Illinois 2023-2024 Regular Session

Illinois House Bill HB1288 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1288 Introduced , by Rep. William Davis SYNOPSIS AS INTRODUCED: 35 ILCS 200/Art. 9 Div. 6 heading new35 ILCS 200/9-280 new35 ILCS 200/9-281 new Amends the Property Tax Code. Provides that, in counties with 3,000,000 or more inhabitants, taxpayers of income-producing property shall submit income and expense data annually to the chief county assessment officer on or before July 1 of each year. Provides that, in counties of fewer than 3,000,000 inhabitants, the county board may provide by ordinance or resolution that taxpayers of income-producing property shall submit income and expense data annually to the chief county assessment officer on or before March 31 of each year. Contains certain exceptions. Effective immediately. LRB103 05699 HLH 50718 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1288 Introduced , by Rep. William Davis SYNOPSIS AS INTRODUCED: 35 ILCS 200/Art. 9 Div. 6 heading new35 ILCS 200/9-280 new35 ILCS 200/9-281 new 35 ILCS 200/Art. 9 Div. 6 heading new 35 ILCS 200/9-280 new 35 ILCS 200/9-281 new Amends the Property Tax Code. Provides that, in counties with 3,000,000 or more inhabitants, taxpayers of income-producing property shall submit income and expense data annually to the chief county assessment officer on or before July 1 of each year. Provides that, in counties of fewer than 3,000,000 inhabitants, the county board may provide by ordinance or resolution that taxpayers of income-producing property shall submit income and expense data annually to the chief county assessment officer on or before March 31 of each year. Contains certain exceptions. Effective immediately. LRB103 05699 HLH 50718 b LRB103 05699 HLH 50718 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1288 Introduced , by Rep. William Davis SYNOPSIS AS INTRODUCED:
3	3	35 ILCS 200/Art. 9 Div. 6 heading new35 ILCS 200/9-280 new35 ILCS 200/9-281 new 35 ILCS 200/Art. 9 Div. 6 heading new 35 ILCS 200/9-280 new 35 ILCS 200/9-281 new
4	4	35 ILCS 200/Art. 9 Div. 6 heading new
5	5	35 ILCS 200/9-280 new
6	6	35 ILCS 200/9-281 new
7	7	Amends the Property Tax Code. Provides that, in counties with 3,000,000 or more inhabitants, taxpayers of income-producing property shall submit income and expense data annually to the chief county assessment officer on or before July 1 of each year. Provides that, in counties of fewer than 3,000,000 inhabitants, the county board may provide by ordinance or resolution that taxpayers of income-producing property shall submit income and expense data annually to the chief county assessment officer on or before March 31 of each year. Contains certain exceptions. Effective immediately.
8	8	LRB103 05699 HLH 50718 b LRB103 05699 HLH 50718 b
9	9	LRB103 05699 HLH 50718 b
10	10	A BILL FOR
11	11	HB1288LRB103 05699 HLH 50718 b HB1288 LRB103 05699 HLH 50718 b
12	12	HB1288 LRB103 05699 HLH 50718 b
13	13	1 AN ACT concerning revenue.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Property Tax Code is amended by adding
17	17	5 Division 6 to Article 9 as follows:
18	18	6 (35 ILCS 200/Art. 9 Div. 6 heading new)
19	19	7 Division 6. Income-Producing Property
20	20	8 (35 ILCS 200/9-280 new)
21	21	9 Sec. 9-280. Definitions. As used in this Division 6:
22	22	10 "Expense" or "expenses" means expenditures necessitated by
23	23	11 the operation of the real property itself that reduce the
24	24	12 income to the property owner or lessee and includes management
25	25	13 fees, reserves for replacement, maintenance, property taxes,
26	26	14 and insurance, but does not include debt service, reserves for
27	27	15 building additions, or income tax.
