Full Text of HB2217 101st General Assembly
HB2217ham001 101ST GENERAL ASSEMBLY | Rep. William Davis Filed: 3/5/2019
| | 10100HB2217ham001 | | LRB101 05238 HLH 56942 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2217
| 2 | | AMENDMENT NO. ______. Amend House Bill 2217 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Sections 9-155 and 9-160 and by adding Division 6 to Article 9 | 6 | | as follows:
| 7 | | (35 ILCS 200/9-155)
| 8 | | Sec. 9-155. Valuation in general assessment years. | 9 | | (a) On or before June 1 in
each general assessment year in | 10 | | all counties with less than 3,000,000
inhabitants, and as soon | 11 | | as he or she reasonably can in each general assessment
year in | 12 | | counties with 3,000,000 or more inhabitants, or if any such | 13 | | county is
divided into assessment districts as provided in | 14 | | Sections 9-215 through 9-225,
as soon as he or she reasonably | 15 | | can in each general assessment year in those
districts, the | 16 | | assessor, in person or by deputy, shall actually view and
|
| | | 10100HB2217ham001 | - 2 - | LRB101 05238 HLH 56942 a |
|
| 1 | | determine as near as practicable the value of each property | 2 | | listed for taxation
as of January 1 of that year, or as | 3 | | provided in Section 9-180, and assess the
property at 33 1/3% | 4 | | of its fair cash value, or in accordance with Sections
10-110 | 5 | | through 10-140 and 10-170 through 10-200, or in accordance with | 6 | | a county
ordinance adopted under Section 4 of Article IX of the | 7 | | Constitution of
Illinois. The assessor or deputy shall set | 8 | | down, in the books furnished for
that purpose the assessed | 9 | | valuation of properties in one column, the assessed
value of | 10 | | improvements in another, and the total valuation in a separate | 11 | | column.
| 12 | | (b) When determining the value of property for assessment | 13 | | purposes under this Code, the assessor may consider all | 14 | | relevant information pertaining to the fair cash value of the | 15 | | property, including, but not limited to, income and expense | 16 | | data submitted under this Code, sales data, property | 17 | | characteristics data, construction cost data, appraisals, and | 18 | | other valuation information pertaining to the property | 19 | | concerned and similar types of properties. | 20 | | (Source: P.A. 86-1481; 87-1189; 88-455.)
| 21 | | (35 ILCS 200/9-160)
| 22 | | Sec. 9-160. Valuation in years other than general | 23 | | assessment years. | 24 | | (a) On or
before June 1 in each year other than the general | 25 | | assessment year, in all
counties with less than 3,000,000 |
| | | 10100HB2217ham001 | - 3 - | LRB101 05238 HLH 56942 a |
|
| 1 | | inhabitants, and as soon as he or she
reasonably can in | 2 | | counties with 3,000,000 or more inhabitants, the assessor
shall | 3 | | list and assess all property which becomes taxable and which is | 4 | | not upon
the general assessment, and also make and return a | 5 | | list of all new or added
buildings, structures or other | 6 | | improvements of any kind, the value of which had
not been | 7 | | previously added to or included in the valuation of the | 8 | | property on
which such improvements have been made, specifying | 9 | | the property on which each
of the improvements has been made, | 10 | | the kind of improvement and the value which,
in his or her | 11 | | opinion, has been added to the property by the improvements. | 12 | | The
assessment shall also include or exclude, on a | 13 | | proportionate basis in
accordance with the provisions of | 14 | | Section 9-180, all new or
added buildings, structures or other | 15 | | improvements, the value of which was
not included in the | 16 | | valuation of the property for that year, and all
improvements | 17 | | which were destroyed or removed. In case of the destruction or
| 18 | | injury by fire, flood, cyclone, storm or otherwise, or removal | 19 | | of any
structures of any kind, or of the destruction of or any | 20 | | injury to orchard
timber, ornamental trees or groves, the value | 21 | | of which has been included in any
former valuation of the | 22 | | property, the assessor shall determine as near as
practicable | 23 | | how much the value of the property has been diminished, and | 24 | | make
return thereof.
