Bill Text: IL SB2920 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Property Tax Code. Provides that, beginning January 1, 2020, all counties with less than 3,000,000 inhabitants shall use a uniform property index number based on a format prescribed by the Department of Revenue. Makes changes concerning qualifications for township or multi-township assessors and supervisors of assessments. Provides that certain notices shall be posted on the Department of Revenue's official website. Provides that the effective date of a certificate for designation as a pollution control facility shall be the date of recommendation by the Illinois Environmental Protection Agency to the Illinois Pollution Control Board. Provides that physical or paper transfer tax stamps shall be phased out and eliminated by December 31, 2021. Amends the State Tax Lien Registration Act and the Senior Citizens Real Estate Tax Deferral Act to provide that certain taxes deferred under the Senior Citizens Real Estate Tax Deferral program shall be included in the registry. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-09 - Session Sine Die [SB2920 Detail]
Download: Illinois-2017-SB2920-Introduced.html
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1 | AN ACT concerning revenue.
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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 Property Tax Code is amended by changing | ||||||||||||||||||||||||
5 | Sections 1-120, 2-45, 3-5, 8-35, 11-25, 17-20, 17-40, 31-5, and | ||||||||||||||||||||||||
6 | 31-15 as follows:
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7 | (35 ILCS 200/1-120)
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8 | Sec. 1-120. Property Index Number or Permanent Index | ||||||||||||||||||||||||
9 | Number; PIN. A number used to identify a
parcel of property for | ||||||||||||||||||||||||
10 | assessment and taxation purposes. The index number
shall | ||||||||||||||||||||||||
11 | constitute a sufficient description of the property to which it | ||||||||||||||||||||||||
12 | has been
assigned, wherever a description is required by this | ||||||||||||||||||||||||
13 | Code. "Property Index Number" and "Permanent Index Number" | ||||||||||||||||||||||||
14 | shall be construed to be interchangeable terms. | ||||||||||||||||||||||||
15 | Beginning January 1, 2020, all counties with less than | ||||||||||||||||||||||||
16 | 3,000,000 inhabitants shall use a uniform property index number | ||||||||||||||||||||||||
17 | system based on a format prescribed by the Department. The | ||||||||||||||||||||||||
18 | Department may adopt reasonable rules for the administration of | ||||||||||||||||||||||||
19 | this Section. | ||||||||||||||||||||||||
20 | The changes to this Section made by this amendatory Act of | ||||||||||||||||||||||||
21 | the 97th General Assembly shall be construed as being | ||||||||||||||||||||||||
22 | declaratory of existing law and not as a new enactment.
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23 | (Source: P.A. 97-557, eff. 7-1-12 .)
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1 | (35 ILCS 200/2-45)
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2 | Sec. 2-45.
Selection and eligibility of township and | ||||||
3 | multi-township
assessors.
| ||||||
4 | (a) In all counties
under township organization, township | ||||||
5 | or multi-township assessors shall
be qualified as required by | ||||||
6 | subsections (b) through (d) of this Section and
shall be | ||||||
7 | elected as provided in this Code. Township or multi-township
| ||||||
8 | assessors shall enter upon their duties on January 1 following | ||||||
9 | their election,
and perform the duties of the office for 4 | ||||||
10 | years.
| ||||||
11 | (b) Beginning December 1, 1996, in any township or | ||||||
12 | multi-township
assessment
district not subject to the | ||||||
13 | requirements of subsections (c) or (d) of this
Section, no | ||||||
14 | person is eligible to file nomination papers or participate as | ||||||
15 | a
candidate in any caucus or primary or general election for, | ||||||
16 | or be appointed to
fill vacancies in, the office of township or | ||||||
17 | multi-township assessor, unless he
or she (i) has successfully | ||||||
18 | completed an introductory course in assessment
practices that | ||||||
19 | is approved by the Department; or (ii) possesses at least one | ||||||
20 | of
the qualifications listed in paragraphs (1) through (6) of
| ||||||
21 | subsection (c) of
this Section. The candidate cannot file | ||||||
22 | nominating papers or participate as a
candidate unless a copy | ||||||
23 | of the certificate of his or her qualifications from the | ||||||
24 | Department is
filed with the township clerk, board
of election | ||||||
25 | commissioners, or other appropriate authority as required by |
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1 | the
Election Code. The candidate cannot be appointed to fill a | ||||||
2 | vacancy until he or
she has filed a copy of the certificate of | ||||||
3 | his or her qualifications
from the Department with the | ||||||
4 | appointing authority.