28	28	16 "Income" means real property revenue that is directed to
29	29	17 or received by the property owner in the form of rent from
30	30	18 unrelated persons or entities and ancillary revenue to the
31	31	19 owner from unrelated persons or entities that is generated
32	32	20 exclusively from the operation of the real property itself,
33	33	21 such as revenue from parking or other amenities provided to or
34	34	22 for the benefit of the property's tenants. "Income" does not
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1288 Introduced , by Rep. William Davis SYNOPSIS AS INTRODUCED:
39	39	35 ILCS 200/Art. 9 Div. 6 heading new35 ILCS 200/9-280 new35 ILCS 200/9-281 new 35 ILCS 200/Art. 9 Div. 6 heading new 35 ILCS 200/9-280 new 35 ILCS 200/9-281 new
40	40	35 ILCS 200/Art. 9 Div. 6 heading new
41	41	35 ILCS 200/9-280 new
42	42	35 ILCS 200/9-281 new
43	43	Amends the Property Tax Code. Provides that, in counties with 3,000,000 or more inhabitants, taxpayers of income-producing property shall submit income and expense data annually to the chief county assessment officer on or before July 1 of each year. Provides that, in counties of fewer than 3,000,000 inhabitants, the county board may provide by ordinance or resolution that taxpayers of income-producing property shall submit income and expense data annually to the chief county assessment officer on or before March 31 of each year. Contains certain exceptions. Effective immediately.
44	44	LRB103 05699 HLH 50718 b LRB103 05699 HLH 50718 b
45	45	LRB103 05699 HLH 50718 b
46	46	A BILL FOR
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52	52	35 ILCS 200/Art. 9 Div. 6 heading new
53	53	35 ILCS 200/9-280 new
54	54	35 ILCS 200/9-281 new
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73	73	1 include revenue generated from personal property, including
74	74	2 but not limited to, revenue from a business enterprise that is
75	75	3 operated on the real property or improvements made to the
76	76	4 property by a tenant.
77	77	5 "Income and expense data" means data that identifies
78	78	6 income and expenses as defined in this Section. This data may
79	79	7 be found in annual reports, income and expense statements, and
80	80	8 Internal Revenue Service Schedule E or Schedule 8825 tax forms
81	81	9 for income-producing property for the immediately preceding
82	82	10 year. It also includes data from rent rolls for the current and
83	83	11 immediately preceding year. Data may be based on a calendar or
84	84	12 fiscal year.
85	85	13 "Income-producing property" means property that is not
86	86	14 owner-occupied, as defined in this Section, and is owned for
87	87	15 the purpose of generating income from the property itself,
88	88	16 whether or not such property actually generates income in a
89	89	17 particular year. "Income-producing property" does not include:
90	90	18 (1) property with a market value of $500,000 or less
91	91	19 in the most recent assessment year for which an assessment
92	92	20 is certified exclusive of any adjustments to assessed
93	93	21 value by a board of review, the Property Tax Appeal Board,
94	94	22 or the circuit court;
95	95	23 (2) residential property containing 6 or fewer
96	96	24 dwelling units;
97	97	25 (3) property assessed under Article 10 of this Code
98	98	26 and stadiums that are not qualified property under Section
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109	109	1 10-215 that have a seating capacity of 20,000 or more and
110	110	2 host major professional sporting events;
111	111	3 (4) property that is assessed by the Department under
112	112	4 Article 11 of this Code;
113	113	5 (5) property that is owned or leased by a hospital
114	114	6 licensed under the Hospital Licensing Act or operated
115	115	7 under the University of Illinois Hospital Act, including
116	116	8 any hospital affiliate that directly or indirectly
117	117	9 controls, is controlled by, or is under common control
118	118	10 with a hospital; or
119	119	11 (6) property that is owned or leased by a facility
120	120	12 licensed under the Nursing Home Care Act that is an
121	121	13 intermediate or skilled facility.
122	122	14 "Net rentable area" means the square footage of an
123	123	15 improvement that may be leased or rented to tenants and
124	124	16 excludes common areas such as elevators, stairways, and
125	125	17 atriums.