| 25 | | (b) Beginning January 1, 1996, the authority within a unit | 26 | | of local government
that is responsible for issuing building or |
| | | 10100HB2217ham001 | - 4 - | LRB101 05238 HLH 56942 a |
|
| 1 | | occupancy permits shall notify the
chief county assessment | 2 | | officer, by December 31 of the assessment year, when a
full or | 3 | | partial occupancy permit has
been issued for a
parcel of real | 4 | | property. The chief county assessment officer shall
include in | 5 | | the assessment of the property for the current year the
| 6 | | proportionate value of new or added improvements on that | 7 | | property from the date
the occupancy permit was issued or from | 8 | | the date the new or added
improvement was
inhabitable and fit | 9 | | for occupancy or for intended customary use until December 31 | 10 | | of that year. If the chief county
assessment officer has | 11 | | already certified the books for the year, the board of
review | 12 | | or interim board of review shall assess the new or added | 13 | | improvements on
a proportionate basis for the year in which the | 14 | | occupancy permit was issued or the new or added
improvement was
| 15 | | inhabitable and fit for occupancy or for intended customary | 16 | | use.
The proportionate value of
the
new or added improvements | 17 | | may be assessed by the board of review
or interim
board of | 18 | | review as omitted property pursuant to Sections 9-265, 9-270, | 19 | | 16-50
and 16-140 in a subsequent year on a proportionate basis | 20 | | for the year in which
the occupancy permit was
issued or the | 21 | | new or added improvement was
inhabitable and fit for occupancy | 22 | | or for intended customary use
if it was not assessed in that | 23 | | year.
| 24 | | (c) When determining the value of property for assessment | 25 | | purposes under this Code, the assessor may consider all | 26 | | relevant information pertaining to the fair cash value of the |
| | | 10100HB2217ham001 | - 5 - | LRB101 05238 HLH 56942 a |
|
| 1 | | property, including, but not limited to, income and expense | 2 | | data submitted under this Act, sales data, property | 3 | | characteristics data, construction cost data, appraisals, and | 4 | | other valuation information pertaining to the property | 5 | | concerned and similar types of properties. | 6 | | (Source: P.A. 91-486, eff. 1-1-00.)
| 7 | | (35 ILCS 200/Art. 9 Div. 6 heading new) | 8 | | Division 6. Income Producing Property | 9 | | (35 ILCS 200/9-280 new) | 10 | | Sec. 9-280. Definitions. As used in this Article: | 11 | | "Income and expense data" means annual reports or documents | 12 | | created in the ordinary course of business documenting income | 13 | | generated from and expenses associated with income producing | 14 | | property. The term "income and expense data" includes federal | 15 | | income tax returns related to income producing property, such | 16 | | as Internal Revenue Service Schedule E or Schedule 8825, annual | 17 | | reports, rent rolls, and certified or uncertified annual income | 18 | | and expense statements reflecting revenue and costs | 19 | | attributable to the property for the current and immediately | 20 | | preceding calendar year. | 21 | | "Income producing property" means non-owner-occupied real | 22 | | property that is owned for the purpose of generating income | 23 | | from the property itself, whether or not that property actually | 24 | | generates income in a particular year, and includes hotels and |
| | | 10100HB2217ham001 | - 6 - | LRB101 05238 HLH 56942 a |
|
| 1 | | motels, parking garages and lots, senior and adult care | 2 | | facilities, gas stations, and self-storage facilities, but | 3 | | does not include: | 4 | | (1) property with an assessed value of $100,000 or less | 5 | | in the most recent assessment year; | 6 | | (2) residential property containing 6 or fewer | 7 | | dwelling units; or | 8 | | (3) property assessed as a farm under Section 10-110 of | 9 | | this Code. | 10 | | "Property" has the meaning set forth in Section 1-130 of | 11 | | this Code and includes contiguous parcels or property index | 12 | | numbers that comprise one functional property location. | 13 | | (35 ILCS 200/9-281 new) | 14 | | Sec. 9-281. Income producing properties. | 15 | | (a) In counties with 3,000,000 or more inhabitants, | 16 | | taxpayers of income producing property shall submit income and | 17 | | expense data annually to the chief county assessment officer on | 18 | | or before July 1 of each year. The chief county assessment | 19 | | officer may extend the time within which taxpayers are required | 20 | | to submit income and expense data under this Section for good | 21 | | cause shown in accordance with rules adopted under this | 22 | | Section. Taxpayers shall certify under oath in a signed | 23 | | notarized attestation that such information is true, accurate, | 24 | | and complete. | 25 | | In counties with fewer than 3,000,000 inhabitants, the |
