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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 35 ILCS 200/23-35
(35 ILCS 200/23-35)
Sec. 23-35.
Tax objection based on budget or appropriation ordinance.
Notwithstanding the provisions of Section 23-10, no objection to
any property
tax levied by any municipality shall be sustained by any court because of the
forms of any budget or appropriation ordinance, or the degree of itemization or
classification of items therein, or the reasonableness of any amount budgeted
or appropriated thereby, if:
(a) a tentative budget and appropriation ordinance | | was prepared at the direction of the governing body of the municipality and made conveniently available to public inspection for at least 30 days prior to the public hearing specified below and to final action thereon;
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(b) at least one public hearing has been held by the
| | governing body as to the tentative budget and appropriation ordinance prior to final action thereon, and notice of the time and place where copies of the tentative budget and appropriation ordinances are available for public inspection, and the time and place of the hearing, has been given by publication in a newspaper published in the municipality at least 30 days prior to the time of the hearing, or, if there is no newspaper published in the municipality, notice of the public hearing has been given by publication in a newspaper of general circulation in the municipality; and
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(c) the budget and appropriation ordinance finally
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"Municipality", as used in this Section, means all municipal corporations
in, and political subdivisions of, this State except the following: counties;
cities, villages and incorporated towns; sanitary districts created under
the Metropolitan Water Reclamation District Act; forest preserve districts
having a population of 3,000,000 or more, created under the Cook County Forest
Preserve Park District Act; boards of education of school districts in cities
exceeding 1,000,000 inhabitants; the Chicago Park District created under the
Chicago Park District Act; and park districts as defined in subsection (b) of
Section 1-3 of the Park District Code.
(Source: P.A. 91-357, eff. 7-29-99.)
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35 ILCS 200/23-40
(35 ILCS 200/23-40)
Sec. 23-40.
Error or informality in making levy or in certifying or filing.
In all judicial proceedings concerning the levying and collection of taxes, an
error or informality of any officer or officers in making any tax levy or in
certifying or filing the levy not affecting the substantial justice of the levy
itself, shall not vitiate or void the levy or affect the tax. When the error
or informality in a levy, its certification, filing or publication can be
corrected by amendment, or a levy can be sufficiently itemized, the purpose
defined and made certain by amendment, made prior to the entry of any order of
court affecting the levy or the collection of taxes thereon, an amendment or
amendments, certification, filing or publication may be made by the taxing
bodies affected. The ordinance, resolution, publication or certificate, as
amended, certified, filed or published, shall, upon proof of such amendment or
amendments, certification, filing or publication being made to the court, have
the same force and effect as though originally adopted, published, filed and
certified in the amended form. The aggregate amount or rate of the original
levy shall not be increased by an action taken under this Section. A statute
terminating the time within which appropriations or tax levies may be made,
published, certified or filed, shall not apply to any republication,
recertification or refiling, or to any amendment or revision authorized or
permitted by this Section.
(Source: Laws 1939, p. 886; P.A. 88-455.)
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35 ILCS 200/23-45
(35 ILCS 200/23-45)
Sec. 23-45.
Time limit after objection is filed with the Court.
If, after
10 years from the
date an objection is filed there has been no further action on the objection,
the objection shall be dismissed as a matter of law with prejudice. The
circuit clerk shall enter the dismissal of record. The Collector may then
distribute the taxes. The Collector shall determine whether to use the tax
rates for the year the objection was filed or the tax rates for the most recent
tax year in distributing the taxes. This Section applies to tax objections
filed before, on, or after the effective date of this amendatory Act of
1996.
(Source: P.A. 89-695, eff. 12-31-96.)
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35 ILCS 200/Tit. 9
(35 ILCS 200/Tit. 9 heading)
TITLE 9.
OTHER PROVISIONS
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35 ILCS 200/Art. 24
(35 ILCS 200/Art. 24 heading)
Article 24.
General Provisions
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35 ILCS 200/24-5
(35 ILCS 200/24-5)
Sec. 24-5.
Tax on personal property.
Ad valorem personal property taxes
shall not be levied on any personal property having tax situs in this State.
However, this Section shall not prohibit the collection after January 1, 1979
of
any taxes levied under this Code prior to January 1, 1979, on personal property
subject to assessment and taxation under this Code prior to January 1, 1979. No
property lawfully assessed and taxed as personal property prior to January 1,
1979, or property of like kind acquired or placed in use after January 1, 1979,
shall be classified as real property subject to assessment and taxation. No
property lawfully assessed and taxed as real property prior to January 1, 1979,
or property of like kind acquired or placed in use after January 1, 1979, shall
be classified as personal property.
(Source: P.A. 82-935; 88-455.)
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35 ILCS 200/24-10
(35 ILCS 200/24-10)
Sec. 24-10.