126	126	18 "Owner-occupied" means real property that is used or
127	127	19 occupied exclusively by a record owner or related entity, or
128	128	20 real property where 80% or more of the net rentable area of the
129	129	21 property is occupied or held for future use by the record owner
130	130	22 of the property or a related person or entity as described in
131	131	23 subsection (b) of Section 267 of the Internal Revenue Code. If
132	132	24 more than 20% of the net rentable area of a property is subject
133	133	25 to an existing lease or is subject to short term rental of the
134	134	26 property by an unrelated entity, the property is not
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145	145	1 considered owner-occupied for purposes of this Division.
146	146	2 "Property" has the meaning set forth in Section 1-130 of
147	147	3 this Code and includes contiguous parcels or property index
148	148	4 numbers that comprise one functional property location.
149	149	5 "Taxpayer" means the record owner of income-producing
150	150	6 property. The owner or lessee, whoever is contractually
151	151	7 obligated to pay property taxes directly to the county
152	152	8 treasurer, shall be required under this Article to submit
153	153	9 income and expense data that is within its possession and
154	154	10 control to the chief county assessment officer for the
155	155	11 relevant portion of the property over which it exercises
156	156	12 control.
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158	158	14 (35 ILCS 200/9-281 new)
159	159	15 Sec. 9-281. Income-producing properties.
160	160	16 (a) In counties with 3,000,000 or more inhabitants,
161	161	17 taxpayers or lessees who are contractually obligated to pay
162	162	18 property taxes of income-producing property shall submit
163	163	19 income and expense data annually to the chief county
164	164	20 assessment officer on or before July 1 of each year, except as
165	165	21 otherwise provided in this Division. In the first year
166	166	22 following the effective date of this amendatory Act of the
167	167	23 103rd General Assembly, income and expense data shall be
168	168	24 submitted by September 1. If a taxpayer or party who is
169	169	25 contractually obligated to pay property taxes is required to
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180	180	1 submit income and expense data under this Article in
181	181	2 accordance with Section 9-280, the chief county assessment
182	182	3 officer shall notify, by certified mail, the record owner of
183	183	4 income-producing property at least 60 days prior to the date
184	184	5 for submission of the obligation to submit income and expense
185	185	6 data. Notice shall include the deadline for submission. If an
186	186	7 owner of record claims that another party is obligated to pay
187	187	8 property taxes directly to the county treasurer for all or a
188	188	9 portion of the property, then the owner shall send to the
189	189	10 obligated party a copy of the notice received from the chief
190	190	11 county assessment officer of the obligation to submit income
191	191	12 and expense data. The taxpayer or obligated party shall submit
192	192	13 income and expense data to the chief county assessment officer
193	193	14 in accordance with this Section for the relevant portion of
194	194	15 the property for which the taxpayer or obligated party is
195	195	16 required to pay the property taxes and exercises control over
196	196	17 such property, identified by parcel and area.
197	197	18 The chief county assessment officer may extend the time
198	198	19 within which taxpayers are required to submit income and
199	199	20 expense data under this Section.
200	200	21 If the taxpayer's books and records reflecting the
201	201	22 operation of the property are maintained on a calendar year
202	202	23 basis, the statement of income and expense data shall be for
203	203	24 the last full calendar year preceding the date that the
204	204	25 statement is submitted. If the taxpayer's books and records
205	205	26 reflecting the operation of the property are maintained on a
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216	216	1 fiscal year basis for federal income tax purposes, the
217	217	2 statement of income and expense data shall be the last full
218	218	3 fiscal year preceding the date when the statement is
219	219	4 submitted.
220	220	5 The taxpayer or obligated party shall certify under oath
221	221	6 in a signed attestation that the statements set forth in
222	222	7 income and expense data submitted under this Article are true,
223	223	8 accurate, and complete to the best of his or her knowledge
224	224	9 except as to matters stated to be upon information and belief
225	225	10 and, as to such matters, the taxpayer or obligated party shall
226	226	11 certify that he or she believes the same to be true, accurate,
227	227	12 and complete.