| ||||||
5 | (c) Beginning December 1, 1996, in a township or | ||||||
6 | multi-township assessment
district with $25,000,000 or more of | ||||||
7 | non-farm equalized assessed value or
$1,000,000 or more in | ||||||
8 | commercial and industrial equalized assessed value, no
person | ||||||
9 | is eligible to file nomination papers or participate as a | ||||||
10 | candidate in
any caucus or primary or general election for, or | ||||||
11 | be appointed to fill
vacancies in, the office of township or | ||||||
12 | multi-township assessor, unless he or
she possesses at least | ||||||
13 | one of the qualifications listed in paragraphs (1)
through (6) | ||||||
14 | of this subsection (c).
| ||||||
15 | (1) a currently active Certified Illinois Assessing | ||||||
16 | Officer designation certificate from the Illinois
Property | ||||||
17 | Assessment Institute with current additional 30 class | ||||||
18 | hours as
required for additional compensation under | ||||||
19 | Section 4-10 ;
| ||||||
20 | (2) (A) (Blank) A Certified Illinois Assessing Officer | ||||||
21 | certificate from the
Illinois Property Assessment | ||||||
22 | Institute with a minimum of 300 additional hours
of | ||||||
23 | successfully completed courses approved by the Department, | ||||||
24 | if at least 150
of the course hours required a written | ||||||
25 | examination ; and
| ||||||
26 | (B) (Blank) within the 4 years preceding the election, |
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1 | successful completion of
at least 15 class hours of | ||||||
2 | additional training in courses that must be approved
by the | ||||||
3 | Department, including but not limited to, assessment, | ||||||
4 | appraisal, or
computer courses, and that may be offered by | ||||||
5 | accredited universities, colleges,
or community colleges ;
| ||||||
6 | (3) a Certified Assessment Evaluator designation from | ||||||
7 | the International
Association of Assessing Officers;
| ||||||
8 | (4) a currently active MAI, SREA, SRPA, SRA, or RM | ||||||
9 | designation certification as a Member of the Appraisal | ||||||
10 | Institute, Senior Real
Estate Analyst, or Senior Real | ||||||
11 | Property Appraiser from the Appraisal Institute
or its | ||||||
12 | predecessor organization ;
| ||||||
13 | (5) a currently active professional designation by any | ||||||
14 | other appraisal or assessing
association approved by the | ||||||
15 | Department; or
| ||||||
16 | (6) (Blank). if the person has served as a township or | ||||||
17 | multi-township assessor for
12 years or more, a Certified | ||||||
18 | Illinois Assessing Official certificate from the
Illinois | ||||||
19 | Property Assessment Institute with a minimum of 360 | ||||||
20 | additional hours
of
successfully completed courses | ||||||
21 | approved by the Department, if at least 180 of
the
course | ||||||
22 | hours required a written examination.
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23 | The candidate cannot file nominating papers or participate | ||||||
24 | as a candidate
unless a copy of the certificate of his or her
| ||||||
25 | qualifications from the Department is filed with the township | ||||||
26 | clerk, board
of election commissioners, or other appropriate |
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1 | authority as required by the
Election Code. The candidate | ||||||
2 | cannot be appointed to fill a vacancy until he or
she has filed | ||||||
3 | a copy of the certificate of his or her qualifications
with the | ||||||
4 | appointing authority.
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5 | (d) Beginning December 1, 2000, in a township or | ||||||
6 | multi-township assessment
district with more than $10,000,000 | ||||||
7 | and less than $25,000,000 of non-farm
equalized assessed value | ||||||
8 | and less than $1,000,000 in commercial and industrial
equalized | ||||||
9 | assessed value, no person who has previously been elected as | ||||||
10 | township
or multi-township assessor in any such township or | ||||||
11 | multi-township assessment
district is eligible to file | ||||||
12 | nomination papers or participate as a candidate
in any caucus | ||||||
13 | or primary or general election for the office of township or
| ||||||
14 | multi-township assessor, unless he or she possesses at least | ||||||
15 | one of the
qualifications
listed in paragraphs (1) through (6) | ||||||
16 | of subsection (c) of this
Section. The
candidate cannot file | ||||||
17 | nominating papers or participate as a candidate unless a
copy | ||||||
18 | of the certificate of his or her qualifications from the | ||||||
19 | Department is
filed with the township clerk, board of election
| ||||||
20 | commissioners, or other appropriate authority as required by | ||||||
21 | the Election Code.
| ||||||
22 | (e) If any person files nominating papers for candidacy for | ||||||
23 | the office
of township or multi-township assessor without also | ||||||
24 | filing a copy of the
certificate of his or her qualifications | ||||||
25 | from the Department as required by this Section, the clerk of | ||||||
26 | the township, the
board of election commissioners, or other |
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1 | appropriate authority as required
by the Election Code shall | ||||||
2 | refuse to certify the name of the person
as a candidate to the | ||||||
3 | proper election officials.