Statute of limitations for collection of penalties and interest
on delinquent personal property taxes. Any interest or penalty on personal
property tax levied pursuant to the Revenue Act of 1939 by any taxing district,
as defined in that Act, located in a county of less than 400,000 inhabitants,
shall not be collected more than 7 years after the date on which the tax was
initially levied, notwithstanding any judgment which has been obtained in
relation to collection of the tax. For purposes of this Section, "personal
property tax" means a tax on personal property imposed by taxing districts
pursuant to the Revenue Act of 1939 prior to abolition of authority to impose
personal property tax in Illinois.
(Source: P.A. 86-179; 88-455.)
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35 ILCS 200/24-15
(35 ILCS 200/24-15)
Sec. 24-15.
Forms and instructions.
The Department shall make out and
forward to each county clerk for the use of the clerks and other officers,
suitable forms and instructions. All instructions shall be strictly complied
with by the officers in the performance of their duties. The Department shall
give its opinion and advice on all questions of doubt as to the intent and
meaning of the provisions of this Code.
(Source: Laws 1943, vol. 1, p. 1136; P.A. 88-455.)
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35 ILCS 200/24-20
(35 ILCS 200/24-20)
Sec. 24-20.
Subpoenas.
Any person
may serve any subpoena issued under this Code.
(Source: Laws 1965, p. 354; P.A. 88-455.)
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35 ILCS 200/24-25
(35 ILCS 200/24-25)
Sec. 24-25.
Notices.
All notices required by this Code shall be written or
printed notices and shall be served personally upon the persons entitled to
notice, or their agents, or by sending the notice by mail to the person so
entitled to notice, or to his or her agent, if the residence or business
address of the person is known, or by reasonable effort can be ascertained. If
the address of a person can not be ascertained, then the notice shall be sent
to the address of the person who last paid the taxes upon the property in
question. A failure to give any notice required by this Code shall not impair
or affect the validity of any assessment as finally made.
(Source: Laws 1939, p. 886; P.A. 88-455.)
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35 ILCS 200/24-30
(35 ILCS 200/24-30)
Sec. 24-30.
Oaths.
Any oath, authorized to be administered under this Code,
may be administered by an assessor or deputy assessor, or by any other officer
having authority to administer oaths.
(Source: Laws 1939, p. 886; P.A. 88-455.)
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35 ILCS 200/24-35 (35 ILCS 200/24-35)
Sec. 24-35. Property Tax Reform and Relief Task Force.
(a) There is created the Property Tax Reform and Relief Task Force consisting of 9 members appointed as follows: 3 members appointed by the President of the Senate, one of whom shall be designated as the chair of the Task Force upon appointment; 2 members appointed by the Minority Leader of the Senate; 2 members appointed by the Speaker of the House of Representatives; and 2 members appointed by the Minority Leader of the House of Representatives.
(b) The Task Force shall conduct a
study of the property tax system in Illinois and investigate
methods of reducing the reliance on property taxes and
alternative methods of funding. (c) The members of the Task Force shall serve
without compensation but shall be reimbursed for their
reasonable and necessary expenses from funds appropriated for that purpose.
(d) The Task Force shall submit its findings to
the General Assembly no later than January 1, 2010, at
which time the Task Force is dissolved.
(e) The Department of Revenue shall provide administrative support to the Task Force.
(Source: P.A. 95-644, eff. 10-12-07.) |
35 ILCS 200/24-36 (35 ILCS 200/24-36) Sec. 24-36. (Repealed).
(Source: P.A. 101-181, eff. 8-2-19. Repealed internally, eff. 12-31-20.) |
35 ILCS 200/Art. 25
(35 ILCS 200/Art. 25 heading)
Article 25.
Penalties
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35 ILCS 200/25-5
(35 ILCS 200/25-5)
Sec. 25-5.
Delivery and receipt of collector's book before bond approved.
If
any county clerk delivers the tax books into the hands of the county collector,
or if any collector receives the books or collects any taxes before the
collector's bond has been approved and filed, as required by this Code, the
clerk and collector, and each of them, shall be liable to a penalty of not less
than $500, and all damages and costs, to be recovered in a civil action. The
State's Attorney shall bring suit, in the name of the People of the State of
Illinois. Nothing in this Section shall be construed as relieving the sureties
of a collector from liabilities incurred under a bond not approved and filed as
required by this Code.
(Source: P.A. 76-2254; 88-455.)
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35 ILCS 200/25-10
(35 ILCS 200/25-10)
Sec. 25-10.
Failure of collector to obtain timely judgment or present list
of errors. If any collector, by his own neglect, fails to obtain judgment
within the time prescribed by this Code, or fails to present his list of errors
in assessment of property at the time required by this Code, he shall lose the
benefit of any abatement to which he might have been entitled, and shall pay to
the county the full amount charged against him, except that in the 10 years
next following the completion of a general reassessment of property in any
county with 3,000,000 or more inhabitants, the collector is under no duty to
obtain judgment earlier than 30 days after taxes upon property have become
delinquent and have begun to bear interest.
(Source: P.A. 83-121; 88-455.)
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35 ILCS 200/25-15
(35 ILCS 200/25-15)
Sec. 25-15.
