State of Illinois
91st General Assembly
Legislation

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91_HB3875sam002

 










                                          SRS91HB3875NCdlam08

 1                    AMENDMENT TO HOUSE BILL 3875

 2        AMENDMENT NO.     .  Amend House Bill 3875  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Property Tax Code is amended by changing
 5    Sections 16-125 and 16-180:

 6        (35 ILCS 200/16-125)
 7        Sec.  16-125.   Hearings.   In counties with 3,000,000 or
 8    more inhabitants, complaints filed with the board of  appeals
 9    (until  the  first  Monday  in December 1998 and the board of
10    review beginning  the  first  Monday  in  December  1998  and
11    thereafter)  shall be classified by townships. All complaints
12    shall be docketed numerically, in the order in which they are
13    presented, as  nearly  as  possible,  in  books  or  computer
14    records  kept for that purpose, which shall be open to public
15    inspection. The complaints shall be considered  by  townships
16    until  they  have  been  heard  and passed upon by the board.
17    After completing final action on all matters in  a  township,
18    the  board  shall  transmit  such final actions to the county
19    assessor.
20        A hearing upon any complaint shall not be held until  the
21    taxpayer  affected  and  the  county  assessor have each been
22    notified and have been given an opportunity to be heard.  All
 
                            -2-           SRS91HB3875NCdlam08
 1    hearings  shall be open to the public and the board shall sit
 2    together and  hear  the  representations  of  the  interested
 3    parties  or their representatives.  An order for a correction
 4    of any assessment shall not be made unless both commissioners
 5    of the board, or a majority of the members in the case  of  a
 6    board  of  review,  concur  therein,  in which case, an order
 7    therefor shall be made in open session  and  entered  in  the
 8    records   of  the  board.   When  an  assessment  is  ordered
 9    corrected, the board shall transmit a  computer  printout  of
10    the  results,  or  make and sign a brief written statement of
11    the reason for the change and the manner in which the  method
12    used  by the assessor in making the assessment was erroneous,
13    and shall deliver a copy  of  the  statement  to  the  county
14    assessor.  Upon  request the board shall hear any taxpayer in
15    opposition to a proposed reduction in any assessment.
16        The board may destroy or otherwise dispose of  complaints
17    and  records pertaining thereto after the lapse of 5 10 years
18    from the date of filing.
19    (Source: P.A. 91-393, eff. 7-30-99; 91-425, eff. 8-6-99.)

20        (35 ILCS 200/16-180)
21        Sec. 16-180.   Procedure  for  determination  of  correct
22    assessment.  The Property Tax Appeal Board shall establish by
23    rules an informal procedure  for  the  determination  of  the
24    correct  assessment  of  property  which is the subject of an
25    appeal.   The  procedure,  to  the  extent  that  the   Board
26    considers   practicable,  shall  eliminate  formal  rules  of
27    pleading,  practice  and  evidence,  and   except   for   any
28    reasonable  filing  fee  determined by the Board, may provide
29    that costs shall be in the discretion of the Board. A copy of
30    the appellant's petition shall be mailed by the clerk of  the
31    Property  Tax Appeal Board to the board of review or board of
32    appeals whose decision is being appealed. In all cases  where
33    a change in assessed valuation of $100,000 or more is sought,
 
                            -3-           SRS91HB3875NCdlam08
 1    the board of review or board of appeals shall serve a copy of
 2    the  petition  on  all  taxing districts as shown on the last
 3    available tax bill. The chairman of the Property  Tax  Appeal
 4    Board  shall  provide  for  the  speedy  hearing  of all such
 5    appeals.  All appeals shall be considered de novo.  Where  no
 6    complaint  has been made to the board of review of the county
 7    where the property is located and the appeal is based  solely
 8    on  the  effect  of  an  equalizing  factor  assigned  to all
 9    property or to a class of property by the  board  of  review,
10    the  Property Tax Appeal Board shall not grant a reduction in
11    assessment greater than the amount  that  was  added  as  the
12    result  of  the  equalizing  factor.   For  appeals  based on
13    assements made for the 1997, 1998, and 1999 assessment  years
14    where  property  is classified for purposes of taxation and a
15    classification ordinance has been adopted in accordance  with
16    Section 9-150, the correct assessment for property other than
17    residential  property  of 6 units or less shall be determined
18    by debasing the market value of the subject property  by  the
19    ordinance level for that class of property.
20    (Source: P.A. 88-455; 89-671, eff. 8-14-96.)

21        Section 99.  This Act is effective upon becoming law."

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