| | | 10100HB2217ham001 | - 7 - | LRB101 05238 HLH 56942 a |
|
| 1 | | county board may provide by resolution that taxpayers of income | 2 | | producing property shall submit income and expense data | 3 | | annually to the chief county assessment officer on or before | 4 | | March 30 of each year. The chief county assessment officer may | 5 | | extend the time within which taxpayers are required to submit | 6 | | income and expense data under this Section for good cause shown | 7 | | in accordance with rules adopted under this Section. Taxpayers | 8 | | shall certify under oath in a signed notarized attestation that | 9 | | such information is true, accurate, and complete. | 10 | | (b) The chief county assessment officer of (i) a county | 11 | | with 3,000,000 more inhabitants or (ii) a county that has | 12 | | adopted by resolution the provisions of subsection (a) shall | 13 | | establish rules regarding the submission of income and expense | 14 | | data and the administration of this Section in the county. The | 15 | | income and expense data may be submitted in electronic form. | 16 | | (c) If a taxpayer fails to submit income and expense data | 17 | | as required under this Section within the time prescribed, or | 18 | | within an extended period as permitted by the chief county | 19 | | assessment officer, the assessor shall send notice to the | 20 | | taxpayer of the failure to comply. If the taxpayer fails to | 21 | | submit the required data within 60 days after such notice is | 22 | | sent, the taxpayer shall pay a penalty to the chief county | 23 | | assessment officer of 0.5% of the prior year's assessed value | 24 | | for the property at issue, but in no case shall the taxpayer be | 25 | | obligated to pay more than $100,000 per property. | 26 | | The State's Attorney of the county in which the property is |
| | | 10100HB2217ham001 | - 8 - | LRB101 05238 HLH 56942 a |
|
| 1 | | located shall have power to act on behalf of the people and the | 2 | | chief county assessment officer to initiate or enforce the | 3 | | provisions of this Section, including the power to compel by | 4 | | subpoena the production of taxpayer income and expense data | 5 | | that is required to be produced under this Section. | 6 | | (d) Penalties collected by the chief county assessment | 7 | | officer under this Section for a taxpayer's failure to timely | 8 | | submit income and expense data shall be collected in the same | 9 | | manner as other fees collected by the chief county assessment | 10 | | officer. Seventy-five percent of such revenue shall be | 11 | | deposited into a fund to support data modernization and | 12 | | implementation and enforcement of this Section, and 25% of the | 13 | | revenue shall be distributed to the county treasurer and | 14 | | deposited in the county's general fund of the county in which | 15 | | the property is located. | 16 | | (e) Any personal data such as federal identification or | 17 | | social security numbers and income tax forms that are included | 18 | | in income and expense data produced under this Section shall be | 19 | | deemed private information and exempt from disclosure under the | 20 | | Freedom of Information Act. Non-personal income and expense | 21 | | data shall not be subject to disclosure in accordance with the | 22 | | Freedom of Information Act or other applicable law. Nothing in | 23 | | this Section prohibits a chief county assessment officer from | 24 | | disclosing compiled and anonymized income and expense data. | 25 | | (f) All information received by the chief county assessment | 26 | | officer from income and expense data filed under this Article |
| | | 10100HB2217ham001 | - 9 - | LRB101 05238 HLH 56942 a |
|
| 1 | | shall be used only for official purposes. Any person who | 2 | | divulges such information, other than when data is compiled and | 3 | | anonymized as permitted in this Article or when the information | 4 | | is released in accordance with a proper judicial order or as | 5 | | otherwise provided by law, shall be subject to a fine not to | 6 | | exceed $1,000 and disciplined up to and including termination | 7 | | of employment with the chief county assessment officer.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
|
|