228	228	13 (b) In counties of fewer than 3,000,000 inhabitants, the
229	229	14 county board may provide by ordinance or resolution that
230	230	15 taxpayers of income-producing property shall submit income and
231	231	16 expense data annually to the chief county assessment officer
232	232	17 on or before March 31 of each year. If a taxpayer or party who
233	233	18 is contractually obligated to pay taxes is required to submit
234	234	19 income and expense data under this Article, the chief county
235	235	20 assessment officer shall notify the taxpayer of that fact by
236	236	21 certified mail within 60 days of the due date for income and
237	237	22 expense data. Notice shall include the deadline for such
238	238	23 submission. If an owner of record claims that another party is
239	239	24 obligated to pay property taxes directly to the county
240	240	25 treasurer, then the owner shall send to the obligated party a
241	241	26 copy of any notice received from the chief county assessment
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252	252	1 officer of the obligation to submit income and expense data.
253	253	2 The taxpayer or obligated party shall submit income and
254	254	3 expense data to the chief county assessment officer in
255	255	4 accordance with this Division for the relevant portion of the
256	256	5 property for which the taxpayer or obligated party is required
257	257	6 to pay the property taxes and exercises control over such
258	258	7 property, identified by parcel and area.
259	259	8 The chief county assessment officer may extend the time
260	260	9 within which taxpayers are required to submit income and
261	261	10 expense data under this Section.
262	262	11 If the taxpayer's books and records reflecting the
263	263	12 operation of the property are maintained on a calendar year
264	264	13 basis, the statement of income and expense data shall be for
265	265	14 the last full calendar year preceding the date that the
266	266	15 statement is submitted. If the taxpayer's books and records
267	267	16 reflecting the operation of the property are maintained on a
268	268	17 fiscal year basis for federal income tax purposes, the
269	269	18 statement of income and expense data shall be the last full
270	270	19 fiscal year preceding the date when the statement is
271	271	20 submitted.
272	272	21 The taxpayer or obligated party shall certify under oath
273	273	22 in a signed attestation that the statements set forth in
274	274	23 income and expense data submitted under this Article are true,
275	275	24 accurate, and complete, to the best of his or her knowledge
276	276	25 except as to matters stated to be upon information and belief
277	277	26 and, as to such matters, the taxpayer or obligated party shall
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288	288	1 certify that he or she believes the same to be true, accurate,
289	289	2 and complete.
290	290	3 Subsections (c) through (i) of this Section shall also
291	291	4 apply in counties that have adopted by ordinance or resolution
292	292	5 the requirements of this Section.
293	293	6 (c) The chief county assessment officer of a county that
294	294	7 is subject to this Section shall establish rules that specify
295	295	8 the manner of submission of income and expense data and
296	296	9 provide for the administration of the provisions of this
297	297	10 Section in the county. Income and expense data shall be
298	298	11 submitted in electronic form unless waived by the chief county
299	299	12 assessment officer.
300	300	13 The chief county assessment officer shall maintain a copy
301	301	14 of its rules for public review and shall place a copy of those
302	302	15 rules and any amended rules on his or her website.
303	303	16 (d) If a taxpayer or obligated party fails to submit
304	304	17 income and expense data as required under this Section or as
305	305	18 required after the adoption of a county board ordinance or
306	306	19 resolution under this Section, within the time prescribed, or
307	307	20 within an extended period as permitted by the chief county
308	308	21 assessment officer, the assessor shall send notice by
309	309	22 certified mail to such taxpayer of the failure to comply. If
310	310	23 the taxpayer or obligated party fails to submit the required
311	311	24 data within 60 days after such notice is sent, fails to provide
312	312	25 documentation of another taxpayer's obligation to submit
313	313	26 income and expense data, or fails to adequately explain why no
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324	324	1 submission is required, the taxpayer or obligated party shall
325	325	2 pay a penalty to the chief county assessment officer of 0.025%
326	326	3 of the prior year's market value as indicated by the most
327	327	4 recent certified assessed value for the property at issue, but
328	328	5 in no case shall the taxpayer or obligated party be required to
329	329	6 pay more than its proportional share of a maximum penalty of
330	330	7 $10,000 per property. A taxpayer or obligated party who fails
331	331	8 to submit income and expense data in accordance with this
332	332	9 provision shall only be required to pay a penalty on the
333	333	10 portion of the property's value for which the taxpayer or
334	334	11 obligated party is required to pay taxes.