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4 | If no candidate for election meets the above qualifications | ||||||
5 | there shall
be no election and the town board of trustees or | ||||||
6 | multi-township board of
trustees shall appoint or contract with | ||||||
7 | a person under Section 2-60.
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8 | As used in this Section only, "non-farm equalized assessed | ||||||
9 | value" means the
total equalized assessed value in the township | ||||||
10 | or multi-township assessment
district as reported to
the | ||||||
11 | Department under Section 18-225 after removal of homestead | ||||||
12 | exemptions, and
after removal of the equalized assessed value | ||||||
13 | reported as farm or minerals
to the Department under Section | ||||||
14 | 18-225.
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15 | For purposes of this Section only, "file nomination papers" | ||||||
16 | also includes
having nomination papers filed on behalf of the | ||||||
17 | candidate by another person.
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18 | (Source: P.A. 93-188, eff. 7-11-03.)
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19 | (35 ILCS 200/3-5)
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20 | Sec. 3-5. Supervisor of assessments. In counties with less | ||||||
21 | than 3,000,000
inhabitants and in which no county assessor has | ||||||
22 | been elected under Section
3-45, there shall be a county | ||||||
23 | supervisor of assessments, either appointed as
provided in this | ||||||
24 | Section, or elected.
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25 | In counties with less than 3,000,000 inhabitants and not |
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1 | having an elected
county assessor or an elected supervisor of | ||||||
2 | assessments, the office of
supervisor of assessments shall be | ||||||
3 | filled by appointment by the presiding
officer of the county | ||||||
4 | board with the advice and consent of the county board.
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5 | To be eligible for appointment or to be eligible to file | ||||||
6 | nomination
papers or participate as a candidate in any primary | ||||||
7 | or general election
for, or be elected to, the office of | ||||||
8 | supervisor of assessments, or to enter
upon the duties of the | ||||||
9 | office, a person must possess one of the following
| ||||||
10 | qualifications as certified by the Department individual to the | ||||||
11 | county clerk:
| ||||||
12 | (1) A currently active Certified Illinois Assessing | ||||||
13 | Official designation certificate from the Illinois
| ||||||
14 | Property Assessment Institute , plus the additional | ||||||
15 | training required for
additional compensation under | ||||||
16 | Section 4-10 .
| ||||||
17 | (2) A currently active Certified Assessment Evaluator | ||||||
18 | designation certificate from the International
Association | ||||||
19 | of Assessing Officers.
| ||||||
20 | (3) A currently active MAI, SREA, SRPA, SRA, or RM | ||||||
21 | designation from the Appraisal Institute Member of the | ||||||
22 | Appraisal Institute (MAI), Residential Member (RM),
Senior | ||||||
23 | Real Estate Analyst (SREA), Senior Real Property Analyst | ||||||
24 | (SRPA) or
Senior Residential Analyst (SRA) certificate | ||||||
25 | from the Appraisal Institute or
its predecessor | ||||||
26 | organizations .
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1 | (4) If the person has served as a supervisor of | ||||||
2 | assessments for 12
years or more, a Certified Illinois | ||||||
3 | Assessing Official certificate
from the Illinois Property | ||||||
4 | Assessment Institute with a minimum of 360
additional hours | ||||||
5 | of
successfully completed courses approved by the | ||||||
6 | Department if at least 180 of
the course hours
required a | ||||||
7 | written examination.
| ||||||
8 | In addition, a person must have had at least 2 years' | ||||||
9 | experience in the field
of property sales, assessments, finance | ||||||
10 | or appraisals and must have passed an
examination conducted by | ||||||
11 | the Department to determine his or her competence to
hold the | ||||||
12 | office. The examination may be conducted by the Department at a
| ||||||
13 | convenient location in the county or region. Notice of the time | ||||||
14 | and place
shall be given by publication in a newspaper of | ||||||
15 | general circulation in the
counties and on the Department's | ||||||
16 | website , at least one week prior to the exam. The Department | ||||||
17 | shall certify to
the county board a list of the names and | ||||||
18 | scores of persons who pass the
examination. The Department may | ||||||
19 | provide by rule the maximum time that the name
of a person who | ||||||
20 | has passed the examination will be included on a list of
| ||||||
21 | persons eligible for appointment or election. The term of | ||||||
22 | office shall be 4
years from the date of appointment and until | ||||||
23 | a successor is appointed and
qualified.
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24 | (Source: P.A. 92-667, eff. 7-16-02.)
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25 | (35 ILCS 200/8-35)
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1 | Sec. 8-35. Notification requirements; procedure on | ||||||
2 | protest.
| ||||||
3 | (a) Assessments made by the Department.
