093_HB2234eng

 
HB2234 Engrossed                     LRB093 07270 SJM 07428 b

 1        AN ACT in relation to taxes.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Property Tax Code is amended by changing
 5    Sections 16-170 and 16-185 and by adding  Section  16-168  as
 6    follows:

 7        (35 ILCS 200/16-168 new)
 8        Sec. 16-168.  Required disclosure of information in cases
 9    concerning commercial or industrial properties in counties of
10    3,000,000  or  more.  In  counties  with  3,000,000  or  more
11    inhabitants,  beginning  with  assessments  made for the 2003
12    assessment year, for valuation appeals concerning  commercial
13    or  industrial property requesting a change in assessed value
14    of $100,000 or more:
15             (1)  the  taxpayer  shall  submit  copies   of   all
16        valuation   reports  within  the  party's  possession  or
17        control concerning the property in question that  have  a
18        date  of  valuation  3  years  prior  to the tax year and
19        through the end of the tax year; and
20             (2)  the  taxpayer   shall   produce   documentation
21        surrounding   any  sale  of  the  subject  property  that
22        occurred any time beginning 3 years prior to the tax year
23        and through the documentary filing period allowed by  the
24        Property Tax Appeal Board.
25    These  disclosures  must  be  supported  by  an  affidavit of
26    compliance  signed  by  the  submitting  party  and  must  be
27    tendered to the opposing party within the documentary  filing
28    period  allowed  by  the  Property  Tax  Appeal  Board. These
29    disclosures, along with the  supporting  affidavit,  must  be
30    submitted   before  the  appealing  party  may  overcome  the
31    presumption in favor of the board of review.
 
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 1        (35 ILCS 200/16-170)
 2        Sec. 16-170.  Hearings. A hearing shall be granted if any
 3    party to the appeal so requests,  and,  upon  motion  of  any
 4    party  to  the  appeal  or  by  direction of the Property Tax
 5    Appeal Board, any appeal may be set down for a hearing,  with
 6    proper  notice  to  the  interested  parties.  Notice  to all
 7    interested taxing bodies shall be deemed to have  been  given
 8    when  served  upon  the  State's  Attorney of the county from
 9    which the appeal has been taken. Hearings may be held  before
10    less  than  a  majority  of the members of the Board, and the
11    chairman may assign  members  or  hearing  officers  to  hold
12    hearings.   Such  hearings  shall  be  open to the public and
13    shall be conducted in accordance with the rules  of  practice
14    and procedure promulgated by the Board.
15        In  counties of 3,000,0000 or more inhabitants, beginning
16    with assessments made  for  the  2003  assessment  year,  for
17    valuation   appeals   concerning   commercial  or  industrial
18    property requesting a change in assessed value of $100,000 or
19    more, the following requirements apply:
20             (1) The Property Tax Appeal Board shall  notify  the
21        parties  that  the case has been set for hearing at least
22        60 days prior to the scheduled hearing date.
23             (2) Disclosure of information  pursuant  to  Section
24        16-168  must  be filed with the Property Tax Appeal Board
25        and tendered to the opposing party prior to  the  hearing
26        date.
27             (3) Opinion testimony.
28                  (A)  Names  of any opinion witnesses and copies
29             of  any  reports  that  will  be  used  during   the
30             witnesses'   testimony  must  be  disclosed  to  the
31             Property Tax Appeal Board  and  the  opposing  party
32             prior  to  the  hearing  or  that  witness  will  be
33             excluded from the hearing. This includes any opinion
34             witness who testifies during rebuttal.
 
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 1                  (B)   Any   valuation   report  prepared  by  a
 2             government office may be presented and testified  to
 3             by any employee of that same office.
 4        The Board or, any member or hearing officer shall, on its
 5    own  motion  or  on  a  motion  of  a  party, may require the
 6    production of any books, records, papers  or  documents  that
 7    are  may  be  material  or relevant as evidence in any matter
 8    pending before the Property Tax Appeal Board it and necessary
 9    for the making of a just decision.
10    (Source: P.A. 76-689; 88-455.)

11        (35 ILCS 200/16-185)
12        Sec. 16-185.  Decisions. The decision  of  the  board  of
13    review  on  any assessment is presumed correct and legal, but
14    the presumption is rebuttable. When the market value  is  the
15    basis  of the appeal, the appellant has the burden of proving
16    each contested fact by a preponderance of the evidence.  When
17    uniformity  is the basis of the appeal, the appellant has the
18    burden of proving each contested fact by clear and convincing
19    evidence. The Property Tax Appeal Board shall make a decision
20    in each appeal or case appealed to it, and the decision shall
21    be based upon equity and the weight of evidence and not  upon
22    constructive  fraud,  and shall be binding upon appellant and
23    officials of government.   The  extension  of  taxes  on  any
24    assessment so appealed shall not be delayed by any proceeding
25    before  the  Board, and, in case the assessment is altered by
26    the  Board,  any  taxes  extended   upon   the   unauthorized
27    assessment  or  part  thereof shall be abated, or, if already
28    paid, shall be refunded with interest as provided in  Section
29    23-20.
30        The decision or order of the Property Tax Appeal Board in
31    any  such  appeal,  shall,  within  10  days  thereafter,  be
32    certified  at  no  charge  to the appellant and to the proper
33    authorities, including  the  board  of  review  or  board  of
 
HB2234 Engrossed            -4-      LRB093 07270 SJM 07428 b
 1    appeals  whose  decision  was  appealed, the county clerk who
 2    extends taxes upon the assessment in question, and the county
 3    collector who collects property taxes upon such assessment.
 4        If the Property  Tax  Appeal  Board  renders  a  decision
 5    lowering  the  assessment  of  a  particular parcel after the
 6    deadline for filing complaints with the board  of  review  or
 7    board  of  appeals or after adjournment of the session of the
 8    board of review or board of appeals at which assessments  for
 9    the  subsequent  year are being considered, the taxpayer may,
10    within 30 days after  the  date  of  written  notice  of  the
11    Property  Tax  Appeal Board's decision, appeal the assessment
12    for the subsequent year directly to the Property  Tax  Appeal
13    Board.
14        If  the  Property  Tax  Appeal  Board  renders a decision
15    lowering the assessment of a particular  parcel  on  which  a
16    residence  occupied  by  the  owner is situated, such reduced
17    assessment, subject to equalization, shall remain  in  effect
18    for  the  remainder  of  the  general  assessment  period  as
19    provided  in Sections 9-215 through 9-225, unless that parcel
20    is  subsequently  sold  in  an   arm's   length   transaction
21    establishing  a  fair  cash  value  for  the  parcel  that is
22    different from the fair  cash  value  on  which  the  Board's
23    assessment  is  based, or unless the decision of the Property
24    Tax Appeal Board is reversed or modified upon review.
25    (Source: P.A. 88-455;  88-660,  eff.  9-16-94;  89-671,  eff.
26    8-14-96.)

27        Section  99.  Effective date.  This Act takes effect upon
28    becoming law.