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92nd General Assembly

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Public Act 92-0201

SB497 Enrolled                                 LRB9202787SMdv

    AN ACT concerning taxes.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Property Tax Code is amended by changing
Sections 20-180 and 20-190 as follows:

    (35 ILCS 200/20-180)
    Sec. 20-180.  Uncollectible delinquent real estate  taxes
and special assessments.  In cases where general taxes levied
on  real  property have been delinquent for a period of 20 30
years, the taxes shall be presumed to  be  uncollectible.  In
those  cases, the County Clerk and the County Collector shall
enter upon the tax records in their respective offices  where
those taxes appear the word "Uncollectible", and shall adjust
the books and records of their respective offices as provided
in  this  Code.  In  cases  where any installments of special
assessments or special taxes levied  on  real  property  have
been  delinquent  for  a period of 30 years, the installments
shall be presumed to be uncollectible. In  those  cases,  the
Collector  of  the  municipality  which  levied  the  special
assessment or special tax and the County Clerk and the County
Collector   shall   enter  upon  the  tax  records  in  their
respective offices where those assessments  or  taxes  appear
the  word  "Uncollectible"  and  shall  adjust  the books and
records of their respective offices.  When  taxes  have  been
designated    "uncollectible"   under   this   Section,   the
municipality may use any money it holds for  payment  of  the
special assessments or special taxes for improvements similar
to  the projects for which the moneys were collected, and for
the purchase of real or personal property, in connection with
those improvements.
(Source: P.A. 80-615; 88-455.)
    (35 ILCS 200/20-190)
    Sec. 20-190.  Statute of  limitation  for  collection  of
delinquent real estate taxes and special assessments.
    (a)  If  a taxpayer owes arrearages of taxes for a reason
other than administrative error, actions for  the  collection
of   any  delinquent  general  tax,  or  the  enforcement  or
foreclosure of the tax lien shall be commenced within  20  30
years  after  the  tax became delinquent, and not thereafter.
After 20 30 years  the  tax  lien  shall  be  discharged  and
released.
    Actions for the collection of any delinquent installments
of  special  assessments or special taxes, or the enforcement
or foreclosure  of  the  special  assessment  lien  shall  be
commenced  within  30  years  after  the  installments became
delinquent. After 30 years  the  lien  for  the  installments
shall be discharged and released.
    (b)  If  a  taxpayer  owes  arrearages of taxes due to an
administrative error, the county may not bill, collect, claim
a lien for, or sell the arrearages of  taxes  for  tax  years
earlier  than  the  2  most  recent  tax years, including the
current tax year.
    (c)  For purposes of this Section, "administrative error"
includes  but  is  not  limited  to  failure  to  include  an
extension for a taxing district on the tax bill, an error  in
the  calculations  of  tax  rates  or extensions or any other
mathematical error by the county clerk, or a defective coding
by the county, but  does not include a failure by the  county
to  send  a  tax  bill  to  the  taxpayer, the failure by the
taxpayer to notify the assessor of a change in the tax-exempt
status of property, or any error concerning the assessment of
the property.
(Source: P.A. 88-455; 89-617, eff. 9-1-96.)

    Section 99.   Effective  date.   This  Act  takes  effect
January 1, 2002.
    Passed in the General Assembly May 09, 2001.
    Approved August 01, 2001.

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