Upon completion of | ||||||
4 | its original assessments, the Department shall publish a
| ||||||
5 | complete list of the assessments on the Department's official | ||||||
6 | website. in the State "official newspaper." Any person
feeling | ||||||
7 | aggrieved by any such assessment may, within 10 days of the | ||||||
8 | date of
publication of the list, apply to the Department for a | ||||||
9 | review and correction of
that assessment. Upon review of the | ||||||
10 | assessment, the Department shall make any
correction as it | ||||||
11 | considers just.
| ||||||
12 | If review of an assessment has been made and notice has | ||||||
13 | been given of the
Department's
decision,
any party to the | ||||||
14 | proceeding who feels aggrieved by the decision, may file an
| ||||||
15 | application for hearing. The application shall be in writing | ||||||
16 | and shall be
filed with the Department within 20 days after | ||||||
17 | notice of the decision has been
given by certified mail. | ||||||
18 | Petitions for hearing shall state concisely the
mistakes | ||||||
19 | alleged to have been made or the new evidence to be presented.
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20 | No action for the judicial review of any assessment
| ||||||
21 | decision of the Department shall be allowed unless the party | ||||||
22 | commencing
such action has filed an application for a hearing | ||||||
23 | and the Department
has acted upon the application.
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24 | The extension of taxes on an assessment shall not be | ||||||
25 | delayed by any
proceeding under this Section. In cases where | ||||||
26 | the assessment is revised, the taxes extended upon the |
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| |||||||
1 | assessment, or that part
of the taxes as may be appropriate, | ||||||
2 | shall be abated or, if already paid,
refunded.
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3 | (b) Exemption decisions made by the Department. Notice of | ||||||
4 | each exemption
decision made by the Department under Section | ||||||
5 | 15-25, 16-70, or 16-130
shall be given by certified mail to the | ||||||
6 | applicant for exemption.
| ||||||
7 | If an exemption decision has been made by the Department | ||||||
8 | and notice has been
given of the Department's decision, any | ||||||
9 | party to the proceeding who feels
aggrieved by the decision may | ||||||
10 | file an application for hearing. The application
shall be in | ||||||
11 | writing and shall be filed with the Department within 60 days | ||||||
12 | after
notice of the decision has been given by certified mail. | ||||||
13 | Petitions for hearing
shall state concisely the mistakes | ||||||
14 | alleged to have been made or the new
evidence to be presented.
| ||||||
15 | If a petition for hearing is filed, the Department shall | ||||||
16 | reconsider the
exemption decision and shall grant any party to | ||||||
17 | the proceeding a hearing. As
soon as practical after the | ||||||
18 | reconsideration and hearing, the Department
shall issue a | ||||||
19 | notice of decision by mailing the notice by certified mail. The
| ||||||
20 | notice shall set forth the Department's findings of fact and | ||||||
21 | the basis of the
decision.
| ||||||
22 | Within 30 days after the mailing of a notice of decision, | ||||||
23 | any party to the
proceeding may file with the Director a | ||||||
24 | written request for rehearing in such
form as the Department | ||||||
25 | may by rule prescribe, setting forth the grounds on
which
| ||||||
26 | rehearing is requested. If rehearing or Departmental review is |
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1 | granted, as
soon as practical after the rehearing or | ||||||
2 | Departmental review has been held,
the Department shall issue a | ||||||
3 | revised decision to the party or the party's legal
| ||||||
4 | representative as a result of the rehearing. The action of the | ||||||
5 | Department on a
petition for hearing shall become final the | ||||||
6 | later of (i) 30 days after issuance
of a notice of decision, if | ||||||
7 | no request for rehearing is made, or (ii) if a
timely request | ||||||
8 | for rehearing is made, upon the issuance of the denial of the
| ||||||
9 | request or the issuance of a notice of final decision.
| ||||||
10 | No action for the judicial review of any exemption decision | ||||||
11 | of the Department
shall be allowed unless the party commencing | ||||||
12 | the action has filed an
application for a hearing and the | ||||||
13 | Department has acted upon the application.
| ||||||
14 | The extension of taxes on an assessment shall not be | ||||||
15 | delayed by any
proceeding under this Section. In cases when the | ||||||
16 | exemption is granted, in
whole or in part, the taxes extended | ||||||
17 | upon the assessment, or that part of the
taxes as may be | ||||||
18 | appropriate, shall be abated or, if already paid, refunded.
