91st General Assembly
Summary of SB0880
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Senate Sponsors:
LAUZEN.

House Sponsors:
BIGGINS

Short description: 
MUNI CD-TECHNICAL                                                          

Synopsis of Bill as introduced:
        Amends the Illinois Municipal Code by making technical changes to      
   the short title.                                                            
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          65 ILCS 5/1-1-1                                                      
          Adds reference to:                                                   
          New Act                                                              
        Deletes everything. Creates the Local Government Taxpayers'  Bill      
   of  Rights  Act.   Requires units of local government to: determine in      
   what order payments will be applied to tax liabilities, penalties, and      
   interest; adopt a statute of limitations  for  the  determination  and      
   assessment  of taxes; follow certain procedures when conducting audits      
   or appeals; abate taxes, interest, and penalties assessed  because  of      
   erroneous  written information or advice provided to a taxpayer by the      
   unit of local government; place seized bank accounts in escrow  for  a      
   period  of  20 days; appoint a Tax Appeal Officer or Board of Appeals;      
   disclose the amount of tax due; establish an internal  review  process      
   concerning  liens;  and  provide  copies  of  tax  ordinances  to  the      
   Department  of  Commerce  and Community Affairs.  Limits the amount of      
   interest  and  penalties  that  may  be  assessed  against  taxpayers.      
   Provides that units of local government  may  not  cancel  installment      
   contracts  unless  a taxpayer fails to pay any amount due and fails to      
   cure  the  delinquency.   Allows  taxpayers  to  sue  units  of  local      
   government if the unit of local government intentionally or recklessly      
   disregards tax laws, regulations, or rules.  Requires  the  Department      
   of  Commerce  and Community Affairs to retain copies of tax ordinances      
   and to maintain a database of those ordinances that is  accessible  to      
   interested taxpayers.  Contains other provisions.  Preempts home rule.      
   Effective immediately.                                                      
          HOME RULE NOTE, S-AM 1                                               
          (Department of Commerce and Community Affairs)                       
          SB880 (S-am 1) pre-empts home rule authority.                        
          STATE MANDATES NOTE, S-AM 1                                          
          (Department of Commerce and Community Affairs)                       
          SB880 (S-am 1) creates a due process mandate and a local gov't.      
          organization and structure mandate.                                  
        SENATE AMENDMENT NO. 2.                                                
        Provides that "locally imposed  and  administered  tax"  includes      
   fees collected by a unit of local government other than infrastructure      
   maintenance  fees.   Provides  that a "Tax Appeal Officer" includes an      
   existing employee of a unit  of  local  government  or  an  individual      
   appointed  by a unit of local government who reviews appeals resulting      
   from an audit of a taxpayer's books and records conducted by the local      
   tax administrator. Provides that a "unit of local government" does not      
   include (i) home rule municipalities with a  population  greater  than      
   1,000,000  and  (ii) home rule counties with a population greater than      
   3,000,000 that have locally administered  departments  or  bureaus  of      
   revenue.  Requires units of local government to abate taxes, interest,      
   and penalties assessed based upon the erroneous written  advice  (now,      
   advice)  of the local tax administrator.  Deletes requirement that the      
   unit of local government abate taxes, interest, and penalties assessed      
   based upon the erroneous written information or advice  given  by  the      
   staff, employees, or authorized agents of the local tax administrator.      
   Deletes  provisions  concerning  Tax  Appeal  Officers  and  Boards of      
   Appeals.  Requires units of local government to appoint  one  or  more      
   Tax  Appeal  Officers  to  review  requests  for  abatement  of taxes,      
   interest, or penalties resulting from an audit of a  taxpayer's  books      
   and  records.   Allows the Tax Appeal Officer to abate, in whole or in      
   part, any tax, interest, or penalty with the approval of the local tax      
   administrator.  Allows a taxpayer to sue a unit of local government if      
   the local tax administrator willfully or wantonly (now,  intentionally      
   or   recklessly)   disregards  any  laws,  regulations,  or  rules  in      
   collecting taxes.  Makes other changes.                                     
 
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   2


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