX of the
7Constitution of Illinois. The assessor or deputy shall set
8down, in the books furnished for that purpose the assessed
9valuation of properties in one column, the assessed value of
10improvements in another, and the total valuation in a separate
11column.
12    (b) When determining the value of property for assessment
13purposes under this Code, the assessor may consider all
14relevant information pertaining to the fair cash value of the
15property, including, but not limited to, income and expense
16data submitted under this Code, sales data, property
17characteristics data, construction cost data, appraisals, and
18other valuation information pertaining to the property
19concerned and similar types of properties.
20(Source: P.A. 86-1481; 87-1189; 88-455.)
 
21    (35 ILCS 200/9-160)
22    Sec. 9-160. Valuation in years other than general
23assessment years.
24    (a) On or before June 1 in each year other than the general
25assessment year, in all counties with less than 3,000,000

 

 

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1inhabitants, and as soon as he or she reasonably can in
2counties with 3,000,000 or more inhabitants, the assessor shall
3list and assess all property which becomes taxable and which is
4not upon the general assessment, and also make and return a
5list of all new or added buildings, structures or other
6improvements of any kind, the value of which had not been
7previously added to or included in the valuation of the
8property on which such improvements have been made, specifying
9the property on which each of the improvements has been made,
10the kind of improvement and the value which, in his or her
11opinion, has been added to the property by the improvements.
12The assessment shall also include or exclude, on a
13proportionate basis in accordance with the provisions of
14Section 9-180, all new or added buildings, structures or other
15improvements, the value of which was not included in the
16valuation of the property for that year, and all improvements
17which were destroyed or removed. In case of the destruction or
18injury by fire, flood, cyclone, storm or otherwise, or removal
19of any structures of any kind, or of the destruction of or any
20injury to orchard timber, ornamental trees or groves, the value
21of which has been included in any former valuation of the
22property, the assessor shall determine as near as practicable
23how much the value of the property has been diminished, and
24make return thereof.
25    (b) Beginning January 1, 1996, the authority within a unit
26of local government that is responsible for issuing building or

 

 

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1occupancy permits shall notify the chief county assessment
2officer, by December 31 of the assessment year, when a full or
3partial occupancy permit has been issued for a parcel of real
4property. The chief county assessment officer shall include in
5the assessment of the property for the current year the
6proportionate value of new or added improvements on that
7property from the date the occupancy permit was issued or from
8the date the new or added improvement was inhabitable and fit
9for occupancy or for intended customary use until December 31
10of that year. If the chief county assessment officer has
11already certified the books for the year, the board of review
12or interim board of review shall assess the new or added
13improvements on a proportionate basis for the year in which the
14occupancy permit was issued or the new or added improvement was
15inhabitable and fit for occupancy or for intended customary
16use. The proportionate value of the new or added improvements
17may be assessed by the board of review or interim board of
18review as omitted property pursuant to Sections 9-265, 9-270,
1916-50 and 16-140 in a subsequent year on a proportionate basis
20for the year in which the occupancy permit was issued or the
21new or added improvement was inhabitable and fit for occupancy
22or for intended customary use if it was not assessed in that
23year.
24    (c) When determining the value of property for assessment
25purposes under this Code, the assessor may consider all
26relevant information pertaining to the fair cash value of the

 

 

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1property, including, but not limited to, income and expense
2data submitted under this Act, sales data, property
3characteristics data, construction cost data, appraisals, and
4other valuation information pertaining to the property
5concerned and similar types of properties.
6(Source: P.A. 91-486, eff. 1-1-00.)
 
