Full Text of HB3529 102nd General Assembly
HB3529 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3529 Introduced 2/22/2021, by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| |
Amends the Property Tax Code. Provides that owners of income producing properties shall file physical descriptions of their properties with the chief county assessor, on a form and format determined by the chief county assessor. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB3529 | | LRB102 13972 HLH 19324 b |
|
| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Property Tax Code is amended by adding | 5 | | Section 9-285 as follows: | 6 | | (35 ILCS 200/9-285 new) | 7 | | Sec. 9-285. Real property descriptions. | 8 | | (a) This Section shall apply to all counties with | 9 | | 3,000,000 or more inhabitants and to all counties where the | 10 | | county board provides by ordinance or resolution that owners | 11 | | of certain property shall substantially comply with subsection | 12 | | (b), below. | 13 | | (b) Owners of income producing properties shall file | 14 | | physical descriptions of their properties with the chief | 15 | | county assessor, on a form and format determined by the chief | 16 | | county assessor, within 120 days after: | 17 | | (1) the effective date of this amendatory Act of the | 18 | | 102nd General Assembly, for counties of 3,000,000 or more; | 19 | | or | 20 | | (2) the adoption of a resolution by the county board | 21 | | under this Section, for all other counties. | 22 | | Following an initial filing pursuant to paragraphs (1) or | 23 | | (2) of this subsection (b), a property owner shall also update |
| | | HB3529 | - 2 - | LRB102 13972 HLH 19324 b |
|
| 1 | | the filing within 120 days after any material change in the | 2 | | physical description. | 3 | | (c) If the owner fails to submit the required physical | 4 | | description or fails to adequately explain why no submission | 5 | | is required, the owner shall pay a penalty to the chief county | 6 | | assessment officer of up to 0.025% of the prior year's market | 7 | | value as indicated by the most recent certified assessed value | 8 | | for the property at issue, but in no case shall the owner be | 9 | | required to pay more than a maximum penalty of $1,000 per | 10 | | property. The chief county assessment officer shall review all | 11 | | submissions and determine whether the owner provided | 12 | | sufficient evidence that he or she was not required to report a | 13 | | property description or that the submission complies based on | 14 | | available documentation. | 15 | | If a party is dissatisfied with a decision of the chief | 16 | | county assessment officer, the party may request review of | 17 | | that decision. Upon such request, at least 30 days' notice | 18 | | shall be provided to the party of a hearing to be conducted by | 19 | | a hearing officer designated by the chief county assessment | 20 | | officer. If dissatisfied with a hearing officer's decision, | 21 | | the party may appeal such decision to the circuit court of the | 22 | | county where the property is located as a final administrative | 23 | | decision under Administrative Review Law. If a party is | 24 | | unsuccessful at hearing, the penalty imposed under this | 25 | | Section shall bear interest at 0.05% per month thereafter, | 26 | | beginning 21 days after the date of decision or 21 days after |
| | | HB3529 | - 3 - | LRB102 13972 HLH 19324 b |
|
| 1 | | the date of the issuance of a final decision on administrative | 2 | | review. | 3 | | (d) Definitions. For the purpose of this Section: | 4 | | "Income producing property" means property that is not | 5 | | owner-occupied, as defined in this Section, and is owned for | 6 | | the purpose of generating income from the property itself, | 7 | | whether or not such property actually generates income in a | 8 | | particular year. "Income producing property" does not include: | 9 | | (1) property with a market value of $500,000 or less | 10 | | in the most recent assessment year for which an assessment | 11 | | is certified exclusive of any adjustments to assessed | 12 | | value by a board of review, the Property Tax Appeal Board, | 13 | | or the circuit court; | 14 | | (2) residential property containing 6 or fewer | 15 | | dwelling units; | 16 | | (3) property assessed under Article 10 of this Code | 17 | | and stadiums that are not qualified property under Section | 18 | | 10-215 that have a seating capacity of 20,000 or more and | 19 | | host major professional sporting events; | 20 | | (4) property that is assessed by the Department under | 21 | | Article 11 of this Code; | 22 | | (5) property that is owned or leased by a hospital | 23 | | licensed under the Hospital Licensing Act or operated | 24 | | under the University of Illinois Hospital Act, including | 25 | | any hospital affiliate that directly or indirectly | 26 | | controls, is controlled by, or is under common control |
| | | HB3529 | - 4 - | LRB102 13972 HLH 19324 b |
|
| 1 | | with a hospital; or | 2 | | (6) property that is owned or leased by a facility | 3 | | licensed under the Nursing Home Care Act that is an | 4 | | intermediate or skilled facility. | 5 | | "Net rentable area" means the square footage of an | 6 | | improvement that may be leased or rented to tenants and | 7 | | excludes common areas such as elevators, stairways, and | 8 | | atriums. | 9 | | "Owner-occupied" means real property that is used or | 10 | | occupied exclusively by a record owner or related entity, or | 11 | | real property where 80% or more of the net rentable area of the | 12 | | property is occupied or held for future use by the record owner | 13 | | of the property or a related person or entity as described in | 14 | | subsection (b) of Section 267 of the Internal Revenue Code. If | 15 | | more than 20% of the net rentable area of a property is subject | 16 | | to an existing lease or is subject to short term rental of the | 17 | | property by an unrelated entity, the property is not | 18 | | considered owner-occupied for purposes of this Section. | 19 | | "Physical description" means the land size and, for each | 20 | | individual development on the parcel, information about the | 21 | | construction type, year built, total development size, number | 22 | | of buildings, the number of stories in each building, and | 23 | | parking capacity. Additionally: | 24 | | (1) For multi-family residential properties of 6 or | 25 | | more units, "physical description" also includes the | 26 | | number of stories in each building, the size and use of |
| | | HB3529 | - 5 - | LRB102 13972 HLH 19324 b |
|
| 1 | | basement area, the number of studio, 1-bedroom, 2-bedroom, | 2 | | 3-bedroom, and larger units; pool area (if any); exercise | 3 | | area (if any); lower level uses; and the number of units, | 4 | | if any, which are enrolled in any government-administered | 5 | | affordable housing program. | 6 | | (2) For office properties, "physical description" also | 7 | | includes the net rentable area, the number of stories, the | 8 | | size and use of basement area, lower level uses, ceiling | 9 | | height, whether or not each unit is used for medical | 10 | | services, and whether or not buildings on the property | 11 | | share a central plant. | 12 | | (3) For retail properties, "physical description" also | 13 | | includes the net rentable area, the number of stories, the | 14 | | size and uses of basement area, the size and use of lower | 15 | | levels, ceiling height, and total customer capacity. | 16 | | (4) For industrial properties, "physical description" | 17 | | also includes the size and location of office area or | 18 | | areas, ceiling height, the size and location of docks, the | 19 | | number and size of loading bay doors, and the primary | 20 | | tenant or business entity. | 21 | | (5) For hospitality properties, "physical description" | 22 | | also includes the size of any conference area, the number | 23 | | of stories, the size and use of basement area, the room | 24 | | count, the suite count, the size and location of lounge | 25 | | areas, the size and location of restaurant areas, | 26 | | franchise affiliation, the size and location of any pool |
| | | HB3529 | - 6 - | LRB102 13972 HLH 19324 b |
|
| 1 | | area, and lower level uses. | 2 | | "Property" has the meaning set forth in Section 1-130 of | 3 | | this Code and includes contiguous parcels or property index | 4 | | numbers that comprise one functional property location.
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
|
|