97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1335

 

Introduced 2/8/2011, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/16-181 new

    Amends the Property Tax Code. Provides that a board of review may enter into discussions with a taxpayer aimed at achieving a stipulated revised assessment upon the property. Contains provisions concerning notice provided to taxing districts. Contains provisions concerning objections by taxing districts to the proposed assessment, and requires that those objections be submitted to the board of review within 45 days after the district receives notice of the proposed assessment. Provides that, within 120 days after the Property Tax Appeal Board's receipt of the stipulation or assessment agreement, the Property Tax Appeal Board shall issue a decision in accordance with the stipulation or assessment agreement, unless it finds that the Property Tax Appeal Board lacks jurisdiction over the appeal or that the stipulation or assessment agreement is against the manifest weight of the evidence. Contains provisions concerning notice to taxing districts. Provides that discussions of a proposed settlement may not be used as evidence in any hearing with respect to that assessment year and that property. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by adding
5Section 16-181 as follows:
 
6    (35 ILCS 200/16-181 new)
7    Sec. 16-181. Stipulation to revised assessment. The board
8of review whose decision is being appealed may, at its
9discretion, enter into discussions with a taxpayer aimed at
10achieving a stipulated revised assessment upon the property,
11either prior to or after receipt of the taxpayer's petition
12from the Property Tax Appeal Board. If such discussions
13commence prior to the board of review's receipt of the
14taxpayer's petition from the Property Tax Appeal Board, the
15taxpayer shall provide the board of review with such evidence
16of the taxpayer's timely filing of its appeal before the
17Property Tax Appeal Board as the board of review may request,
18including but not limited to a copy of the taxpayer's petition
19as filed with the Property Tax Appeal Board. If, after
20discussions have been entered into, the taxpayer and the board
21of review propose to stipulate to a revised assessment of the
22property, and if the original complaint requested a reduction
23in assessed value of more than $100,000, then the board of

 

 

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1review shall first serve a copy of the proposed stipulation or
2assessment agreement on all taxing districts as shown on the
3last available property tax bill, along with a copy of the
4taxpayer's petition as provided to the board of review and all
5other evidence used to reach the settlement. The taxing
6districts so served shall have a period of 45 days after the
7postmark date of the notice from the board of review to file a
8written objection to the proposal with the board of review.
9Failure of a taxing district to object to the proposed
10assessment within the 45-day objection period shall be
11considered acceptance of the proposed assessment. Upon the
12later of (i) the expiration of the 45-day objection period or
13(ii) written resolution of any timely filed written objection
14received from a taxing district, the board of review shall
15provide the proposed stipulation or assessment agreement to the
16Property Tax Appeal Board along with a certificate of service
17affirming that all taxing districts have been notified of the
18proposed stipulation or assessment agreement, and that no
19timely written objections to the stipulation or assessment
20agreement have been received or that any such objections have
21been fully resolved. The certificate of service shall be signed
22by a member of the board of review or the clerk of the board of
23review. Within 120 days after the Property Tax Appeal Board's
24receipt of the stipulation or assessment agreement and
25certificate of service, the Property Tax Appeal Board shall
26issue a decision in accordance with the stipulation or

 

 

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1assessment agreement, unless it finds that the Property Tax
2Appeal Board lacks jurisdiction over the appeal or that the
3stipulation or assessment agreement is against the manifest
4weight of the evidence.
5    If the board of review provides notice to the affected
6taxing districts of the proposed stipulation or assessment
7agreement, and a taxing district (i) does not respond to the
8notice, (ii) accepts the proposed assessment, or (iii) reaches
9a written resolution with the board of review and the taxpayer,
10then the board of review is not required to otherwise send
11notice as required by Section 16-180 of the Property Tax Code
12to that taxing district, and that taxing district is precluded
13from intervening or otherwise participating in the appeal
14pending before the Property Tax Appeal Board challenging the
15assessment. If a taxing district files a written objection to
16the proposal to the board of review which is not followed by a
17written resolution, then the appeal shall proceed as provided
18by law, the board of review must notify that taxing district as
19required by Section 16-180, and any proposed stipulation or
20assessment agreement shall not be considered or introduced as
21evidence in any proceeding before the Property Tax Appeal
22Board.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.