SB2820ham001 95TH GENERAL ASSEMBLY

Revenue Committee

Filed: 5/20/2008

09500SB2820ham001 LRB095 19074 HLH 51065 a

AMENDMENT TO SENATE BILL 2820

AMENDMENT NO. ______. Amend Senate Bill 2820 on page 1, line 6, after "Section 12-30", by inserting "and by adding Sections 6-60 and 9-213"; and

on page 1, immediately below line 6, by inserting the following:

"(35 ILCS 200/6-60 new)

Sec. 6-60. Rules and procedures. The board of review in every county with less than 3,000,000 inhabitants must make available to the public a detailed description of the rules and procedures for hearings before the board. This description must include an explanation of any applicable burdens of proof, rules of evidence, timelines, and any other procedures that will allow the taxpayer to effectively present his or her case before the board. If a county Internet website exists, the rules and procedures must also be published on that website.

(35 ILCS 200/9-213 new)

Sec. 9-213. Explanation of equalization factors. The chief county assessment officer in every county with less than 3,000,000 inhabitants must provide a plain-English explanation of all township, county, and State equalization factors, including the rationale and methods used to determine the equalizations. If a county Internet website exists, this explanation must be published thereon, otherwise it must be available to the public upon request at the office of the chief county assessment officer."; and

on page 3, line 4, after "office", by inserting ", in those counties under township organization,"; and

on page 4, line 14, after "property", by inserting "and some or all of the database is available on a website that is maintained and controlled by the township"; and

by replacing everything from line 20 on page 4 through line 10 on page 5 with the following:

"(f) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this paragraph, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor. The notice"; and

on page 6, by replacing lines 23 and 24 with the following:

"Section 99. Effective date. This Act takes effect January 1, 2009.".