335	335	12 A taxpayer or obligated party may contest the penalty and
336	336	13 requirement to report income and expense data in a particular
337	337	14 year and submit evidence to the chief county assessment
338	338	15 officer in support of a contention that the taxpayer or
339	339	16 obligated party was not required to submit income and expense
340	340	17 data, that another party was required to submit income and
341	341	18 expense data for such property, or that the submission of
342	342	19 income and expense data complies with this requirement based
343	343	20 on available documentation. The chief county assessment
344	344	21 officer shall review the taxpayer or obligated party's
345	345	22 submission and other submissions for the property for the tax
346	346	23 year at issue, and determine whether the taxpayer or obligated
347	347	24 party provided sufficient evidence that he or she was not
348	348	25 required to report income and expense data or that the
349	349	26 submission complies based on available documentation.
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360	360	1 If a taxpayer or obligated party is dissatisfied with a
361	361	2 decision of the chief county assessment officer of the
362	362	3 requirement to submit income and expense data, the taxpayer or
363	363	4 obligated party may request review of that decision. Upon such
364	364	5 request, at least 30 days' notice shall be provided to the
365	365	6 taxpayer or obligated party of a hearing to be conducted by a
366	366	7 hearing officer designated by the chief county assessment
367	367	8 officer. If dissatisfied with a hearing officer's decision,
368	368	9 the taxpayer or obligated party may appeal such decision to
369	369	10 the circuit court of the county where the property is located
370	370	11 as a final administrative decision under the Administrative
371	371	12 Review Law. If a party is unsuccessful at the hearing, the
372	372	13 penalty imposed under this Section shall bear interest at
373	373	14 0.05% per month thereafter, beginning 21 days after the date
374	374	15 of decision, or 21 days after the date of the issuance of a
375	375	16 final decision on administrative review.
376	376	17 The State's Attorney of the county in which the property
377	377	18 is located shall have power to act on behalf of the People and
378	378	19 the chief county assessment officer to enforce the provisions
379	379	20 of this Section, including the power to compel by subpoena the
380	380	21 production of taxpayer income and expense data that is
381	381	22 required to be produced under this Section.
382	382	23 The chief county assessment officer may audit the income
383	383	24 and expense data submitted by taxpayers to verify its accuracy
384	384	25 by requesting documentation in support of submissions.
385	385	26 (e) Penalty and interest collected by the chief county
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396	396	1 assessment officer under this Section for a taxpayer's or
397	397	2 obligated party's failure to timely submit income and expense
398	398	3 data shall be collected in the same manner as other fees
399	399	4 collected by the chief county assessment officer. Such revenue
400	400	5 shall be deposited with the county treasurer in the county
401	401	6 general fund of the county in which the property is located,
402	402	7 with 75% of the revenue to be used for the benefit of the
403	403	8 office of the chief county assessment officer and 25% to be
404	404	9 used for the benefit of the county.
405	405	10 (f) Any personal data such as federal identification or
406	406	11 social security numbers and income tax forms or data that are
407	407	12 included in income and expense data produced under this
408	408	13 Section shall be deemed private information and exempt from
409	409	14 disclosure under the Freedom of Information Act. Income and
410	410	15 expense data submitted pursuant to this Article shall not be
411	411	16 subject to disclosure by the chief county assessment officer
412	412	17 in accordance with the Freedom of Information Act and other
413	413	18 applicable law, or pursuant to court order in a tax or other
414	414	19 matter. Nothing in this Section prohibits a chief county
415	415	20 assessment officer from disclosing compiled and anonymized
416	416	21 income and expense data as provided in this Section.
