Bill Text: IL SR0318 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Directs the Auditor General to conduct a performance audit of the Illinois Department of Revenue's valuation and assessment of railroad companies' properties as required under the Property Tax Code.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2025-05-20 - Referred to Assignments [SR0318 Detail]
Download: Illinois-2025-SR0318-Introduced.html
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| 1 | SENATE RESOLUTION | ||||||
| 2 | WHEREAS, The Department of Revenue annually calculates | ||||||
| 3 | equalized assessed valuations of railroad operating properties | ||||||
| 4 | according to the Illinois Property Tax Code; and
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| 5 | WHEREAS, 35 ILCS 200/11-70 defines what is railroad | ||||||
| 6 | operating property and what is non-carrier real estate; and
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| 7 | WHEREAS, The Illinois Department of Revenue annually | ||||||
| 8 | determines and publishes the equalized assessed value of | ||||||
| 9 | railroad operating property subject to its assessment | ||||||
| 10 | jurisdiction under the Property Tax Code, for each of the | ||||||
| 11 | railroads operating in Illinois; and
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| 12 | WHEREAS, The Illinois Department of Revenue's authority | ||||||
| 13 | does not extend to assessing non-carrier real estate; and
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| 14 | WHEREAS, The Illinois Property Tax Code provides local | ||||||
| 15 | assessing officers with the authority to assess non-carrier | ||||||
| 16 | real estate; and
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| 17 | WHEREAS, The Illinois Department of Revenue's | ||||||
| 18 | administrative law judges have ruled on requests for hearings | ||||||
| 19 | and challenges to this system in the following cases, PT 09-13 | ||||||
| 20 | Saint Clair County Assessor and City of Centreville v UPRR, PT | ||||||
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| 1 | 20-03 Spector v Railroads, PT 20-04 Spector v Railroads, and | ||||||
| 2 | PT 20-07 Spector v Railroads; and
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| 3 | WHEREAS, The Illinois Department of Revenue publishes | ||||||
| 4 | guides and information regarding the property tax system, | ||||||
| 5 | including its property tax administration responsibilities; | ||||||
| 6 | therefore, be it
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| 7 | RESOLVED, BY THE SENATE OF THE ONE HUNDRED FOURTH GENERAL | ||||||
| 8 | ASSEMBLY OF THE STATE OF ILLINOIS, that the Auditor General is | ||||||
| 9 | directed to conduct a performance audit of the Illinois | ||||||
| 10 | Department of Revenue's (IDR) valuation and assessment of | ||||||
| 11 | railroad companies' properties as required under the Property | ||||||
| 12 | Tax Code; and be it further
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| 13 | RESOLVED, That the audit should focus on the following: | ||||||
| 14 | (1) The adequacy of IDR's procedures for providing | ||||||
| 15 | access by members of the public, local assessors, and | ||||||
| 16 | county treasurers to each year's data, processes, and | ||||||
| 17 | guides regarding the assessment of railroad operating | ||||||
| 18 | property; | ||||||
| 19 | (2) IDR's procedures for annually determining which | ||||||
| 20 | railroad properties are no longer operating property; | ||||||
| 21 | (3) IDR's procedures for local assessors, | ||||||
| 22 | municipalities, and private citizens to challenge the | ||||||
| 23 | classification status of properties in their respective | ||||||
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| 1 | areas as between railroad operating property and | ||||||
| 2 | non-carrier real estate; | ||||||
| 3 | (4) IDR's procedures for notifying members of the | ||||||
| 4 | public, local assessing officers, and county treasurers of | ||||||
| 5 | property that is no longer railroad operating property so | ||||||
| 6 | local assessing officials can assess that property; | ||||||
| 7 | (5) Whether IDR procedures assure that railroads | ||||||
| 8 | adequately inform the department and the relevant county | ||||||
