State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]



91_SB1692

 
                                               LRB9111509SMdv

 1        AN  ACT  to  amend  the  Property  Tax  Code  by changing
 2    Sections 20-180 and 20-190.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The Property Tax Code is amended by changing
 6    Sections 20-180 and 20-190 as follows:

 7        (35 ILCS 200/20-180)
 8        Sec. 20-180.  Uncollectible delinquent real estate  taxes
 9    and special assessments.  In cases where general taxes levied
10    on  real  property have been delinquent for a period of 20 30
11    years, the taxes shall be presumed to  be  uncollectible.  In
12    those  cases, the County Clerk and the County Collector shall
13    enter upon the tax records in their respective offices  where
14    those taxes appear the word "Uncollectible", and shall adjust
15    the books and records of their respective offices as provided
16    in  this  Code.  In  cases  where any installments of special
17    assessments or special taxes levied  on  real  property  have
18    been  delinquent  for  a period of 30 years, the installments
19    shall be presumed to be uncollectible. In  those  cases,  the
20    Collector  of  the  municipality  which  levied  the  special
21    assessment or special tax and the County Clerk and the County
22    Collector   shall   enter  upon  the  tax  records  in  their
23    respective offices where those assessments  or  taxes  appear
24    the  word  "Uncollectible"  and  shall  adjust  the books and
25    records of their respective offices.  When  taxes  have  been
26    designated    "uncollectible"   under   this   Section,   the
27    municipality may use any money it holds for  payment  of  the
28    special assessments or special taxes for improvements similar
29    to  the projects for which the moneys were collected, and for
30    the purchase of real or personal property, in connection with
31    those improvements.
 
                            -2-                LRB9111509SMdv
 1    (Source: P.A. 80-615; 88-455.)

 2        (35 ILCS 200/20-190)
 3        Sec. 20-190.  Statute of  limitation  for  collection  of
 4    delinquent real estate taxes and special assessments.
 5        (a)  If  a taxpayer owes arrearages of taxes for a reason
 6    other than administrative error, actions for  the  collection
 7    of   any  delinquent  general  tax,  or  the  enforcement  or
 8    foreclosure of the tax lien shall be commenced within  20  30
 9    years  after  the  tax became delinquent, and not thereafter.
10    After 20 30 years  the  tax  lien  shall  be  discharged  and
11    released.
12        Actions for the collection of any delinquent installments
13    of  special  assessments or special taxes, or the enforcement
14    or foreclosure  of  the  special  assessment  lien  shall  be
15    commenced  within  30  years  after  the  installments became
16    delinquent. After 30 years  the  lien  for  the  installments
17    shall be discharged and released.
18        (b)  If  a  taxpayer  owes  arrearages of taxes due to an
19    administrative error, the county may not bill, collect, claim
20    a lien for, or sell the arrearages of  taxes  for  tax  years
21    earlier  than  the  2  most  recent  tax years, including the
22    current tax year.
23        (c)  For purposes of this Section, "administrative error"
24    includes  but  is  not  limited  to  failure  to  include  an
25    extension for a taxing district on the tax bill, an error  in
26    the  calculations  of  tax  rates  or extensions or any other
27    mathematical error by the county clerk, or a defective coding
28    by the county, but  does not include a failure by the  county
29    to  send  a  tax  bill  to  the  taxpayer, the failure by the
30    taxpayer to notify the assessor of a change in the tax-exempt
31    status of property, or any error concerning the assessment of
32    the property.
33    (Source: P.A. 88-455; 89-617, eff. 9-1-96.)
 
                            -3-                LRB9111509SMdv
 1        Section 99.   Effective  date.   This  Act  takes  effect
 2    January 1, 2001.

[ Top ]