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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Property Tax Code is amended by changing | ||||||||||||||||||||||||
5 | Section 9-45 as follows:
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6 | (35 ILCS 200/9-45)
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7 | 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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16 | 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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22 | 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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1 | 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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12 | 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. In addition, any real property that is | ||||||
19 | (i) used for natural gas extraction and fractionation , or | ||||||
20 | olefin and polymer manufacturing , or petroleum refining and | ||||||
21 | (ii) located within a county of less than 1,000,000 inhabitants | ||||||
22 | may be the subject of a real
property tax assessment settlement | ||||||
23 | agreement among the taxpayer and taxing
districts in which the | ||||||
24 | property is situated if litigation is or was pending as to its | ||||||
25 | assessed valuation as of January 1, 2003 or thereafter. Other | ||||||
26 | appropriate authorities, which
may include county and State |
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1 | boards or officials, may also be parties to
such agreements. | ||||||
2 | Such agreements may include the assessment of the
facility or | ||||||
3 | property for any years in dispute as well as for up to 10 years | ||||||
4 | in the future.
Such agreements may provide for the settlement | ||||||
5 | of issues relating to the
assessed value of the facility and | ||||||
6 | may provide for related payments,
refunds, claims, credits | ||||||
7 | against taxes and liabilities in respect to past
and future | ||||||
8 | taxes of taxing districts, including any fund created under
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9 | Section 20-35 of this Act, all implementing the settlement
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10 | agreement. Any such agreement may provide that parties thereto | ||||||
11 | agree not to
challenge assessments as provided in the | ||||||
12 | agreement. An agreement entered
into on or after January 1, | ||||||
13 | 1993 may provide for the classification of property
that is the | ||||||
14 | subject of the agreement as real or personal during the term of | ||||||
15 | the
agreement and thereafter. It may also provide that taxing
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16 | districts agree to reimburse the taxpayer for amounts paid by | ||||||
17 | the taxpayer
in respect to taxes for the real property which is | ||||||
18 | the subject of the
agreement to the extent levied by those | ||||||
19 | respective districts, over and
above amounts which would be due | ||||||
20 | if the facility were to be assessed as
provided in the | ||||||
21 | agreement. Such reimbursement may be provided in the
agreement | ||||||
22 | to be made by credit against taxes of the taxpayer. No credits
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23 | shall be applied against taxes levied with respect to debt | ||||||
24 | service or lease
payments of a taxing district. No referendum | ||||||
25 | approval or appropriation
shall be required for such an | ||||||
26 | agreement or such credits and any such
obligation shall not |
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1 | constitute indebtedness of the taxing district for
purposes of | ||||||
2 | any statutory limitation. The county collector shall treat
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3 | credited amounts as if they had been received by the collector | ||||||
4 | as taxes
paid by the taxpayer and as if remitted to the | ||||||
5 | district. A county
treasurer who is a party to such an | ||||||
6 | agreement may agree to hold amounts
paid in escrow as provided | ||||||
7 | in the agreement for possible use for paying
taxes until | ||||||
8 | conditions of the agreement are met and then to apply these
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9 | amounts as provided in the agreement. No such settlement | ||||||
10 | agreement shall
be effective unless it shall have been approved | ||||||
11 | by the court in which such
litigation is pending. Any such | ||||||
12 | agreement which has been entered into
prior to adoption of this | ||||||
13 | amendatory Act of 1988 and which is contingent
upon enactment | ||||||
14 | of authorizing legislation shall be binding and enforceable.
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15 | (Source: P.A. 96-609, eff. 8-24-09.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
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