State of Illinois
92nd General Assembly
Legislation

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92_SB0497enr

 
SB497 Enrolled                                 LRB9202787SMdv

 1        AN ACT concerning 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    Sections 20-180 and 20-190 as follows:

 6        (35 ILCS 200/20-180)
 7        Sec.  20-180.  Uncollectible delinquent real estate taxes
 8    and special assessments.  In cases where general taxes levied
 9    on real property have been delinquent for a period of  20  30
10    years,  the  taxes  shall be presumed to be uncollectible. In
11    those cases, the County Clerk and the County Collector  shall
12    enter  upon the tax records in their respective offices where
13    those taxes appear the word "Uncollectible", and shall adjust
14    the books and records of their respective offices as provided
15    in this Code. In cases  where  any  installments  of  special
16    assessments  or  special  taxes  levied on real property have
17    been delinquent for a period of 30  years,  the  installments
18    shall  be  presumed  to be uncollectible. In those cases, the
19    Collector  of  the  municipality  which  levied  the  special
20    assessment or special tax and the County Clerk and the County
21    Collector  shall  enter  upon  the  tax  records   in   their
22    respective  offices  where  those assessments or taxes appear
23    the word "Uncollectible"  and  shall  adjust  the  books  and
24    records  of  their  respective offices.  When taxes have been
25    designated   "uncollectible"   under   this   Section,    the
26    municipality  may  use  any money it holds for payment of the
27    special assessments or special taxes for improvements similar
28    to the projects for which the moneys were collected, and  for
29    the purchase of real or personal property, in connection with
30    those improvements.
31    (Source: P.A. 80-615; 88-455.)
 
SB497 Enrolled              -2-                LRB9202787SMdv
 1        (35 ILCS 200/20-190)
 2        Sec.  20-190.   Statute  of  limitation for collection of
 3    delinquent real estate taxes and special assessments.
 4        (a)  If a taxpayer owes arrearages of taxes for a  reason
 5    other  than  administrative error, actions for the collection
 6    of  any  delinquent  general  tax,  or  the  enforcement   or
 7    foreclosure  of  the tax lien shall be commenced within 20 30
 8    years after the tax became delinquent,  and  not  thereafter.
 9    After  20  30  years  the  tax  lien  shall be discharged and
10    released.
11        Actions for the collection of any delinquent installments
12    of special assessments or special taxes, or  the  enforcement
13    or  foreclosure  of  the  special  assessment  lien  shall be
14    commenced within  30  years  after  the  installments  became
15    delinquent.  After  30  years  the  lien for the installments
16    shall be discharged and released.
17        (b)  If a taxpayer owes arrearages of  taxes  due  to  an
18    administrative error, the county may not bill, collect, claim
19    a  lien  for,  or  sell the arrearages of taxes for tax years
20    earlier than the 2  most  recent  tax  years,  including  the
21    current tax year.
22        (c)  For purposes of this Section, "administrative error"
23    includes  but  is  not  limited  to  failure  to  include  an
24    extension  for a taxing district on the tax bill, an error in
25    the calculations of tax rates  or  extensions  or  any  other
26    mathematical error by the county clerk, or a defective coding
27    by  the county, but  does not include a failure by the county
28    to send a tax bill  to  the  taxpayer,  the  failure  by  the
29    taxpayer to notify the assessor of a change in the tax-exempt
30    status of property, or any error concerning the assessment of
31    the property.
32    (Source: P.A. 88-455; 89-617, eff. 9-1-96.)

33        Section  99.   Effective  date.   This  Act  takes effect
 
SB497 Enrolled              -3-                LRB9202787SMdv
 1    January 1, 2002.

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