HB4636ham001 103RD GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 3/5/2024

 

 


 

 


 
10300HB4636ham001LRB103 38201 HLH 70548 a

1
AMENDMENT TO HOUSE BILL 4636

2    AMENDMENT NO. ______. Amend House Bill 4636 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Sections 9-45 and 11-15 as follows:
 
6    (35 ILCS 200/9-45)
7    Sec. 9-45. Property index number system. The county clerk
8in counties of 3,000,000 or more inhabitants and, subject to
9the approval of the county board, the chief county assessment
10officer or recorder, in counties of less than 3,000,000
11inhabitants, may establish a property index number system
12under which property may be listed for purposes of assessment,
13collection of taxes or automation of the office of the
14recorder. The system may be adopted in addition to, or instead
15of, the method of listing by legal description as provided in
16Section 9-40. The system shall describe property by township,

 

 

10300HB4636ham001- 2 -LRB103 38201 HLH 70548 a

1section, block, and parcel or lot, and may cross-reference the
2street or post office address, if any, and street code number,
3if any. The county clerk, county treasurer, chief county
4assessment officer or recorder may establish and maintain
5cross indexes of numbers assigned under the system with the
6complete legal description of the properties to which the
7numbers relate. Index numbers shall be assigned by the county
8clerk in counties of 3,000,000 or more inhabitants, and, at
9the direction of the county board in counties with less than
103,000,000 inhabitants, shall be assigned by the chief county
11assessment officer or recorder. Tax maps of the county clerk,
12county treasurer or chief county assessment officer shall
13carry those numbers. The indexes shall be open to public
14inspection and be made available to the public. Any property
15index number system established prior to the effective date of
16this Code shall remain valid. However, in counties with less
17than 3,000,000 inhabitants, the system may be transferred to
18another authority upon the approval of the county board.
19    Any real property used for a power generating or
20automotive manufacturing facility located within a county of
21less than 1,000,000 inhabitants, as to which litigation with
22respect to its assessed valuation is pending or was pending as
23of January 1, 1993, may be the subject of a real property tax
24assessment settlement agreement among the taxpayer and taxing
25districts in which it is situated. In addition, any real
26property that is located in a county with fewer than 1,000,000

 

 

10300HB4636ham001- 3 -LRB103 38201 HLH 70548 a

1inhabitants and (i) is used for natural gas extraction and
2fractionation or olefin and polymer manufacturing or (ii) is
3used for a petroleum refinery and (ii) located within a county
4of less than 1,000,000 inhabitants may be the subject of a real
5property tax assessment settlement agreement among the
6taxpayer and taxing districts in which the property is
7situated if litigation is or was pending as to its assessed
8valuation as of January 1, 2003 or thereafter. Other
9appropriate authorities, which may include county and State
10boards or officials, may also be parties to such agreements.
11Such agreements may include the assessment of the facility or
12property for any years in dispute as well as for up to 10 years
13in the future. Such agreements may provide for the settlement
14of issues relating to the assessed value of the facility and
15may provide for related payments, refunds, claims, credits
16against taxes and liabilities in respect to past and future
17taxes of taxing districts, including any fund created under
18Section 20-35 of this Act, all implementing the settlement
19agreement. Any such agreement may provide that parties thereto
20agree not to challenge assessments as provided in the
21agreement. An agreement entered into on or after January 1,
221993 may provide for the classification of property that is
23the subject of the agreement as real or personal during the
24term of the agreement and thereafter. It may also provide that
25taxing districts agree to reimburse the taxpayer for amounts
26paid by the taxpayer in respect to taxes for the real property

 

 

10300HB4636ham001- 4 -LRB103 38201 HLH 70548 a

1which is the subject of the agreement to the extent levied by
2those respective districts, over and above amounts which would
3be due if the facility were to be assessed as provided in the
4agreement. Such reimbursement may be provided in the agreement
5to be made by credit against taxes of the taxpayer. No credits
6shall be applied against taxes levied with respect to debt
7service or lease payments of a taxing district. No referendum
8approval or appropriation shall be required for such an
9agreement or such credits and any such obligation shall not
10constitute indebtedness of the taxing district for purposes of
11any statutory limitation. The county collector shall treat
12credited amounts as if they had been received by the collector
13as taxes paid by the taxpayer and as if remitted to the
14district. A county treasurer who is a party to such an
15agreement may agree to hold amounts paid in escrow as provided
16in the agreement for possible use for paying taxes until
17conditions of the agreement are met and then to apply these
18amounts as provided in the agreement. No such settlement
19agreement shall be effective unless it shall have been
20approved by the court in which such litigation is pending. Any
21such agreement which has been entered into prior to adoption
22of this amendatory Act of 1988 and which is contingent upon
23enactment of authorizing legislation shall be binding and
24enforceable.
25(Source: P.A. 96-609, eff. 8-24-09.)
 

 

 

10300HB4636ham001- 5 -LRB103 38201 HLH 70548 a

1    (35 ILCS 200/11-15)
2    Sec. 11-15. Method of valuation for pollution control
3facilities. To determine 33 1/3% of the fair cash value of any
4certified pollution control facility facilities in assessing
5those facilities, the Department shall determine take into
6consideration the actual or probable net earnings attributable
7to the facilities in question, capitalized on the basis of
8their productive earning value to their owner; the probable
9net value that which could be realized by its their owner if
10the facility facilities were removed and sold at a fair,
11voluntary sale, giving due account to the expense of removal
12and condition of the particular facility facilities in
13question; and other information as the Department may consider
14as bearing on the fair cash value of the facilities to their
15owner, consistent with the principles set forth in this
16Section. For the purposes of this Code, earnings shall be
17attributed to a pollution control facility only to the extent
18that its operation results in the production of a commercially
19saleable by-product or increases the production or reduces the
20production costs of the products or services otherwise sold by
21the owner of such facility. The assessed value of the facility
22shall be 33/1/3% of the fair cash value of the facility.
23(Source: P.A. 83-121; 88-455.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".