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19 | (Source: P.A. 92-658, eff. 7-16-02.)
| ||||||
20 | (35 ILCS 200/11-25)
| ||||||
21 | Sec. 11-25. Certification procedure. Application for a | ||||||
22 | pollution control
facility certificate shall be filed with the | ||||||
23 | Pollution Control Board in a
manner and form prescribed in | ||||||
24 | regulations issued by that board. The
application shall contain | ||||||
25 | appropriate and available descriptive information
concerning |
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1 | anything claimed to be entitled in whole or in part to tax | ||||||
2 | treatment
as a pollution control facility. If it is found that | ||||||
3 | the claimed facility or
relevant portion thereof is a pollution | ||||||
4 | control facility as defined in Section
11-10, the Pollution | ||||||
5 | Control Board, acting through its Chairman or his or her
| ||||||
6 | specifically authorized delegate, shall enter a finding and | ||||||
7 | issue a certificate
to that effect. The certificate shall | ||||||
8 | require tax treatment as a pollution
control facility, but only | ||||||
9 | for the portion certified if only a portion is
certified. The | ||||||
10 | effective date of a certificate shall be the date of | ||||||
11 | recommendation by the Illinois Environmental Protection Agency | ||||||
12 | to the Illinois Pollution Control Board application
for the | ||||||
13 | certificate or the date of the construction of the facility, | ||||||
14 | whichever
is later.
| ||||||
15 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
16 | (35 ILCS 200/17-20)
| ||||||
17 | Sec. 17-20. Hearing on tentative equalization factor. The | ||||||
18 | Department
shall, after publishing its tentative equalization | ||||||
19 | factor and giving notice
of hearing to the public in a | ||||||
20 | newspaper of general circulation in the county and on the | ||||||
21 | Department's official website ,
hold a hearing on its estimate | ||||||
22 | not less than 10 days nor more than 30 days from
the date of the | ||||||
23 | publication. The notice shall state the date and time of the
| ||||||
24 | hearing, which shall be held in either Chicago or Springfield, | ||||||
25 | the basis for
the estimate of the Department, and further |
| |||||||
| |||||||
1 | information as the Department may
prescribe. The Department | ||||||
2 | shall, after giving a hearing to all interested
parties and | ||||||
3 | opportunity for submitting testimony and evidence in support of | ||||||
4 | or
adverse to the estimate as the Department considers | ||||||
5 | requisite, either confirm
or revise the estimate so as to | ||||||
6 | correctly represent the considered judgment of
the Department | ||||||
7 | respecting the estimated percentage to be added to or deducted
| ||||||
8 | from the aggregate assessment of all locally assessed property | ||||||
9 | in the county
except property assessed under Sections 10-110 | ||||||
10 | through 10-140 or 10-170 through
10-200. Within 30 days after | ||||||
11 | the conclusion of the hearing the Department
shall mail to the | ||||||
12 | County Clerk, by certified mail, its determination with
respect | ||||||
13 | to such estimated percentage to be added to or deducted from | ||||||
14 | the
aggregate assessment.
| ||||||
15 | (Source: P.A. 91-555, eff. 1-1-00.)
| ||||||
16 | (35 ILCS 200/17-40)
| ||||||
17 | Sec. 17-40. Publication of final equalization factor. The | ||||||
18 | Department
shall publish in each county and on the Department's | ||||||
19 | official website the percentage and equalization factor | ||||||
20 | certified
to each county clerk under Section 17-30. If the | ||||||
21 | percentage differs from the
percentage derived from the initial | ||||||
22 | estimate certified under Section 17-15, a
statement as to the | ||||||
23 | basis for the final percentage shall also be published.
The | ||||||
24 | Department shall provide the statement to any member of the | ||||||
25 | public upon
request.
|
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| |||||||
1 | (Source: P.A. 79-703; 88-455.)
| ||||||
2 | (35 ILCS 200/31-5)
| ||||||
3 | Sec. 31-5. Definitions. | ||||||
4 | "Affixed" means physically or electronically indicated.
| ||||||
5 | "Recordation" includes the issuance of
certificates of | ||||||
6 | title by Registrars of Title under the Registered Titles
| ||||||
7 | (Torrens) Act pursuant to the filing of deeds or trust | ||||||
8 | documents for that
purpose, as well as the recording of deeds | ||||||
9 | or trust documents by recorders.
| ||||||
10 | "Department" means the Department of Revenue.
| ||||||
11 | "Person" means any natural individual, firm, partnership, | ||||||
12 | association,
joint stock company, joint adventure, public or | ||||||
13 | private corporation, limited
liability company, or a receiver, | ||||||
14 | executor, trustee, guardian or other
representative appointed | ||||||
15 | by order of any court.
| ||||||
16 | "Revenue stamp" means physical, electronic, or alternative | ||||||
17 | indicia that indicates the amount of tax paid. Physical or | ||||||
18 | paper stamps shall be phased out and eliminated by December 31, | ||||||
19 | 2021. | ||||||
20 | "Value" means the amount of the full actual consideration | ||||||
21 | for the real
property or the beneficial interest in real | ||||||
22 | property located in Illinois, including the
amount of any lien | ||||||
23 | on the real property assumed by the transferee.
