SB2820 95TH GENERAL ASSEMBLY

LRB095 19074 BDD 46417 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2820

Introduced 2/15/2008, by Sen. Michael Bond

SYNOPSIS AS INTRODUCED:

35 ILCS 200/4-35 new
35 ILCS 200/16-53 new
30 ILCS 805/8.32 new

Amends the Property Tax Code. Requires each chief county assessment officer in counties with less than 3,000,000 inhabitants to provide to each residential taxpayer a Homestead Assessment Disclosure Document that contains certain disclosures concerning the assessed valuation of homestead property. Requires the Department of Revenue to annually review the disclosures to ensure that they are accurate and that they comply with all applicable laws and rules concerning property valuations. Provides that, if a taxpayer files a complaint before a board of review, then, within 10 days after the complaint is filed, the board of review must provide the taxpayer with a detailed description of the rules and procedures for hearings before the board. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning revenue, which may be cited as the Homestead Assessment Transparency Act.

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

Section 5. The Property Tax Code is amended by adding Sections 4-35 and 16-53 as follows:

(35 ILCS 200/4-35 new)

Sec. 4-35. Homestead assessment disclosures.

(a) Each chief county assessment officer in a county with less than 3,000,000 inhabitants is required to annually provide to each residential taxpayer a Homestead Assessment Disclosure Document for that taxpayer's residential property. The Disclosure Document must contain the following information:

(1) the taxpayer's property's total assessed building area (expressed in square feet), the building assessment rate (expressed in dollars per square foot), the total assessed valuation of the building for the current year and for the prior year, and the percentage by which the total assessed valuation of the building for the current year deviates from the total assessed valuation of the building for the prior year;

(2) the taxpayer's property's total assessed land area (expressed in square feet), the land assessment rate (expressed in dollars per square foot), the total assessed valuation of the land for the current year and for the prior year, and the percentage by which the total assessed valuation of the land for the current year deviates from the total assessed valuation of the land for the prior year;

(3) the total assessed valuation of the homestead property for the current year and for the prior year and the percentage by which the total assessed valuation of the homestead property for the current year deviates from the total assessed valuation of the homestead property for the prior year;

(4) the information required under items (1) through (3) for the median property in the taxpayer's neighborhood;

(5) the number of homestead properties in the neighborhood;

(6) the information required under items (1) through (3) for the median property in the taxpayer's township;

(7) the percentage by which the building assessment rate for the taxpayer's property deviates from the building assessment rate for the median property in the taxpayer's neighborhood;

(8) the percentage by which the land assessment rate for the taxpayer's property deviates from the land assessment rate for the median property in the taxpayer's neighborhood;

(9) the percentage by which the building assessment rate for the taxpayer's property deviates from the building assessment rate for the median property in the taxpayer's township; and

(10) the percentage by which the land assessment rate for the taxpayer's property deviates from the land assessment rate for the median property in the taxpayer's township. The Homestead Assessment Disclosure Document must be provided to the taxpayer as part of the annual assessment valuation notice mailed to each taxpayer. For those counties in which annual assessment valuation notices are not sent, the Homestead Assessment Disclosure Document must be available to the public upon request at the office of the chief county assessment officer.

(b) If the land assessment rate or the building assessment rate of the taxpayer's property deviates from the land assessment rate or the building assessment rate, respectively, of the median property in the taxpayer's neighborhood by more than 10%, then, upon written request by any taxpayer, any taxing district, or the Department, the chief county assessment officer must, within 14 calendar days after the request, provide a detailed explanation for the deviation. This explanation must be in writing and be certified by the chief county assessment officer and must set forth all of the information and methodology used to determine the assessed valuation for that property.

(c) The chief county assessment officer is required to establish and maintain a detailed description of the sample used to determine assessments within a neighborhood, the lists of properties within that sample, and the formulae used to determine the assessments from that sample. This description must detail both land and building valuation methods. If a county Internet website exists, this description must be published on that website, otherwise it must be available to the public upon request at the office of the chief county assessment officer.

(d) The chief county assessment officer must provide a plain-English explanation of all township, county, and State equalization factors, including the rationale and methods used to determine the equalizations. If a county Internet website exists, this explanation must be published thereon, otherwise it must be available to the public upon request at the office of the chief county assessment officer.

(e) The disclosures required under subsections (a), (c), and (d) of this Section must be available to the public at the time of the publication of assessments under Section 12-10 and 12-20 and, if a county Internet website exists, these disclosures must be published on that website. The Department shall annually review these disclosures to ensure that they are accurate and that they comply with all applicable laws and rules concerning property valuations.

(f) For the purpose of this Section, "neighborhood" means the collection or grouping of homestead properties, as defined in Section 15-175, with similar characteristics, as determined by the assessors, for the purpose of establishing assessed valuations.

(35 ILCS 200/16-53 new)

Sec. 16-53. Explanation of rules and procedures. If a taxpayer files a complaint under Section 16-55, then, within 5 days after the complaint is filed, the board of review must provide the taxpayer with a detailed description of the rules and procedures for hearings before the board. This description must include an explanation of any applicable burdens of proof, rules of evidence, time lines, and any other procedures that will allow the taxpayer to effectively present his or her case before the board. The board must also make a copy of this description available to the public upon request and, if a county Internet website exists, must be published on that website.

Section 90. The State Mandates Act is amended by adding Section 8.32 as follows:

(30 ILCS 805/8.32 new)

Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 95th General Assembly.

Section 999. Effective date. This Act takes effect upon becoming law.