Bill Text: IL SB1681 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that, if a county clerk determines that any lot, block, tract, or parcel of real property within a redevelopment project area is not taxable or has an initial equalized assessed value of $0, then the fair market value of the lot, block, tract, or parcel shall be instead determined by a written MAI-certified appraisal or by a written certified appraisal of a State-certified or State-licensed real estate appraiser. Provides that this reappraisal shall be the initial equalized assessed value of the lot, block, tract, or parcel and shall be added to the total initial equalized assessed value of the taxable real property within the redevelopment project area. Limits the provisions to tax increment allocation financing ordinances adopted after the effective date of the amendatory Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB1681 Detail]
Download: Illinois-2023-SB1681-Introduced.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | |||||||||||||||||||
5 | changing Section 11-74.4-9 as follows:
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6 | (65 ILCS 5/11-74.4-9)
(from Ch. 24, par. 11-74.4-9)
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7 | Sec. 11-74.4-9. Equalized assessed value of property. | |||||||||||||||||||
8 | (a) Except as provided in subsection (a-5), if If a | |||||||||||||||||||
9 | municipality by ordinance provides for tax
increment | |||||||||||||||||||
10 | allocation financing pursuant to Section 11-74.4-8, the county | |||||||||||||||||||
11 | clerk
immediately thereafter shall determine (1) the most | |||||||||||||||||||
12 | recently ascertained
equalized assessed value of each lot, | |||||||||||||||||||
13 | block, tract or parcel of real property
within such | |||||||||||||||||||
14 | redevelopment project area from which shall be deducted the
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15 | homestead exemptions under Article 15 of the Property
Tax | |||||||||||||||||||
16 | Code, which value shall be the "initial equalized assessed | |||||||||||||||||||
17 | value" of each
such piece of property, and (2) the total | |||||||||||||||||||
18 | equalized assessed value of all
taxable real property within | |||||||||||||||||||
19 | such redevelopment project area by adding together
the most | |||||||||||||||||||
20 | recently ascertained equalized assessed value of each taxable | |||||||||||||||||||
21 | lot,
block, tract, or parcel of real property within such | |||||||||||||||||||
22 | project area, from which
shall be deducted the homestead | |||||||||||||||||||
23 | exemptions provided by Sections 15-170,
15-175, and 15-176 of |
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1 | the Property Tax Code, and shall certify such amount
as the | ||||||
2 | "total
initial equalized assessed value" of the taxable real | ||||||
3 | property within such
project area.
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4 | (a-5) If the county clerk determines that any lot, block, | ||||||
5 | tract, or parcel of real property within a redevelopment | ||||||
6 | project area is not taxable or has an initial equalized | ||||||
7 | assessed value of $0 as determined in subsection (a), then the | ||||||
8 | fair market value of the lot, block, tract, or parcel shall be | ||||||
9 | instead determined by a written MAI-certified appraisal or by | ||||||
10 | a written certified appraisal of a State-certified or | ||||||
11 | State-licensed real estate appraiser. The appraisal shall be | ||||||
12 | available for public inspection no later than 90 days after | ||||||
13 | the date that the ordinance for tax increment allocation | ||||||
14 | financing under Section 11-74.4-8 was adopted by the | ||||||
15 | municipality. The appraiser's conclusion of fair market value | ||||||
16 | shall be converted by the county clerk to an assessed value | ||||||
17 | using the appropriate level of assessment and then equalized | ||||||
18 | by using the most recent equalization factor. The county clerk | ||||||
19 | shall use the resulting figure as the initial equalized | ||||||
20 | assessed value of the lot, block, tract, or parcel and shall | ||||||
21 | add this initial equalized assessed value to the total initial | ||||||
22 | equalized assessed value of the taxable real property within | ||||||
23 | the redevelopment project area. For purposes of paragraphs (b) | ||||||
24 | and (c), the lot, block, tract, or parcel of real property | ||||||
25 | shall be considered taxable real property. This subsection | ||||||
26 | applies only to ordinances adopted on or after the effective |
