Bill Text: IL SB0089 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Property Tax Code. Provides that a Section authorizing property tax assessment settlement agreements also applies to petrochemical processing facilities located within a county of less than 1,000,000 inhabitants. Effective immediately.

Sponsorship: Partisan Bill (Republican 1)

Status: (Passed) 2009-08-24 - Public Act . . . . . . . . . 96-0609 [SB0089 Detail]

Download: Illinois-2009-SB0089-Enrolled.html

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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 changing
Section 9-45 as follows:
(35 ILCS 200/9-45)
Sec. 9-45. Property index number system. The county clerk
in counties of 3,000,000 or more inhabitants and, subject to
the approval of the county board, the chief county assessment
officer or recorder, in counties of less than 3,000,000
inhabitants, may establish a property index number system under
which property may be listed for purposes of assessment,
collection of taxes or automation of the office of the
recorder. The system may be adopted in addition to, or instead
of, the method of listing by legal description as provided in
Section 9-40. The system shall describe property by township,
section, block, and parcel or lot, and may cross-reference the
street or post office address, if any, and street code number,
if any. The county clerk, county treasurer, chief county
assessment officer or recorder may establish and maintain cross
indexes of numbers assigned under the system with the complete
legal description of the properties to which the numbers
relate. Index numbers shall be assigned by the county clerk in

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counties of 3,000,000 or more inhabitants, and, at the
direction of the county board in counties with less than
3,000,000 inhabitants, shall be assigned by the chief county
assessment officer or recorder. Tax maps of the county clerk,
county treasurer or chief county assessment officer shall carry
those numbers. The indexes shall be open to public inspection
and be made available to the public. Any property index number
system established prior to the effective date of this Code
shall remain valid. However, in counties with less than
3,000,000 inhabitants, the system may be transferred to another
authority upon the approval of the county board.
Any real property used for a power generating or automotive
manufacturing facility located within a county of less than
1,000,000 inhabitants, as to which litigation with respect to
its assessed valuation is pending or was pending as of January
1, 1993, may be the subject of a real property tax assessment
settlement agreement among the taxpayer and taxing districts in
which it is situated. In addition, any real property that is
(i) used for natural gas extraction and fractionation or olefin
and polymer manufacturing and (ii) located within a county of
less than 1,000,000 inhabitants may be the subject of a real
property tax assessment settlement agreement among the
taxpayer and taxing districts in which the property is situated
if litigation is or was pending as to its assessed valuation as
of January 1, 2003 or thereafter. Other appropriate
authorities, which may include county and State boards or

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officials, may also be parties to such agreements an agreement.
Such agreements an agreement may include the assessment of the
facility or property for any years in dispute as well as for up
to 10 years in the future. Such agreements an agreement may
provide for the settlement of issues relating to the assessed
value of the facility and may provide for related payments,
refunds, claims, credits against taxes and liabilities in
respect to past and future taxes of taxing districts, including
any fund created under Section 20-35 of this Act, all
implementing the settlement agreement. Any such agreement may
provide that parties thereto agree not to challenge assessments
as provided in the agreement. An agreement entered into on or
after January 1, 1993 may provide for the classification of
property that is the subject of the agreement as real or
personal during the term of the agreement and thereafter. It
may also provide that taxing districts agree to reimburse the
taxpayer for amounts paid by the taxpayer in respect to taxes
for the real property which is the subject of the agreement to
the extent levied by those respective districts, over and above
amounts which would be due if the facility were to be assessed
as provided in the agreement. Such reimbursement may be
provided in the agreement to be made by credit against taxes of
the taxpayer. No credits shall be applied against taxes levied
with respect to debt service or lease payments of a taxing
district. No referendum approval or appropriation shall be
required for such an agreement or such credits and any such

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obligation shall not constitute indebtedness of the taxing
district for purposes of any statutory limitation. The county
collector shall treat credited amounts as if they had been
received by the collector as taxes paid by the taxpayer and as
if remitted to the district. A county treasurer who is a party
to such an agreement may agree to hold amounts paid in escrow
as provided in the agreement for possible use for paying taxes
until conditions of the agreement are met and then to apply
these amounts as provided in the agreement. No such settlement
agreement shall be effective unless it shall have been approved
by the court in which such litigation is pending. Any such
agreement which has been entered into prior to adoption of this
amendatory Act of 1988 and which is contingent upon enactment
of authorizing legislation shall be binding and enforceable.
(Source: P.A. 88-455; 88-535; 88-670, eff. 12-2-94.)
Section 99. Effective date. This Act takes effect upon