Bill Text: IL HB1287 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Property Tax Code. Provides that, in counties in which the county board so provides, by ordinance or resolution, owners of income-producing properties in the county shall file physical descriptions of their properties with the chief county assessment officer upon request of the chief county assessment officer. Sets forth the period of time during which those provisions apply. Provides that the request for information shall include an individualized statement specifying all physical description information that the assessor's office has on record or recorded against the property and shall contain a statement that the owner may confirm the information if no changes are required. Imposes certain penalties if the property owner fails to respond to a request for information. Amends the Freedom of Information Act to provide that financial records and data related to real estate income, expenses, and occupancy submitted by or on behalf of a property owner to a chief county assessment officer, except if submitted as part of an assessment appeal, are exempt from disclosure. Effective immediately.

Spectrum: Partisan Bill (Democrat 30-0)

Status: (Introduced) 2024-11-13 - Added Co-Sponsor Rep. Nicolle Grasse [HB1287 Detail]

Download: Illinois-2023-HB1287-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1287 Introduced , by Rep. William Davis SYNOPSIS AS INTRODUCED:
35 ILCS 200/9-285 new
Amends the Property Tax Code. Provides that owners of income-producing properties shall file physical descriptions of their properties with the chief county assessor in the form and format determined by the chief county assessor. Effective immediately.
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A BILL FOR
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AN ACT concerning revenue.
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 adding
Section 9-285 as follows:
(35 ILCS 200/9-285 new)
Sec. 9-285. Real property descriptions.
(a) This Section applies to all counties with 3,000,000 or
more inhabitants and to all counties in which the county board
provides, by ordinance or resolution, that owners of
income-producing properties must comply with subsection (b).
(b) Owners of income-producing properties shall file
physical descriptions of their properties with the chief
county assessor, in the form and format determined by the
chief county assessor, within 120 days after:
(1) the effective date of this amendatory Act of the
103rd General Assembly, for counties with 3,000,000 or
more inhabitants; or
(2) the effective date of the ordinance or resolution
adopted by the county board under subsection (a), for any
other counties to which this Section applies.
After making the initial filing under subsection (b), a
property owner shall also update the filing within 120 days

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after any material change in the physical description.
(c) If the owner fails to submit the required physical
description or fails to adequately explain why no submission
is required, the owner shall pay a penalty to the chief county
assessment officer of up to 0.025% of the prior year's market
value, as indicated by the most recent certified assessed
value for the property at issue, but in no case shall the owner
be required to pay more than a maximum penalty of $1,000 per
property. The chief county assessment officer shall review all
submissions and determine whether the owner provided
sufficient evidence that he or she was not required to report a
property description or that the submission complies based on
available documentation.
If a party is dissatisfied with a decision of the chief
county assessment officer, the party may request review of
that decision. Upon such a request, at least 30 days' notice
shall be provided to the party of a hearing to be conducted by
a hearing officer designated by the chief county assessment
officer. If a party is dissatisfied with a hearing officer's
decision, the party may appeal that decision to the circuit
court of the county in which the property is located as a final
administrative decision under the Administrative Review Law.
If a party is unsuccessful at hearing, the penalty imposed
under this Section shall bear interest at 0.05% per month
thereafter, beginning 21 days after the date of the decision
or 21 days after the date of the issuance of a final decision

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on administrative review.
(d) Definitions. As used in this Section:
"Income-producing property" means property that is not
owner-occupied, as defined in this Section, and that is owned
for the purpose of generating income from the property itself,
regardless of whether the property actually generates income
in a particular year. "Income-producing property" does not
include:
(1) property with a market value of $500,000 or less
in the most recent assessment year for which an assessment
is certified exclusive of any adjustments to assessed
value by a board of review, the Property Tax Appeal Board,
or the circuit court;
(2) residential property containing 6 or fewer
dwelling units;
(3) property assessed under Article 10 of this Code
and stadiums that are not qualified property under Section
10-215 that have a seating capacity of 20,000 or more and
host major professional sporting events;
(4) property that is assessed by the Department under
Article 11 of this Code;
(5) property that is owned or leased by a hospital
licensed under the Hospital Licensing Act or operated
under the University of Illinois Hospital Act, including
any hospital affiliate that directly or indirectly
controls, is controlled by, or is under common control

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with a hospital; or
(6) property that is owned or leased by a facility
licensed under the Nursing Home Care Act that is an
intermediate or skilled facility.
"Net rentable area" means the square footage of an
improvement that may be leased or rented to tenants, excluding
common areas such as elevators, stairways, and atriums.
"Owner-occupied" means real property that is used or
occupied exclusively by a record owner or related entity, or
real property having 80% or more of its net rentable area
occupied or held for future use by the record owner of the
property or a related person or entity as described in
subsection (b) of Section 267 of the Internal Revenue Code. If
more than 20% of the net rentable area of a property is subject
to an existing lease or is subject to a short-term rental by an
unrelated entity, the property is not considered
owner-occupied for purposes of this Section.
"Physical description" means the land size and, for each
individual development on the parcel, information about the
construction type, year built, total development size,
electrical supply capacity in megawatts, cooling and heating
system capacity, floor load bearing capacity, number of
buildings, number of stories in each building, and parking
capacity.
For multi-family residential properties of 6 or more
units, "physical description" also includes the size and use

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of the basement area, the number of studio, 1-bedroom,
2-bedroom, 3-bedroom, and larger units; the pool area (if
any); the exercise area (if any); lower level uses; and the
number of units, if any, that are enrolled in any
government-administered affordable housing program.
For office properties, "physical description" also
includes the net rentable area, the size and use of the
basement area, lower level uses, ceiling height, whether or
not each unit is used for medical services, and whether or not
buildings on the property share a central plant.
For retail properties, "physical description" also
includes the net rentable area, the size and uses of the
basement area, the size and use of lower levels, the ceiling
height, and the total customer capacity.
For industrial properties, "physical description" also
includes the size and location of office area or areas,
ceiling height, the size and location of docks, the number and
size of loading bay doors, and the primary tenant or business
entity.
For hospitality properties, "physical description" also
includes the size of any conference area, the size and use of
the basement area, the room count, the suite count, the size
and location of lounge areas, the size and location of
restaurant areas, franchise affiliation, the size and location
of any pool area, and lower level uses.
"Property" has the meaning set forth in Section 1-130 of

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this Code and includes contiguous parcels or property index
numbers that comprise one functional property location.
Section 99. Effective date. This Act takes effect upon
becoming law.