| ||||||
24 | "Trust document" means a document required to be recorded | ||||||
25 | under the Land
Trust Recordation and Transfer Tax Act and, |
| |||||||
| |||||||
1 | beginning June 1, 2005, also means any document relating to the | ||||||
2 | transfer of a taxable beneficial interest under this Article.
| ||||||
3 | "Beneficial interest" includes, but is not limited to:
| ||||||
4 | (1) the beneficial interest in an Illinois land trust;
| ||||||
5 | (2) the lessee interest in a ground lease (including | ||||||
6 | any interest of the
lessee in the related improvements) | ||||||
7 | that provides for a term of 30 or more
years
when all | ||||||
8 | options to renew or extend are included, whether or not any | ||||||
9 | portion of
the term has expired; or
| ||||||
10 | (3) the indirect interest in real property as reflected | ||||||
11 | by a controlling
interest in a real estate entity.
| ||||||
12 | "Controlling interest" means more than 50% of the
fair
| ||||||
13 | market value of all ownership interests or beneficial interests | ||||||
14 | in a real
estate entity.
| ||||||
15 | "Real estate entity" means any person
including, but not
| ||||||
16 | limited to, any partnership, corporation, limited liability | ||||||
17 | company, trust,
other entity, or
multi-tiered
entity, that | ||||||
18 | exists or acts substantially for the purpose of holding | ||||||
19 | directly
or indirectly title to or
beneficial interest in real | ||||||
20 | property.
There is a rebuttable presumption
that
an entity is a | ||||||
21 | real estate entity if it owns, directly or indirectly, real
| ||||||
22 | property
having a fair market value greater than 75% of the | ||||||
23 | total fair market
value of all of the
entity's assets, | ||||||
24 | determined without deduction for any mortgage, lien, or
| ||||||
25 | encumbrance.
| ||||||
26 | (Source: P.A. 98-929, eff. 8-15-14.)
|
| |||||||
| |||||||
1 | (35 ILCS 200/31-15)
| ||||||
2 | Sec. 31-15. Collection of tax. | ||||||
3 | (a) Paper revenue stamps. The tax shall be collected by the | ||||||
4 | recorder
or registrar of titles of the county in which the | ||||||
5 | property is situated through the sale of revenue
stamps, the | ||||||
6 | design, denominations and form of which shall be prescribed by | ||||||
7 | the
Department. The revenue
stamps shall be sold by the | ||||||
8 | Department to the recorder or registrar
of titles who shall | ||||||
9 | cause them to be sold for the purposes prescribed.
The | ||||||
10 | Department shall charge at a rate of 50¢ per $500 of value in
| ||||||
11 | units of not less than $500. The recorder or registrar of | ||||||
12 | titles of the several
counties shall sell the revenue stamps at | ||||||
13 | a rate of 50¢ per $500 of
value or fraction of $500. The | ||||||
14 | recorder or registrar of titles may use the
proceeds for the | ||||||
15 | purchase of revenue stamps from the Department. The Department | ||||||
16 | must establish a system to allow the recorder or registrar
of | ||||||
17 | titles to purchase the revenue stamps electronically and must | ||||||
18 | deliver the electronically purchased stamps to the recorder or | ||||||
19 | registrar
of titles.
Physical or paper issued stamps shall be | ||||||
20 | phased out and eliminated by December 31, 2021, and, on and | ||||||
21 | after that date, all counties are required to issue an | ||||||
22 | electronic stamp or an alternative indicia that indicates the | ||||||
23 | amount of the tax paid.
| ||||||
24 | (b) Electronic revenue stamp or alternative indicia. If the | ||||||
25 | recorder or registrar of titles uses an electronic revenue |
| |||||||
| |||||||
1 | stamp or alternative indicia, the recorder or registrar of | ||||||
2 | titles shall electronically file a return within an electronic | ||||||
3 | system required by the Department and electronically remit the | ||||||
4 | tax to the Department through an ACH credit on or before the | ||||||
5 | 10th day of the month following the month in which the tax was | ||||||
6 | required to be collected. The return shall disclose the tax | ||||||
7 | collected and other information that the Department may | ||||||
8 | reasonably require. The return shall be filed using an | ||||||
9 | electronic a format prescribed by the Department through the | ||||||
10 | electronic system designated by the Department . | ||||||
11 | If a return is not filed or the tax is not fully paid as | ||||||
12 | required under this Section within 15 days of the required time | ||||||
13 | period, the Department may eliminate the recorder or registrar | ||||||
14 | of titles' ability to electronically file its returns and | ||||||
15 | electronically remit the tax until such time as the recorder or | ||||||
16 | registrar of titles fully remits the return and tax amount due. | ||||||
17 | (Source: P.A. 98-929, eff. 8-15-14.)
