State of Illinois
91st General Assembly
Legislation

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91_SB0809

 
                                               LRB9103317PTpr

 1        AN ACT concerning property taxes.

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

 4        Section 5.  The Property Tax Code is amended by  changing
 5    Section 23-10 as follows:

 6        (35 ILCS 200/23-10)
 7        Sec.  23-10.   Tax  objections and copies. Beginning with
 8    the 1998 1994 tax year in counties  with  3,000,000  or  more
 9    inhabitants,  and  beginning  with  the  1995 tax year in all
10    other counties, the person paying the taxes due  as  provided
11    in  Section  23-5  may  file  a tax objection complaint under
12    Section 23-15 within 180 75 days after the first penalty date
13    of the final installment of taxes for the year  in  question.
14    In  counties with less than 3,000,000 inhabitants, the person
15    paying the taxes due as provided in Section 23-5 may  file  a
16    tax  objection  complaint under Section 23-15 within 120 days
17    after the first penalty date  of  the  final  installment  of
18    taxes  for the year in question.  However, in all counties in
19    cases in which the complaint is permitted to be filed without
20    payment under Section 23-5, it must be  filed  prior  to  the
21    entry of judgment under Section 21-175. In addition, the time
22    specified  for  payment  of  the tax provided in Section 23-5
23    shall not be construed to  delay  or  prevent  the  entry  of
24    judgment  against, or the sale of, tax delinquent property if
25    the taxes have not been paid prior to the entry  of  judgment
26    under  Section  21-175. An objection to an assessment for any
27    year shall not be  allowed  by  the  court,  however,  if  an
28    administrative remedy was available by complaint to the board
29    of  appeals or board of review under Section 16-55 or Section
30    16-115, unless that remedy was exhausted prior to the  filing
31    of the tax objection complaint.
 
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 1        When  any  complaint  is filed with the court in a county
 2    with  less than 3,000,000 inhabitants,  the  plaintiff  shall
 3    file  3 copies of the complaint with the clerk of the circuit
 4    court.  Any complaint or amendment thereto shall  contain  on
 5    the  first  page  a  listing  of the taxing districts against
 6    which the complaint is directed. Within  10  days  after  the
 7    complaint  is  filed,  the  clerk  of the circuit court shall
 8    deliver one copy to the State's Attorney and one copy to  the
 9    county  clerk,  taking  their  receipts  therefor. The county
10    clerk shall, within 30 days from the last day for the  filing
11    of complaints, notify the duly elected or appointed custodian
12    of funds for each taxing district that may be affected by the
13    complaint,  stating  that  a  complaint  has been filed.  Any
14    amendment to a complaint, except any amendment  permitted  to
15    be  made  in open court during the course of a hearing on the
16    complaint, shall also be filed in triplicate, with  one  copy
17    delivered  to  the State's Attorney and one copy delivered to
18    the county clerk by the  clerk  of  the  circuit  court.  The
19    State's Attorney shall within 10 days of receiving his or her
20    copy  of  the  amendment notify the duly elected or appointed
21    custodian of funds for each taxing district whose tax  monies
22    may  be affected by the amendment, stating that the amendment
23    has been filed. The State's Attorney shall  also  notify  the
24    custodian  and  the county clerk in writing of the date, time
25    and place of any hearing before the court to be held upon the
26    complaint or amended complaint not later than 4 days prior to
27    the hearing.  The notices provided in this Section  shall  be
28    by  letter addressed to the custodian or the county clerk and
29    may be mailed by regular mail,  postage  prepaid,  postmarked
30    within the required period, but not less than 4 days before a
31    hearing.
32    (Source: P.A. 88-455; 89-126, eff. 7-11-95.)

33        Section  90.  The State Mandates Act is amended by adding
 
                            -3-                LRB9103317PTpr
 1    Section 8.23 as follows:

 2        (30 ILCS 805/8.23 new)
 3        Sec. 8.23. Exempt mandate.   Notwithstanding  Sections  6
 4    and  8 of this Act, no reimbursement by the State is required
 5    for  the  implementation  of  any  mandate  created  by  this
 6    amendatory Act of the 91st General Assembly.

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

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