State of Illinois
91st General Assembly
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Public Act 91-0686

SB1144 Enrolled                                LRB9106152PTpk

    AN ACT to amend the Property Tax Code by changing Section
14-15.

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

    Section  5.  The Property Tax Code is amended by changing
Section 14-15 as follows:

    (35 ILCS 200/14-15)
    Sec. 14-15.  Certificate of error; counties of  3,000,000
or more.
    (a)  In  counties with 3,000,000 or more inhabitants, if,
after the assessment is certified pursuant to Section 16-150,
but subject to the limitations  of  subsection  (c)  of  this
Section, the county assessor discovers an error or mistake in
the  assessment,  the  assessor  shall  execute a certificate
setting forth  the  nature  and  cause  of  the  error.   The
certificate  when  endorsed  by  the county assessor, or when
endorsed by the county assessor and board of  appeals  (until
the  first  Monday  in  December 1998 and the board of review
beginning the first Monday in December 1998  and  thereafter)
where  the  certificate  is executed for any assessment which
was the subject of a complaint filed in the board of  appeals
(until  the  first  Monday  in December 1998 and the board of
review beginning  the  first  Monday  in  December  1998  and
thereafter)  for  the  tax  year for which the certificate is
issued, may, either be certified according to  the  procedure
authorized  by  this  Section or be presented and received in
evidence   in   any   court   of   competent    jurisdiction.
Certification  is authorized, at the discretion of the county
assessor, for:  (1) certificates of error allowing  homestead
exemptions  pursuant  to Sections 15-170, 15-172, and 15-175;
(2) certificates of error on residential property of 6  units
or  less; (3) certificates of error allowing exemption of the
property  pursuant  to   Section   14-25;   and   (4)   other
certificates  of  error  reducing assessed value by less than
$100,000.  Any certificate of error not  certified  shall  be
presented  to  the  court.  The county assessor shall develop
reasonable  procedures  for  the  filing  and  processing  of
certificates  of  error.   Prior  to  the  certification   or
presentation  to the court, the county assessor or his or her
designee shall execute and  include  in  the  certificate  of
error  a statement attesting that all procedural requirements
pertaining to the issuance of the certificate of  error  have
been met and that in fact an error exists. When so introduced
in evidence such certificate shall become a part of the court
records,  and shall not be removed from the files except upon
the order of the court.
    Certificates of error that will be presented to the court
shall be  filed  as  an  objection  in  the  application  for
judgment  and order of sale for the year in relation to which
the certificate is made or as an amendment to  the  objection
under  subsection  (b).  Certificates of error that are to be
certified according  to  the  procedure  authorized  by  this
Section need not be presented to the court as an objection or
an  amendment  under  subsection (b). The State's Attorney of
the county in which the property is  situated  shall  mail  a
copy of any final judgment entered by the court regarding any
certificate  of  error to the taxpayer of record for the year
in question.
    Any unpaid taxes after the entry of the final judgment by
the court or certification on certificates issued under  this
Section  may be included in a special tax sale, provided that
an advertisement is published and a notice is mailed  to  the
person  in whose name the taxes were last assessed, in a form
and manner substantially similar  to  the  advertisement  and
notice  required  under  Sections  21-110  and  21-135.   The
advertisement  and sale shall be subject to all provisions of
law  regulating  the  annual  advertisement   and   sale   of
delinquent  property, to the extent that those provisions may
be made applicable.
    A certificate of error certified under this Section shall
be given effect by the county treasurer, who shall  mark  the
tax   books  and,  upon  receipt  of  one  of  the  following
certificates from the county assessor or the county  assessor
and the board of review where the board of review is required
to  endorse  the certificate of error, shall issue refunds to
the taxpayer accordingly:

                       "CERTIFICATION
    I, .................., county  assessor,  hereby  certify
    that  the  Certificates  of Error set out on the attached
    list have been duly issued to correct an error or mistake
    in the assessment."

                       "CERTIFICATION
    I,   ..................,   county   assessor,   and   we,
    ........................................................,
    members of the board of review, hereby certify  that  the
    Certificates  of  Error set out on the attached list have
    been duly issued to correct an error or  mistake  in  the
    assessment and that any certificates of error required to
    be   endorsed  by  the  board  of  review  have  been  so
    endorsed."

    The county treasurer has the power to mark the tax  books
to  reflect  the  issuance of certificates of error certified
according to the procedure authorized  in  this  Section  for
certificates   of   error   issued  under  Section  14-25  or
certificates of error issued to and including 3  years  after
the  date  on which the annual judgment and order of sale for
that tax year was first entered.  The  county  treasurer  has
the power to issue refunds to the taxpayer as set forth above
until  all  refunds  authorized  by  this  Section  have been
completed.
    To the extent that the certificate of error obviates  the
liability   for  nonpayment  of  taxes,  certification  of  a
certificate of error according to the procedure authorized in
this  Section  shall  operate  to  vacate  any  judgment   or
forfeiture as to that year's taxes, and the warrant books and
judgment  books  shall be marked to reflect that the judgment
or forfeiture has been vacated.
    (b)  Nothing in subsection (a) of this Section  shall  be
construed  to  prohibit the execution, endorsement, issuance,
and adjudication of a certificate of error if (i) the  annual
judgment  and  order  of sale for the tax year in question is
reopened for further proceedings upon consent of  the  county
collector  and  county  assessor,  represented by the State's
Attorney, and (ii)  a  new  final  judgment  is  subsequently
entered  pursuant  to  the  certificate.  This subsection (b)
shall be construed as declarative of existing law and not  as
a new enactment.
    (c)  No certificate of error, other than a certificate to
establish an exemption under Section 14-25, shall be executed
for  any  tax  year more than 3 years after the date on which
the annual judgment and order of sale for that tax  year  was
first  entered,  except  that  during calendar years 1999 and
2000 a certificate of error may be executed for any tax year,
provided that the error or  mistake  in  the  assessment  was
discovered  no  more than 3 years after the date on which the
annual judgment and order of sale for that tax year was first
entered.
    (d)  The time limitation  of  subsection  (c)  shall  not
apply  to  a certificate of error correcting an assessment to
$1, under Section 10-35, on a parcel that  a  subdivision  or
planned  development  has  acquired by adverse possession, if
during the tax year for which the certificate is executed the
subdivision or planned development used the parcel as  common
area, as defined in Section 10-35, and if application for the
certificate of error is made prior to December 1, 1997.
    (e)  The  changes made by this amendatory Act of the 91st
General  Assembly  apply  to  certificates  of  error  issued
before, on, and after the effective date of  this  amendatory
Act of the 91st General Assembly.
(Source: P.A. 90-4, eff. 3-7-97; 90-288, eff. 8-1-97; 90-655,
eff. 7-30-98; 91-393, eff. 7-30-99.)

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

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