| ||||||
18 | Section 10. The State Tax Lien Registration Act is amended | ||||||
19 | by changing Sections 1-5, 1-10, 1-15, and 1-30 as follows:
| ||||||
20 | (35 ILCS 750/1-5)
| ||||||
21 | Sec. 1-5. Purpose. | ||||||
22 | (a) The purpose of this Act is to provide a uniform | ||||||
23 | statewide system for filing notices of tax liens that are in | ||||||
24 | favor of or enforced by the Department. The Department shall |
| |||||||
| |||||||
1 | maintain the system. | ||||||
2 | (b) The scope of this Act is limited to tax liens in real | ||||||
3 | property and personal property, tangible and intangible, of | ||||||
4 | taxpayers or other persons against whom the Department has | ||||||
5 | liens pursuant to law for unpaid final tax liabilities | ||||||
6 | administered by the Department or from liens filed for deferred | ||||||
7 | property taxes pursuant to participation in the program under | ||||||
8 | the Senior Citizens Real Estate Tax Deferral Act . | ||||||
9 | (c) Nothing in this Act shall be construed to invalidate | ||||||
10 | any lien filed by the Department with a county recorder of | ||||||
11 | deeds prior to the effective date of this Act.
| ||||||
12 | (Source: P.A. 100-22, eff. 1-1-18 .)
| ||||||
13 | (35 ILCS 750/1-10)
| ||||||
14 | Sec. 1-10. Definitions. | ||||||
15 | "Debtor" means a taxpayer or other person against whom | ||||||
16 | there is an unpaid final tax liability collectible by the | ||||||
17 | Department , including, but not limited to, a person who has an | ||||||
18 | unpaid liability from deferred property taxes through | ||||||
19 | participation in the Senior Citizens Real Estate Tax Deferral | ||||||
20 | Act . | ||||||
21 | "Department" means the Department of Revenue. | ||||||
22 | "Final tax liability" means any State tax, fee, penalty, or | ||||||
23 | interest owed by a person to the Department where the | ||||||
24 | assessment of the liability is not subject to any further | ||||||
25 | timely filed administrative or judicial review. |
| |||||||
| |||||||
1 | "Last-known address of the debtor" means the address of the | ||||||
2 | debtor appearing in the records of the Department at the time | ||||||
3 | the notice of tax lien is filed in the registry. | ||||||
4 | "Person" means any natural individual, firm, partnership, | ||||||
5 | association, joint stock company, joint adventure, public or | ||||||
6 | private corporation, limited liability company, or a receiver, | ||||||
7 | executor, trustee, guardian or other representative appointed | ||||||
8 | by order of any court. | ||||||
9 | "Registry" or "State Tax Lien Registry" means the public | ||||||
10 | database maintained by the Department wherein tax liens are | ||||||
11 | filed in favor of and enforced by the Department.
| ||||||
12 | (Source: P.A. 100-22, eff. 1-1-18 .)
| ||||||
13 | (35 ILCS 750/1-15)
| ||||||
14 | Sec. 1-15. Registry established. | ||||||
15 | (a) The Department shall establish and maintain a public | ||||||
16 | database known as the State Tax Lien Registry. If any person | ||||||
17 | neglects or refuses to pay any final tax liability, the | ||||||
18 | Department may file in the registry a notice of tax lien within | ||||||
19 | 3 years from the date of the final tax liability. The | ||||||
20 | Department shall also file in the registry a notice of tax lien | ||||||
21 | for each tax year wherein a taxpayer has deferred property | ||||||
22 | taxes through the Senior Citizen Real Estate Tax Deferral Act | ||||||
23 | indicating the amount of the real estate taxes deferred for the | ||||||
24 | respective tax year. | ||||||
25 | (b) The notice of tax lien file shall include: |
| |||||||
| |||||||
1 | (1) the name and last-known address of the debtor , | ||||||
2 | including the parcel identification number and address for | ||||||
3 | any property wherein a taxpayer has deferred property taxes | ||||||
4 | through the Senior Citizen Real Estate Deferral Act ; | ||||||
5 | (2) the name and address of the Department; | ||||||
6 | (3) the tax lien number assigned to the lien by the | ||||||
7 | Department; and | ||||||
8 | (4) the basis for the tax lien, including, but not | ||||||
9 | limited to, the amount owed by the debtor as of the date of | ||||||
10 | filing in the tax lien registry.
| ||||||
11 | (Source: P.A. 100-22, eff. 1-1-18 .)