417	417	22 (g) The income and expense data submitted pursuant to this
418	418	23 Section shall be processed and used as follows:
419	419	24 (1) Income and expense data in its original form in
420	420	25 which the taxpayer, obligated party and the property in
421	421	26 question is identified shall not be used for purposes of
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432	432	1 assessing individual properties. The chief county
433	433	2 assessment officer shall compile and anonymize income and
434	434	3 expense data that is collected under this Division and
435	435	4 shall cause such information to be published annually.
436	436	5 Compiled and anonymized data may be used in the mass
437	437	6 appraisal or assessment of property.
438	438	7 The chief county assessment officer shall cause the
439	439	8 income and expense data to be compiled and anonymized in
440	440	9 accordance with statistical disclosure controls accepted
441	441	10 in the field that account for control of microdata and
442	442	11 quantitative and frequency tables in a manner that
443	443	12 considers individual property characteristics but prevents
444	444	13 the disclosure of individual property identity. Such
445	445	14 compilation and anonymization shall be performed by staff
446	446	15 who are not directly involved in the valuation of the type
447	447	16 of property for which the data has been submitted. The
448	448	17 chief county assessment officer shall publish the
449	449	18 procedures followed in compiling and anonymizing data.
450	450	19 (2) If a particular property is so unique in
451	451	20 characteristics, features, or location that the property
452	452	21 or its owner could be identified if the property's income
453	453	22 and expense data are included in compiled and anonymized
454	454	23 data that is made available to the public, township
455	455	24 assessors, or boards of review under this Section, the
456	456	25 income and expense data for that particular property shall
457	457	26 not be included in compiled and anonymized data.
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468	468	1 (3) Notwithstanding any other provision of this
469	469	2 Section, the taxpayer or obligated party of any property
470	470	3 for which income and expense data has been submitted shall
471	471	4 have the right at all times to: (i) obtain a copy of such
472	472	5 income and expense data as submitted, in its original
473	473	6 form, from the chief county assessment officer; (ii) file
474	474	7 such income and expense data in any public forum; or (iii)
475	475	8 authorize such filing or publication of the income and
476	476	9 expense data in any other manner that the owner may
477	477	10 choose.
478	478	11 The chief county assessment officer shall establish
479	479	12 and maintain reasonable security measures consistent with
480	480	13 State and local law and the Federal Information Security
481	481	14 Management Act to protect income and expense data.
482	482	15 (h) All information received by the chief county
483	483	16 assessment officer from income and expense data filed under
484	484	17 this Article shall be used only for official purposes. Any
485	485	18 person who divulges income and expense data submitted under
486	486	19 this Article other than as permitted in this Article, in
487	487	20 accordance with a proper judicial order, or as otherwise
488	488	21 provided by law, shall be guilty of a Class B misdemeanor and
489	489	22 subject to a fine not to exceed $7,500.
490	490	23 (i) The chief county assessment officer shall prepare a
491	491	24 summary report within 60 days of the completion of the first
492	492	25 assessment cycle in which income expense data is compiled
493	493	26 under this Section and used in the assessment process, and
494	494
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504	504	1 report findings to the Revenue committees of the Illinois
505	505	2 Senate and House of Representatives within 45 days thereafter.
506	506	3 The report shall document income and expense data collection,
507	507	4 changes in assessed or equalized assessed values that followed
508	508	5 the collection and use of compiled and anonymized income and
509	509	6 expense data for properties subject to reassessment, shall
510	510	7 compare reassessment year assessed or equalized assessed
511	511	8 values with values or equalized assessed values from the
512	512	9 immediately preceding reassessment cycle. The report shall
513	513	10 document any shifts in the percentage of commercial or
514	514	11 residential properties that comprise a portion of the total
515	515	12 assessed value or equalized assessed value of property within
516	516	13 the county. This report shall be produced annually following
517	517	14 the effective date of this amendatory Act of the 103rd General
518	518	15 Assembly until all property located within a county subject to
519	519	16 this Section has been reassessed.
520	520	17 Section 99. Effective date. This Act takes effect upon
521	521	18 becoming law.
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