HB1604 EngrossedLRB098 06020 HLH 36059 b

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 changing
5Section 9-265 as follows:
 
6    (35 ILCS 200/9-265)
7    Sec. 9-265. Omitted property; interest; change in exempt
8use or ownership.
9    (a) If any property is omitted in the assessment of any
10year or years, not to exceed the current assessment year and 3
11prior years, so that the taxes, for which the property was
12liable, have not been paid, or if by reason of defective
13description or assessment, taxes on any property for any year
14or years have not been paid, or if any taxes are refunded under
15subsection (b) of Section 14-5 because the taxes were assessed
16in the wrong person's name, the property, when discovered,
17shall be listed and assessed by the board of review or, in
18counties with 3,000,000 or more inhabitants, by the county
19assessor either on his or her own initiative or when so
20directed by the board of appeals or board of review.
21    (b) The board of review in counties with less than
223,000,000 inhabitants or the county assessor in counties with
233,000,000 or more inhabitants may develop reasonable

 

 

HB1604 Engrossed- 2 -LRB098 06020 HLH 36059 b

1procedures for contesting the listing of omitted property under
2this Division.
3    (c) For purposes of this Section, "defective description or
4assessment" includes a description or assessment which omits
5all the improvements thereon as a result of which part of the
6taxes on the total value of the property as improved remain
7unpaid. In the case of property subject to assessment by the
8Department, the property shall be listed and assessed by the
9Department. All such property shall be placed on the assessment
10and tax books.
11    (d) The arrearages of taxes which might have been assessed,
12with 10% interest thereon for each year or portion thereof from
132 years after the time the first correct tax bill ought to have
14been received, shall be charged against the property by the
15county clerk.
16    (e) When property or acreage omitted by either incorrect
17survey or other ministerial assessor error is discovered and
18the owner has paid its tax bills as received for the year or
19years of omission of the parcel, then the interest authorized
20by this Section shall not be chargeable to the owner. However,
21nothing in this Section shall prevent the collection of the
22principal amount of back taxes due and owing.
23    (f) If any property listed as exempt by the chief county
24assessment officer has a change in use, a change in leasehold
25estate, or a change in titleholder of record by purchase,
26grant, taking or transfer, it shall be the obligation of the

 

 

HB1604 Engrossed- 3 -LRB098 06020 HLH 36059 b

1transferee to notify the chief county assessment officer in
2writing within 90 days of the change. If mailed, the notice
3shall be sent by certified mail, return receipt requested, and
4shall include the name and address of the taxpayer, the legal
5description of the property, and the property index number of
6the property when an index number exists. If notice is provided
7in person, it shall be provided on a form prescribed by the
8chief county assessment officer, and the chief county
9assessment officer shall provide a date stamped copy of the
10notice. Except as provided in item (6) of subsection (a) of
11Section 9-260, item (6) of Section 16-135, and item (6) of
12Section 16-140 of this Code, if the failure to give the
13notification results in the assessing official continuing to
14list the property as exempt in subsequent years, the property
15shall be considered omitted property for purposes of this Code.
16    (g) In counties with fewer than 3,000,000 inhabitants, if a
17chief county assessment officer discovers at any time before
18judgment that a property has been granted a homestead exemption
19under Article 15 of this Code to which it was not entitled, the
20chief county assessment officer may consider the erroneously
21exempt portion of the property as omitted property under this
22Section for that taxable year only.
23(Source: P.A. 96-1553, eff. 3-10-11.)