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1 | date of this amendatory Act of the 103rd General Assembly. | ||||||
2 | (b) In reference to any municipality which has adopted tax | ||||||
3 | increment
financing after January 1, 1978, and in respect to | ||||||
4 | which the county clerk
has certified the "total initial | ||||||
5 | equalized assessed value" of the property
in the redevelopment | ||||||
6 | area, the municipality may thereafter request the clerk
in | ||||||
7 | writing to adjust the initial equalized value of all taxable | ||||||
8 | real property
within the redevelopment project area by | ||||||
9 | deducting therefrom the exemptions under Article 15 of the
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10 | Property Tax Code applicable
to each lot, block, tract or | ||||||
11 | parcel of real property within such redevelopment
project | ||||||
12 | area. The county clerk shall immediately after the written | ||||||
13 | request to
adjust the total initial equalized value is | ||||||
14 | received determine the total
homestead exemptions in the | ||||||
15 | redevelopment project area provided by Sections
15-170, | ||||||
16 | 15-175, and 15-176 of the Property Tax Code by adding
together | ||||||
17 | the homestead
exemptions provided by said Sections
on each | ||||||
18 | lot, block, tract or parcel of real property within such | ||||||
19 | redevelopment
project area and then shall deduct the total of | ||||||
20 | said exemptions from the total
initial equalized assessed | ||||||
21 | value. The county clerk shall then promptly certify
such | ||||||
22 | amount as the "total initial equalized assessed value as | ||||||
23 | adjusted" of the
taxable real property within such | ||||||
24 | redevelopment project area.
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25 | (c) After the county clerk has certified the "total | ||||||
26 | initial
equalized assessed value" of the taxable real property |
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1 | in such area, then
in respect to every taxing district | ||||||
2 | containing a redevelopment project area,
the county clerk or | ||||||
3 | any other official required by law to ascertain the amount
of | ||||||
4 | the equalized assessed value of all taxable property within | ||||||
5 | such district
for the purpose of computing the rate per cent of | ||||||
6 | tax to be extended upon
taxable property within such district, | ||||||
7 | shall in every year that tax increment
allocation financing is | ||||||
8 | in effect ascertain the amount of value of taxable
property in | ||||||
9 | a redevelopment project area by including in such amount the | ||||||
10 | lower
of the current equalized assessed value or the certified | ||||||
11 | "total initial
equalized assessed value" of all taxable real | ||||||
12 | property in such area, except
that after he has certified the | ||||||
13 | "total initial equalized assessed value as
adjusted" he shall | ||||||
14 | in the year of said certification if tax rates have not been
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15 | extended and in every year thereafter that tax increment | ||||||
16 | allocation financing
is in effect ascertain the amount of | ||||||
17 | value of taxable property in a
redevelopment project area by | ||||||
18 | including in such amount the lower of the current
equalized | ||||||
19 | assessed value or the certified "total initial equalized | ||||||
20 | assessed
value as adjusted" of all taxable real property in | ||||||
21 | such area. The rate per cent
of tax determined shall be | ||||||
22 | extended to the current equalized assessed value of
all | ||||||
23 | property in the redevelopment project area in the same manner | ||||||
24 | as the rate
per cent of tax is extended to all other taxable | ||||||
25 | property in the taxing
district. The method of extending taxes | ||||||
26 | established under this Section shall
terminate when the |
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1 | municipality adopts an ordinance dissolving the special tax
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2 | allocation fund for the redevelopment project area. This | ||||||
3 | Division shall not be
construed as relieving property owners | ||||||
4 | within a redevelopment project area from
paying a uniform rate | ||||||
5 | of taxes upon the current equalized assessed value of
their | ||||||
6 | taxable property as provided in the Property Tax Code.
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7 | (Source: P.A. 95-644, eff. 10-12-07.)
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