Full Text of HB6022 099th General Assembly
HB6022 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6022 Introduced , by Rep. Emily McAsey SYNOPSIS AS INTRODUCED: |
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Amends the Property Tax Code. Provides that property that is (i) located within a county of less than 1,000,000 inhabitants and (ii) used for a petroleum refinery may be the subject of a real property tax assessment settlement agreement if litigation is or was pending as to its assessed valuation as of January 1, 2003 or thereafter. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
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| 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 changing | 5 | | Section 9-45 as follows:
| 6 | | (35 ILCS 200/9-45)
| 7 | | Sec. 9-45. Property index number system. The county clerk | 8 | | in counties of
3,000,000 or more inhabitants and, subject to | 9 | | the approval of the county board,
the chief county assessment | 10 | | officer or recorder, in counties of less than
3,000,000 | 11 | | inhabitants, may establish a property index number system under | 12 | | which
property may be listed for purposes of assessment, | 13 | | collection of taxes or
automation of the office of the | 14 | | recorder. The system may be adopted in addition
to, or instead | 15 | | of, the method of listing by legal description as provided in
| 16 | | Section 9-40. The system shall describe property by township, | 17 | | section,
block, and parcel or lot, and may cross-reference the | 18 | | street or post office
address, if any, and street code number, | 19 | | if any. The county clerk, county
treasurer, chief county | 20 | | assessment officer or recorder may establish and
maintain cross | 21 | | indexes of numbers assigned under the system with the complete
| 22 | | legal description of the properties to which the numbers | 23 | | relate. Index numbers
shall be assigned by the county clerk in |
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| 1 | | counties of 3,000,000 or more
inhabitants, and, at the | 2 | | direction of the county board in counties with less
than | 3 | | 3,000,000 inhabitants, shall be assigned by the chief county | 4 | | assessment
officer or recorder. Tax maps of the county clerk, | 5 | | county treasurer or chief
county assessment officer shall carry | 6 | | those numbers. The indexes shall be open
to public inspection | 7 | | and be made available to the public. Any property index
number | 8 | | system established prior to the effective date of this Code | 9 | | shall remain
valid. However, in counties with less than | 10 | | 3,000,000 inhabitants, the system
may be transferred to another | 11 | | authority upon the approval of the county board.
| 12 | | Any real property used for a power generating or automotive | 13 | | manufacturing
facility located within a county of less than | 14 | | 1,000,000 inhabitants, as to
which litigation with respect to | 15 | | its assessed valuation is pending or was
pending as of January | 16 | | 1, 1993, may be the subject of a real
property tax assessment | 17 | | settlement agreement among the taxpayer and taxing
districts in | 18 | | which it is situated. In addition, any real property that is | 19 | | (i) used for natural gas extraction and fractionation , or | 20 | | olefin and polymer manufacturing , or petroleum refining and | 21 | | (ii) located within a county of less than 1,000,000 inhabitants | 22 | | may be the subject of a real
property tax assessment settlement | 23 | | agreement among the taxpayer and taxing
districts in which the | 24 | | property is situated if litigation is or was pending as to its | 25 | | assessed valuation as of January 1, 2003 or thereafter. Other | 26 | | appropriate authorities, which
may include county and State |
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| 1 | | boards or officials, may also be parties to
such agreements. | 2 | | Such agreements may include the assessment of the
facility or | 3 | | property for any years in dispute as well as for up to 10 years | 4 | | in the future.
Such agreements may provide for the settlement | 5 | | of issues relating to the
assessed value of the facility and | 6 | | may provide for related payments,
refunds, claims, credits | 7 | | against taxes and liabilities in respect to past
and future | 8 | | taxes of taxing districts, including any fund created under
| 9 | | Section 20-35 of this Act, all implementing the settlement
| 10 | | agreement. Any such agreement may provide that parties thereto | 11 | | agree not to
challenge assessments as provided in the | 12 | | agreement. An agreement entered
into on or after January 1, | 13 | | 1993 may provide for the classification of property
that is the | 14 | | subject of the agreement as real or personal during the term of | 15 | | the
agreement and thereafter. It may also provide that taxing
| 16 | | districts agree to reimburse the taxpayer for amounts paid by | 17 | | the taxpayer
in respect to taxes for the real property which is | 18 | | the subject of the
agreement to the extent levied by those | 19 | | respective districts, over and
above amounts which would be due | 20 | | if the facility were to be assessed as
provided in the | 21 | | agreement. Such reimbursement may be provided in the
agreement | 22 | | to be made by credit against taxes of the taxpayer. No credits
| 23 | | shall be applied against taxes levied with respect to debt | 24 | | service or lease
payments of a taxing district. No referendum | 25 | | approval or appropriation
shall be required for such an | 26 | | agreement or such credits and any such
obligation shall not |
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| 1 | | constitute indebtedness of the taxing district for
purposes of | 2 | | any statutory limitation. The county collector shall treat
| 3 | | credited amounts as if they had been received by the collector | 4 | | as taxes
paid by the taxpayer and as if remitted to the | 5 | | district. A county
treasurer who is a party to such an | 6 | | agreement may agree to hold amounts
paid in escrow as provided | 7 | | in the agreement for possible use for paying
taxes until | 8 | | conditions of the agreement are met and then to apply these
| 9 | | amounts as provided in the agreement. No such settlement | 10 | | agreement shall
be effective unless it shall have been approved | 11 | | by the court in which such
litigation is pending. Any such | 12 | | agreement which has been entered into
prior to adoption of this | 13 | | amendatory Act of 1988 and which is contingent
upon enactment | 14 | | of authorizing legislation shall be binding and enforceable.
| 15 | | (Source: P.A. 96-609, eff. 8-24-09.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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