Full Text of HB0506 96th General Assembly
HB0506 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0506
Introduced 2/4/2009, by Rep. Careen M Gordon SYNOPSIS AS INTRODUCED: |
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Amends the Property Tax Code. Provides that a Section authorizing property tax assessment settlement agreements also applies to petrochemical processing facilities located within a county of less than 1,000,000 inhabitants. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0506 |
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LRB096 07899 RCE 18002 b |
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| AN ACT concerning revenue.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Property Tax Code is amended by changing | 5 |
| Section 9-45 as follows:
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| (35 ILCS 200/9-45)
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| Sec. 9-45. Property index number system. The county clerk | 8 |
| in counties of
3,000,000 or more inhabitants and, subject to | 9 |
| the approval of the county board,
the chief county assessment | 10 |
| officer or recorder, in counties of less than
3,000,000 | 11 |
| inhabitants, may establish a property index number system under | 12 |
| which
property may be listed for purposes of assessment, | 13 |
| collection of taxes or
automation of the office of the | 14 |
| recorder. The system may be adopted in addition
to, or instead | 15 |
| of, the method of listing by legal description as provided in
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| Section 9-40. The system shall describe property by township, | 17 |
| section,
block, and parcel or lot, and may cross-reference the | 18 |
| street or post office
address, if any, and street code number, | 19 |
| if any. The county clerk, county
treasurer, chief county | 20 |
| assessment officer or recorder may establish and
maintain cross | 21 |
| indexes of numbers assigned under the system with the complete
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| legal description of the properties to which the numbers | 23 |
| relate. Index numbers
shall be assigned by the county clerk in |
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HB0506 |
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LRB096 07899 RCE 18002 b |
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| counties of 3,000,000 or more
inhabitants, and, at the | 2 |
| direction of the county board in counties with less
than | 3 |
| 3,000,000 inhabitants, shall be assigned by the chief county | 4 |
| assessment
officer or recorder. Tax maps of the county clerk, | 5 |
| county treasurer or chief
county assessment officer shall carry | 6 |
| those numbers. The indexes shall be open
to public inspection | 7 |
| and be made available to the public. Any property index
number | 8 |
| system established prior to the effective date of this Code | 9 |
| shall remain
valid. However, in counties with less than | 10 |
| 3,000,000 inhabitants, the system
may be transferred to another | 11 |
| authority upon the approval of the county board.
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| Any real property used for a power generating or automotive | 13 |
| manufacturing
facility located within a county of less than | 14 |
| 1,000,000 inhabitants, as to
which litigation with respect to | 15 |
| its assessed valuation is pending or was
pending as of January | 16 |
| 1, 1993, may be the subject of a real
property tax assessment | 17 |
| settlement agreement among the taxpayer and taxing
districts in | 18 |
| which it is situated. Beginning with the 2009 assessment year, | 19 |
| any real property used for a petrochemical facility located | 20 |
| within a county of less than 1,000,000 inhabitants may be the | 21 |
| subject of a real property tax assessment settlement agreement | 22 |
| among the taxpayer and taxing districts in which it is | 23 |
| situated. Other appropriate authorities, which
may include | 24 |
| county and State boards or officials, may also be parties to
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| such an agreement. Such an agreement may include the assessment | 26 |
| of the
facility for any years in dispute as well as for up to 10 |
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HB0506 |
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LRB096 07899 RCE 18002 b |
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| years in the future.
Such an agreement may provide for the | 2 |
| settlement of issues relating to the
assessed value of the | 3 |
| facility and may provide for related payments,
refunds, claims, | 4 |
| credits against taxes and liabilities in respect to past
and | 5 |
| future taxes of taxing districts, including any fund created | 6 |
| under
Section 20-35 of this Act, all implementing the | 7 |
| settlement
agreement. Any such agreement may provide that | 8 |
| parties thereto agree not to
challenge assessments as provided | 9 |
| in the agreement. An agreement entered
into on or after January | 10 |
| 1, 1993 may provide for the classification of property
that is | 11 |
| the subject of the agreement as real or personal during the | 12 |
| term of the
agreement and thereafter. It may also provide that | 13 |
| taxing
districts agree to reimburse the taxpayer for amounts | 14 |
| paid by the taxpayer
in respect to taxes for the real property | 15 |
| which is the subject of the
agreement to the extent levied by | 16 |
| those respective districts, over and
above amounts which would | 17 |
| be due if the facility were to be assessed as
provided in the | 18 |
| agreement. Such reimbursement may be provided in the
agreement | 19 |
| to be made by credit against taxes of the taxpayer. No credits
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| shall be applied against taxes levied with respect to debt | 21 |
| service or lease
payments of a taxing district. No referendum | 22 |
| approval or appropriation
shall be required for such an | 23 |
| agreement or such credits and any such
obligation shall not | 24 |
| constitute indebtedness of the taxing district for
purposes of | 25 |
| any statutory limitation. The county collector shall treat
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| credited amounts as if they had been received by the collector |
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HB0506 |
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LRB096 07899 RCE 18002 b |
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| as taxes
paid by the taxpayer and as if remitted to the | 2 |
| district. A county
treasurer who is a party to such an | 3 |
| agreement may agree to hold amounts
paid in escrow as provided | 4 |
| in the agreement for possible use for paying
taxes until | 5 |
| conditions of the agreement are met and then to apply these
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| amounts as provided in the agreement. No such settlement | 7 |
| agreement shall
be effective unless it shall have been approved | 8 |
| by the court in which such
litigation is pending. Any such | 9 |
| agreement which has been entered into
prior to adoption of this | 10 |
| amendatory Act of 1988 and which is contingent
upon enactment | 11 |
| of authorizing legislation shall be binding and enforceable.
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| (Source: P.A. 88-455; 88-535; 88-670, eff. 12-2-94.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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