Knowing failure of local assessment officer to perform
duties. Any local assessment officer or other person whose
duty it is to assess property for taxation or equalize any assessment,
who refuses or knowingly or wilfully neglects any duty required of him
by law, or who consents to or connives at any evasion of this Code whereby any
property required to be assessed is unlawfully exempted in whole or in part, or
the valuation thereof is set down at more or less than is required by law, is
guilty of a Class A misdemeanor. He or she shall also be liable upon his bond
to the party injured for all damages sustained by that party. He or she shall
also be removed from office by the judge of the court before whom he or she is
tried and convicted.
(Source: P.A. 77-2236; 88-455.)
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35 ILCS 200/25-20
(35 ILCS 200/25-20)
Sec. 25-20.
Knowing failure of public officer to perform duties.
Every
public officer who refuses to perform or knowingly neglects any duty enjoined
upon him by this Code, or who consents or connives to evade its provisions,
whereby any proceeding required by this Code shall be prevented or hindered, or
whereby any property required to be listed for taxation is unlawfully exempted
or the same be entered upon the assessment or collector's books at less than
the value required by this Code, or the percentage as may be provided by a
county ordinance adopted under Section 4 of Article IX of the Constitution of
Illinois, shall, for every such offense, neglect or refusal, be liable, on the
complaint of any person, for double the amount of the loss or damage caused
thereby, to be recovered in a civil action in the name of the People of the
State of Illinois in any court having jurisdiction, and may be removed from
office at the discretion of the court.
(Source: P.A. 80-247; 88-455.)
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35 ILCS 200/25-25
(35 ILCS 200/25-25)
Sec. 25-25.
Failure of officer to perform duties if no other penalty
provided. If any officer fails or neglects to perform any of the duties
required of him by this Code, upon being required so to do by any person
interested in the matter, and for the failure or neglect to perform that duty
there is no other or specific penalty provided in this Code, he shall be liable
to a fine of not less than $10 nor more than $500, to be recovered in a civil
action in the circuit court of the proper county, and may be removed from
office at the discretion of the court. Any officer who
knowingly violates any of the provisions of this Code, for the violation of
which there is no other specific penalty provided in this Code, shall be
liable to a fine not less than $10 nor more than $1,000 to be recovered in a
civil action in the name of the People of the State of Illinois, in any court
having jurisdiction and may be removed from office at the discretion of the
court. Fines when recovered shall be paid into the county treasury.
(Source: Laws 1939, p. 886; P.A. 88-455.)
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35 ILCS 200/25-30
(35 ILCS 200/25-30)
Sec. 25-30.
Failure of collector to attend tax sale.
If any county collector
or designated deputy fails to attend any sale advertised under this Code, and
offer property for sale as required by law, he or she shall be liable to pay
the amount of taxes, special assessments and costs due on the advertised
property. The county collector may afterwards advertise and sell the delinquent
property to reimburse himself or herself for the amount advanced by him or her,
but at the sale no property shall be forfeited to the State.
(Source: Laws 1939, p. 886; P.A. 88-455.)
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35 ILCS 200/25-35
(35 ILCS 200/25-35)
Sec. 25-35.
Failure of county clerk to attend tax sale or keep required
records. If any county clerk or designated deputy fails to attend any tax sale,
or to make and keep the record, as required by this Code, he or she shall
forfeit and pay the sum of $500, and shall be liable to indictment for that
failure. Upon conviction he or she shall be removed from office. The sum shall
be sued for in civil action, in the name of the People of the State of
Illinois, and when recovered shall be paid into the county treasury.
(Source: Laws 1939, p. 886; P.A. 88-455.)
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35 ILCS 200/25-40
(35 ILCS 200/25-40)
Sec. 25-40.
Fraudulent return or schedule.
Any person who, with intent to
defeat or evade the law in relation to the assessment of property, delivers or
discloses to any assessor or deputy assessor a false or fraudulent list, return
or schedule of his or her property not exempted by law from taxation, is guilty
of a Class A misdemeanor.
(Source: P.A. 77-2236; 88-455.)
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35 ILCS 200/25-45
(35 ILCS 200/25-45)
Sec. 25-45.
Duty of state's attorney to prosecute.
The State's Attorney of
each county shall prosecute all violators of this Code. They shall receive as
fees the sum of $20 in counties with less than 3,000,000 inhabitants and $40 in
counties with 3,000,000 or more inhabitants for each conviction, to be taxed as
costs, and 10% of all fines collected. The residue of all fines collected under
this Code shall be paid into the county treasury for use of the county.
(Source: P.A. 87-669; 88-455.)
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35 ILCS 200/Art. 26
(35 ILCS 200/Art. 26 heading)
Article 26.
Savings Provisions
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35 ILCS 200/26-5
(35 ILCS 200/26-5)
Sec. 26-5.
Failure to complete assessment in time.
An assessment completed
beyond the time limits required by this Code shall be as legal and valid as if
completed in the time required by law.
(Source: Laws 1939, p. 886; P.A. 88-455.)
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