| 9 | assessor when the classification of property should be | ||||||
| 10 | reclassified and transferred from operating to | ||||||
| 11 | non-operating (non-carrier) property so that it begins | ||||||
| 12 | being assessed by the local assessor; | ||||||
| 13 | (6) Whether IDR procedures adequately incentivize | ||||||
| 14 | local assessors to notify the department about | ||||||
| 15 | railroad-owned properties that should no longer be | ||||||
| 16 | classified as operating property; | ||||||
| 17 | (7) The procedures, methods, and deadlines for | ||||||
| 18 | annually obtaining and setting the value for each railroad | ||||||
| 19 | in Illinois; | ||||||
| 20 | (8) Whether a survey of stakeholders, including county | ||||||
| 21 | assessors, county clerks, county treasurers, and members | ||||||
| 22 | of the public, suggests that the phrase "any person | ||||||
| 23 | feeling aggrieved" or the phrase "any party to the | ||||||
| 24 | proceeding who feels aggrieved by the decision" in 35 ILCS | ||||||
| 25 | 200/8-35 is clear or should be defined in greater detail, | ||||||
| 26 | including in a rule or regulation; | ||||||
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| 1 | (9) The procedures, methods, and deadlines for | ||||||
| 2 | allocating equalized assessed values for each railroad's | ||||||
| 3 | operating property to each taxing body in the State of | ||||||
| 4 | Illinois and the methods, deadlines, and procedures by | ||||||
| 5 | which members of the public, local assessing officials, | ||||||
| 6 | and county treasurers can challenge these decisions and | ||||||
| 7 | request hearings; | ||||||
| 8 | (10) Whether IDR's rules, regulations, and guides | ||||||
| 9 | adequately explain how it administers Sec. 11-110 of the | ||||||
| 10 | Property Tax Code, which reads in part as follows: "The | ||||||
| 11 | equalized assessed value of the operating property of | ||||||
| 12 | every railroad company subject to assessment, when | ||||||
| 13 | determined as prescribed in Section 11-80, shall be listed | ||||||
| 14 | and taxed in the several taxing districts in the | ||||||
| 15 | proportion that the length of all the track owned or used | ||||||
| 16 | in such taxing district bears to the whole length of all | ||||||
| 17 | the track owned or used in this state."; | ||||||
| 18 | (11) The adequacy of IDR's formula and process for | ||||||
| 19 | distributing a railroad's statewide value to local taxing | ||||||
| 20 | bodies; | ||||||
| 21 | (12) The notice and deadlines for filing | ||||||
| 22 | classification challenges and requests for hearings as to | ||||||
| 23 | whether local assessing officials and others believe these | ||||||
| 24 | deadlines are adequate; | ||||||
| 25 | (13) How administrative law judges are chosen to | ||||||
| 26 | preside over hearings and challenges to departmental | ||||||
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| 1 | decisions and the degree to which these administrative law | ||||||
| 2 | judges are independent of the department; | ||||||
| 3 | (14) Whether and how members of the public can obtain | ||||||
| 4 | and review pleadings filed before the IDR's administrative | ||||||
| 5 | law judges and whether these procedures are available to | ||||||
| 6 | the public; and | ||||||
| 7 | (15) To what extent IDR should issue rules explaining | ||||||
| 8 | its procedures; and be it further
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| 9 | RESOLVED, That the Illinois Department of Revenue and any | ||||||
| 10 | other entity having information relevant to the audit | ||||||
| 11 | cooperate fully and promptly with the Auditor General's Office | ||||||
| 12 | in the conduct of this audit; and be it further
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| 13 | RESOLVED, That the Auditor General commence with this | ||||||
| 14 | audit as soon as possible and report his findings and | ||||||
| 15 | recommendations upon completion in accordance with the | ||||||
| 16 | provisions of Section 3-14 of the Illinois State Auditing Act; | ||||||
| 17 | and be it further
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| 18 | RESOLVED, That a copy of this resolution be delivered to | ||||||
| 19 | the Auditor General and the Illinois Department of Revenue. | ||||||
