Sen. David Koehler

Filed: 11/30/2010

 

 


 

 


 
09600SB0458sam002LRB096 06514 HLH 44137 a

1
AMENDMENT TO SENATE BILL 458

2    AMENDMENT NO. ______. Amend Senate Bill 458 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by adding
5Section 16-181 as follows:
 
6    (35 ILCS 200/16-181 new)
7    Sec. 16-181. Stipulation to revised assessment. The board
8of review whose decision is being appealed may, at its
9discretion, enter into discussions with a taxpayer aimed at
10achieving a stipulated revised assessment upon the property,
11either prior to or after receipt of the taxpayer's petition
12from the Property Tax Appeal Board. If such discussions
13commence prior to the board of review's receipt of the
14taxpayer's petition from the Property Tax Appeal Board, the
15taxpayer shall provide the board of review with such evidence
16of the taxpayer's timely filing of its appeal before the

 

 

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1Property Tax Appeal Board as the board of review may request,
2including but not limited to a copy of the taxpayer's petition
3as filed with the Property Tax Appeal Board. If, after
4discussions have been entered into, the taxpayer and the board
5of review propose to stipulate to a revised assessment of the
6property, and if the original complaint requested a reduction
7in assessed value of more than $100,000, then the board of
8review shall first serve a copy of the proposed stipulation or
9assessment agreement on all taxing districts as shown on the
10last available property tax bill, along with a copy of the
11taxpayer's petition as provided to the board of review and all
12other evidence used to reach the settlement. The taxing
13districts so served shall have a period of 45 days after the
14postmark date of the notice from the board of review to file a
15written objection to the proposal with the board of review.
16Failure of a taxing district to object to the proposed
17assessment within the 45-day objection period shall be
18considered acceptance of the proposed assessment. Upon the
19later of (i) the expiration of the 45-day objection period or
20(ii) written resolution of any timely filed written objection
21received from a taxing district, the board of review shall
22provide the proposed stipulation or assessment agreement to the
23Property Tax Appeal Board along with a certificate of service
24affirming that all taxing districts have been notified of the
25proposed stipulation or assessment agreement, and that no
26timely written objections to the stipulation or assessment

 

 

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1agreement have been received or that any such objections have
2been fully resolved. The certificate of service shall be signed
3by a member of the board of review or the clerk of the board of
4review. Within 120 days after the Property Tax Appeal Board's
5receipt of the stipulation or assessment agreement and
6certificate of service, the Property Tax Appeal Board shall
7issue a decision in accordance with the stipulation or
8assessment agreement, unless it finds that the Property Tax
9Appeal Board lacks jurisdiction over the appeal or that the
10stipulation or assessment agreement is against the manifest
11weight of the evidence.
12    If the board of review provides notice to the affected
13taxing districts of the proposed stipulation or assessment
14agreement, and a taxing district (i) does not respond to the
15notice, (ii) accepts the proposed assessment, or (iii) reaches
16a written resolution with the board of review and the taxpayer,
17then the board of review is not required to otherwise send
18notice as required by Section 16-180 of the Property Tax Code
19to that taxing district, and that taxing district is precluded
20from intervening or otherwise participating in the appeal
21pending before the Property Tax Board of Appeal challenging the
22assessment. If a taxing district files a written objection to
23the proposal to the board of review which is not followed by a
24written resolution, then the appeal shall proceed as provided
25by law, the board of review must notify that taxing district as
26required by Section 16-180, and any proposed stipulation or

 

 

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1assessment agreement shall not be considered or introduced as
2evidence in any proceeding before the Property Tax Appeal
3Board.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".