7    (35 ILCS 200/Art. 9 Div. 6 heading new)
8
Division 6. Income Producing Property

 
9    (35 ILCS 200/9-280 new)
10    Sec. 9-280. Definitions. As used in this Article:
11    "Income and expense data" means annual reports or documents
12created in the ordinary course of business documenting income
13generated from and expenses associated with income producing
14property. The term "income and expense data" includes federal
15income tax returns related to income producing property, such
16as Internal Revenue Service Schedule E or Schedule 8825, annual
17reports, rent rolls, and certified or uncertified annual income
18and expense statements reflecting revenue and costs
19attributable to the property for the current and immediately
20preceding calendar year.
21    "Income producing property" means non-owner-occupied real
22property that is owned for the purpose of generating income
23from the property itself, whether or not that property actually
24generates income in a particular year, and includes hotels and

 

 

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1motels, parking garages and lots, senior and adult care
2facilities, gas stations, and self-storage facilities, but
3does not include:
4        (1) property with an assessed value of $100,000 or less
5    in the most recent assessment year;
6        (2) residential property containing 6 or fewer
7    dwelling units; or
8        (3) property assessed as a farm under Section 10-110 of
9    this Code.
10    "Property" has the meaning set forth in Section 1-130 of
11this Code and includes contiguous parcels or property index
12numbers that comprise one functional property location.
 
13    (35 ILCS 200/9-281 new)
14    Sec. 9-281. Income producing properties.
15    (a) In counties with 3,000,000 or more inhabitants,
16taxpayers of income producing property shall submit income and
17expense data annually to the chief county assessment officer on
18or before July 1 of each year. The chief county assessment
19officer may extend the time within which taxpayers are required
20to submit income and expense data under this Section for good
21cause shown in accordance with rules adopted under this
22Section. Taxpayers shall certify under oath in a signed
23notarized attestation that such information is true, accurate,
24and complete.
25    In counties with fewer than 3,000,000 inhabitants, the

 

 

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1county board may provide by resolution that taxpayers of income
2producing property shall submit income and expense data
3annually to the chief county assessment officer on or before
4March 30 of each year. The chief county assessment officer may
5extend the time within which taxpayers are required to submit
6income and expense data under this Section for good cause shown
7in accordance with rules adopted under this Section. Taxpayers
8shall certify under oath in a signed notarized attestation that
9such information is true, accurate, and complete.
10    (b) The chief county assessment officer of (i) a county
11with 3,000,000 more inhabitants or (ii) a county that has
12adopted by resolution the provisions of subsection (a) shall
13establish rules regarding the submission of income and expense
14data and the administration of this Section in the county. The
15income and expense data may be submitted in electronic form.
16    (c) If a taxpayer fails to submit income and expense data
17as required under this Section within the time prescribed, or
18within an extended period as permitted by the chief county
19assessment officer, the assessor shall send notice to the
20taxpayer of the failure to comply. If the taxpayer fails to
21submit the required data within 60 days after such notice is
22sent, the taxpayer shall pay a penalty to the chief county
23assessment officer of 0.5% of the prior year's assessed value
24for the property at issue, but in no case shall the taxpayer be
25obligated to pay more than $100,000 per property.
26    The State's Attorney of the county in which the property is

 

 

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1located shall have power to act on behalf of the people and the
2chief county assessment officer to initiate or enforce the
3provisions of this Section, including the power to compel by
4subpoena the production of taxpayer income and expense data
5that is required to be produced under this Section.
6    (d) Penalties collected by the chief county assessment
7officer under this Section for a taxpayer's failure to timely
8submit income and expense data shall be collected in the same
9manner as other fees collected by the chief county assessment
10officer. Seventy-five percent of such revenue shall be
11deposited into a fund to support data modernization and
12implementation and enforcement of this Section, and 25% of the
13revenue shall be distributed to the county treasurer and
14deposited in the county's general fund of the county in which
15the property is located.
16    (e) Any personal data such as federal identification or
17social security numbers and income tax forms that are included
18in income and expense data produced under this Section shall be
19deemed private information and exempt from disclosure under the
20Freedom of Information Act. Non-personal income and expense
21data shall not be subject to disclosure in accordance with the
22Freedom of Information Act or other applicable law. Nothing in
23this Section prohibits a chief county assessment officer from
24disclosing compiled and anonymized income and expense data.
25    (f) All information received by the chief county assessment
26officer from income and expense data filed under this Article

 

 

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1shall be used only for official purposes. Any person who
2divulges such information, other than when data is compiled and
3anonymized as permitted in this Article or when the information
4is released in accordance with a proper judicial order or as
5otherwise provided by law, shall be subject to a fine not to
6exceed $1,000 and disciplined up to and including termination
7of employment with the chief county assessment officer.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".