| ||||||
12 | (35 ILCS 750/1-30)
| ||||||
13 | Sec. 1-30. Registry format. | ||||||
14 | (a) The Department shall maintain notices of tax liens | ||||||
15 | filed in the registry after the effective date of this Act in | ||||||
16 | its information management system in a form that permits the | ||||||
17 | information to be readily accessible in an electronic form | ||||||
18 | through the Internet and to be reduced to printed form. The | ||||||
19 | electronic and printed form shall include the following | ||||||
20 | information: | ||||||
21 | (1) the name of the taxpayer; | ||||||
22 | (1.5) the address and parcel identification number for | ||||||
23 | any property wherein a taxpayer has deferred property taxes | ||||||
24 | through the Senior Citizen Real Estate Tax Deferral Act; | ||||||
25 | (2) the name and address of the Department; |
| |||||||
| |||||||
1 | (3) the tax lien number assigned to the lien by the | ||||||
2 | Department; | ||||||
3 | (4) the amount of the taxes, penalties, interest, and | ||||||
4 | fees indicated due on the notice of tax lien received from | ||||||
5 | the Department; and | ||||||
6 | (5) the date and time of filing. | ||||||
7 | (b) Information in the registry shall be searchable by name | ||||||
8 | of debtor or by tax lien number. The Department shall not | ||||||
9 | charge for access to information in the registry. | ||||||
10 | (c) The Department is authorized to sell at bulk the | ||||||
11 | information appearing on the tax lien registry. In selling the | ||||||
12 | information, the Department shall adopt rules governing the | ||||||
13 | process by which the information will be sold and the media or | ||||||
14 | method by which it will be available to the purchaser and shall | ||||||
15 | set a price for the information that will at least cover the | ||||||
16 | cost of producing the information. The proceeds from the sale | ||||||
17 | of bulk information shall be retained by the Department and | ||||||
18 | used to cover its cost to produce the information sold and to | ||||||
19 | maintain the registry. | ||||||
20 | (d) Registry information, whether accessed by name of | ||||||
21 | debtor or by tax lien number at no charge, through a bulk sale | ||||||
22 | of information, or by other means, shall not be used for | ||||||
23 | survey, marketing, or solicitation purposes. Survey, | ||||||
24 | marketing, or solicitation purpose does not include any action | ||||||
25 | by the Department or its authorized agent to collect a debt | ||||||
26 | represented by a tax lien appearing in the registry. The |
| |||||||
| |||||||
1 | Attorney General may bring an action in any court of competent | ||||||
2 | jurisdiction to enjoin the unlawful use of registry information | ||||||
3 | for survey, marketing, or solicitation purposes and to recover | ||||||
4 | the cost of such action, including reasonable attorney's fees.
| ||||||
5 | (Source: P.A. 100-22, eff. 1-1-18 .)
| ||||||
6 | Section 15. The Senior Citizens Real Estate Tax Deferral | ||||||
7 | Act is amended by changing Section 4 as follows:
| ||||||
8 | (320 ILCS 30/4) (from Ch. 67 1/2, par. 454)
| ||||||
9 | Sec. 4.
In the case of each tax deferral and recovery | ||||||
10 | agreement
entered into between the collector and the owner or | ||||||
11 | owners of
qualifying property, the collector shall notify the | ||||||
12 | Department forthwith cause to
be recorded with the recorder of | ||||||
13 | the county in
which the qualifying property is located along | ||||||
14 | with a statement of their
action which shall constitute a lien | ||||||
15 | upon the real estate and improvements
thereon covered by such | ||||||
16 | agreement for such taxes as have been deferred
under the | ||||||
17 | provisions of this Act, plus accrued interest as provided for | ||||||
18 | by
Section 3.
The Department shall then file a lien pursuant to | ||||||
19 | the State Tax Lien Registration Act for the tax year, parcel | ||||||
20 | number, and amount deferred for each tax deferral and recovery | ||||||
21 | agreement between the taxpayer and the respective county. In | ||||||
22 | the case of a dwelling unit in a multidwelling building that is | ||||||
23 | owned and
operated as a cooperative, the lien shall be upon | ||||||
24 | only that portion of the real
estate that constitutes a |
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
1 | homestead exemption occupied by the taxpayer.
The statement | |||||||||||||||||||||||||
2 | shall name the owner or owners and shall include a
description | |||||||||||||||||||||||||
3 | of the real estate adequate for identification. The filing fee
| |||||||||||||||||||||||||
4 | for such statement shall be paid by the county or other unit of | |||||||||||||||||||||||||
5 | local
government and shall be added to and become a part of the | |||||||||||||||||||||||||
6 | deferred taxes due.
| |||||||||||||||||||||||||
7 | (Source: P.A. 88-268.)
| |||||||||||||||||||||||||
8 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||
9 | becoming law.
| |||||||||||||||||||||||||
|