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|[ Introduced ]||[ Enrolled ]||[ House Amendment 001 ]|
|[ Senate Amendment 001 ]|
91_HB0521eng HB0521 Engrossed LRB9101985PTpk 1 AN ACT concerning property valuation. 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 9-160, 9-165, and 9-180 as follows: 6 (35 ILCS 200/9-160) 7 Sec. 9-160. Valuation in years other than general 8 assessment years. On or before June 1 in each year other 9 than the general assessment year, in all counties with less 10 than 3,000,000 inhabitants, and as soon as he or she 11 reasonably can in counties with 3,000,000 or more 12 inhabitants, the assessor shall list and assess all property 13 which becomes taxable and which is not upon the general 14 assessment, and also make and return a list of all new or 15 added buildings, structures or other improvements of any 16 kind, the value of which had not been previously added to or 17 included in the valuation of the property on which such 18 improvements have been made, specifying the property on which 19 each of the improvements has been made, the kind of 20 improvement and the value which, in his or her opinion, has 21 been added to the property by the improvements. The 22 assessment shall also include or exclude, on a proportionate 23 basis in accordance with the provisions of Section 9-180, all 24 new or added buildings, structures or other improvements, the 25 value of which was not included in the valuation of the 26 property for that year, and all improvements which were 27 destroyed or removed. In case of the destruction or injury by 28 fire, flood, cyclone, storm or otherwise, or removal of any 29 structures of any kind, or of the destruction of or any 30 injury to orchard timber, ornamental trees or groves, the 31 value of which has been included in any former valuation of HB0521 Engrossed -2- LRB9101985PTpk 1 the property, the assessor shall determine as near as 2 practicable how much the value of the property has been 3 diminished, and make return thereof. 4 Beginning January 1, 1996, the authority within a unit of 5 local government that is responsible for issuing building or 6 occupancy permits shall notify the chief county assessment 7 officer, by December 31 of the assessment year, when a full 8 or partial occupancy permit has been issued for a parcel of 9 real property. The chief county assessment officer shall 10 include in the assessment of the property for the current 11 year the proportionate value of new or added improvements on 12 that property from the date the occupancy permit was issued 13 or from the date the new or added improvement was inhabitable 14 and fit for occupancy or for intended customary use 15
substantially completeduntil December 31 of that year. If 16 the chief county assessment officer has already certified the 17 books for the year, the board of review or interim board of 18 review shall assess the new or added improvements on a 19 proportionate basis for the year in which the improvement was20 substantially completed or theoccupancy permit was issued or 21 the new or added improvement was inhabitable and fit for 22 occupancy or for intended customary use. The proportionate 23 value of the new or added improvements may be assessed by the 24 board of review or interim board of review as omitted 25 property pursuant to Sections 9-265, 9-270, 16-50 and 16-140 26 in a subsequent year on a proportionate basis for the year in 27 which the improvement was substantially completed or the28 occupancy permit was issued or the new or added improvement 29 was inhabitable and fit for occupancy or for intended 30 customary use if it was not assessed in that year. 31 (Source: P.A. 88-455; 89-412, eff. 11-17-95.) 32 (35 ILCS 200/9-165) 33 Sec. 9-165. Definitions. As used in Sections 9-165 and HB0521 Engrossed -3- LRB9101985PTpk 1 9-180 Section 9-170: 2 "Municipality" means a city, village or incorporated town 3 . ;4 "Governing body" means (a) the corporate authorities of a 5 municipality with respect to territory within its corporate 6 limits and (b) the county board with respect to territory in 7 the county not within the corporate limits of any 8 municipality. 9 " Certificate ofOccupancy permit" means the certificate 10 or permit, by whatever name denominated, which a municipality 11 or county, under its authority to regulate the construction 12 of buildings, issues as evidence that all applicable 13 requirements have been complied with and requires before any 14 new, reconstructed or remodeled building may be lawfully 15 occupied. 16 (Source: P.A. 78-376; 88-455; revised 10-31-98.) 17 (35 ILCS 200/9-180) 18 Sec. 9-180. Pro-rata valuations; improvements or removal 19 of improvements. The owner of property on January 1 also 20 shall be liable, on a proportionate basis, for the increased 21 taxes occasioned by the construction of new or added 22 buildings, structures or other improvements on the property 23 from the date when the occupancy permit was issued or from 24 the date the new or added improvement was inhabitable and fit 25 for occupancy or for intended customary use substantially26 completed or initially occupied or initially used,to 27 December 31 of that year. The owner of the improved property 28 shall notify the assessor, within 30 days of the issuance of 29 an occupancy permit or within 30 days of completion of the 30 improvements, on a form prescribed by that official, and 31 request that the property be reassessed. The notice shall be 32 sent by certified mail, return receipt requested and shall 33 include the legal description of the property. HB0521 Engrossed -4- LRB9101985PTpk 1 When, during the previous calendar year, any buildings, 2 structures or other improvements on the property were 3 destroyed and rendered uninhabitable or otherwise unfit for 4 occupancy or for customary use by accidental means (excluding 5 destruction resulting from the willful misconduct of the 6 owner of such property), the owner of the property on January 7 1 shall be entitled, on a proportionate basis, to a 8 diminution of assessed valuation for such period during which 9 the improvements were uninhabitable or unfit for occupancy or 10 for customary use. The owner of property entitled to a 11 diminution of assessed valuation shall, on a form prescribed 12 by the assessor, within 90 days after the destruction of any 13 improvements or, in counties with less than 3,000,000 14 inhabitants within 90 days after the township or 15 multi-township assessor has mailed the application form as 16 required by Section 9-190, file with the assessor for the 17 decrease of assessed valuation. Upon failure so to do within 18 the 90 day period, no diminution of assessed valuation shall 19 be attributable to the property. 20 Computations under this Section shall be on the basis of 21 a year of 365 days. 22 (Source: P.A. 88-455; 89-412, eff. 11-17-95.) 23 Section 90. The State Mandates Act is amended by adding 24 Section 8.23 as follows: 25 (30 ILCS 805/8.23 new) 26 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6 27 and 8 of this Act, no reimbursement by the State is required 28 for the implementation of any mandate created by this 29 amendatory Act of the 91st General Assembly.
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