State of Illinois
91st General Assembly
Legislation

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91_HB0521eng

 
HB0521 Engrossed                               LRB9101985PTpk

 1        AN ACT concerning property valuation.

 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    Sections 9-160, 9-165, and 9-180 as follows:

 6        (35 ILCS 200/9-160)
 7        Sec.  9-160.   Valuation  in  years  other  than  general
 8    assessment years.  On or before June 1  in  each  year  other
 9    than  the  general assessment year, in all counties with less
10    than  3,000,000  inhabitants,  and  as  soon  as  he  or  she
11    reasonably  can  in   counties   with   3,000,000   or   more
12    inhabitants,  the assessor shall list and assess all property
13    which becomes taxable and  which  is  not  upon  the  general
14    assessment,  and  also  make  and return a list of all new or
15    added buildings, structures  or  other  improvements  of  any
16    kind,  the value of which had not been previously added to or
17    included in the valuation  of  the  property  on  which  such
18    improvements have been made, specifying the property on which
19    each   of  the  improvements  has  been  made,  the  kind  of
20    improvement and the value which, in his or her  opinion,  has
21    been   added  to  the  property  by  the  improvements.   The
22    assessment shall also include or exclude, on a  proportionate
23    basis in accordance with the provisions of Section 9-180, all
24    new or added buildings, structures or other improvements, the
25    value  of  which  was  not  included  in the valuation of the
26    property for that  year,  and  all  improvements  which  were
27    destroyed or removed. In case of the destruction or injury by
28    fire,  flood,  cyclone, storm or otherwise, or removal of any
29    structures of any kind, or  of  the  destruction  of  or  any
30    injury  to  orchard  timber,  ornamental trees or groves, the
31    value of which has been included in any former  valuation  of
 
HB0521 Engrossed            -2-                LRB9101985PTpk
 1    the  property,  the  assessor  shall  determine  as  near  as
 2    practicable  how  much  the  value  of  the property has been
 3    diminished, and make return thereof.
 4        Beginning January 1, 1996, the authority within a unit of
 5    local government that is responsible for issuing building  or
 6    occupancy  permits  shall  notify the chief county assessment
 7    officer, by December 31 of the assessment year, when  a  full
 8    or  partial  occupancy permit has been issued for a parcel of
 9    real property. The  chief  county  assessment  officer  shall
10    include  in  the  assessment  of the property for the current
11    year the proportionate value of new or added improvements  on
12    that  property  from the date the occupancy permit was issued
13    or from the date the new or added improvement was inhabitable
14    and  fit  for  occupancy  or  for  intended   customary   use
15    substantially  completed  until  December 31 of that year. If
16    the chief county assessment officer has already certified the
17    books for the year, the board of review or interim  board  of
18    review  shall  assess  the  new  or  added  improvements on a
19    proportionate basis for the year in which the improvement was
20    substantially completed or the occupancy permit was issued or
21    the new or added improvement  was  inhabitable  and  fit  for
22    occupancy  or for intended customary use.   The proportionate
23    value of the new or added improvements may be assessed by the
24    board of  review  or  interim  board  of  review  as  omitted
25    property  pursuant to Sections 9-265, 9-270, 16-50 and 16-140
26    in a subsequent year on a proportionate basis for the year in
27    which the improvement  was  substantially  completed  or  the
28    occupancy  permit  was issued or the new or added improvement
29    was  inhabitable  and  fit  for  occupancy  or  for  intended
30    customary use if it was not assessed in that year.
31    (Source: P.A. 88-455; 89-412, eff. 11-17-95.)

32        (35 ILCS 200/9-165)
33        Sec. 9-165.  Definitions.  As used in Sections 9-165  and
 
HB0521 Engrossed            -3-                LRB9101985PTpk
 1    9-180 Section 9-170:
 2        "Municipality" means a city, village or incorporated town
 3    .;
 4        "Governing body" means (a) the corporate authorities of a
 5    municipality  with  respect to territory within its corporate
 6    limits and (b) the county board with respect to territory  in
 7    the   county   not   within   the  corporate  limits  of  any
 8    municipality.
 9        "Certificate of Occupancy permit" means  the  certificate
10    or permit, by whatever name denominated, which a municipality
11    or  county,  under its authority to regulate the construction
12    of  buildings,  issues  as  evidence  that   all   applicable
13    requirements  have been complied with and requires before any
14    new, reconstructed or  remodeled  building  may  be  lawfully
15    occupied.
16    (Source: P.A. 78-376; 88-455; revised 10-31-98.)

17        (35 ILCS 200/9-180)
18        Sec. 9-180.  Pro-rata valuations; improvements or removal
19    of  improvements.  The  owner  of  property on January 1 also
20    shall be liable, on a proportionate basis, for the  increased
21    taxes   occasioned  by  the  construction  of  new  or  added
22    buildings, structures or other improvements on  the  property
23    from  the  date  when the occupancy permit was issued or from
24    the date the new or added improvement was inhabitable and fit
25    for occupancy or for  intended  customary  use  substantially
26    completed   or  initially  occupied  or  initially  used,  to
27    December 31 of that year. The owner of the improved  property
28    shall  notify the assessor, within 30 days of the issuance of
29    an occupancy permit or within 30 days of  completion  of  the
30    improvements,  on  a  form  prescribed  by that official, and
31    request that the property be reassessed.  The notice shall be
32    sent by certified mail, return receipt  requested  and  shall
33    include the legal description of the property.
 
HB0521 Engrossed            -4-                LRB9101985PTpk
 1        When,  during  the previous calendar year, any buildings,
 2    structures  or  other  improvements  on  the  property   were
 3    destroyed  and  rendered uninhabitable or otherwise unfit for
 4    occupancy or for customary use by accidental means (excluding
 5    destruction resulting from  the  willful  misconduct  of  the
 6    owner of such property), the owner of the property on January
 7    1   shall  be  entitled,  on  a  proportionate  basis,  to  a
 8    diminution of assessed valuation for such period during which
 9    the improvements were uninhabitable or unfit for occupancy or
10    for customary use.  The  owner  of  property  entitled  to  a
11    diminution  of assessed valuation shall, on a form prescribed
12    by the assessor, within 90 days after the destruction of  any
13    improvements   or,  in  counties  with  less  than  3,000,000
14    inhabitants  within   90   days   after   the   township   or
15    multi-township  assessor  has  mailed the application form as
16    required by Section 9-190, file with  the  assessor  for  the
17    decrease  of assessed valuation. Upon failure so to do within
18    the 90 day period, no diminution of assessed valuation  shall
19    be attributable to the property.
20        Computations  under this Section shall be on the basis of
21    a year of 365 days.
22    (Source: P.A. 88-455; 89-412, eff. 11-17-95.)

23        Section 90.  The State Mandates Act is amended by  adding
24    Section 8.23 as follows:

25        (30 ILCS 805/8.23 new)
26        Sec.  8.23.  Exempt  mandate.  Notwithstanding Sections 6
27    and 8 of this Act, no reimbursement by the State is  required
28    for  the  implementation  of  any  mandate  created  by  this
29    amendatory Act of the 91st General Assembly.

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