Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1321 Compare Versions

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

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1321 Introduced 2/6/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: 35 ILCS 200/9-285 new Amends the Property Tax Code. Provides that owners of income-producing properties shall file physical descriptions of their properties with the chief county assessor in the form and format determined by the chief county assessor. Effective immediately. LRB103 05702 HLH 50721 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1321 Introduced 2/6/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: 35 ILCS 200/9-285 new 35 ILCS 200/9-285 new Amends the Property Tax Code. Provides that owners of income-producing properties shall file physical descriptions of their properties with the chief county assessor in the form and format determined by the chief county assessor. Effective immediately. LRB103 05702 HLH 50721 b LRB103 05702 HLH 50721 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1321 Introduced 2/6/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
3	3	35 ILCS 200/9-285 new 35 ILCS 200/9-285 new
4	4	35 ILCS 200/9-285 new
5	5	Amends the Property Tax Code. Provides that owners of income-producing properties shall file physical descriptions of their properties with the chief county assessor in the form and format determined by the chief county assessor. Effective immediately.
6	6	LRB103 05702 HLH 50721 b LRB103 05702 HLH 50721 b
7	7	LRB103 05702 HLH 50721 b
8	8	A BILL FOR
9	9	SB1321LRB103 05702 HLH 50721 b SB1321 LRB103 05702 HLH 50721 b
10	10	SB1321 LRB103 05702 HLH 50721 b
11	11	1 AN ACT concerning revenue.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Property Tax Code is amended by adding
15	15	5 Section 9-285 as follows:
16	16	6 (35 ILCS 200/9-285 new)
17	17	7 Sec. 9-285. Real property descriptions.
18	18	8 (a) This Section applies to all counties with 3,000,000 or
19	19	9 more inhabitants and to all counties in which the county board
20	20	10 provides, by ordinance or resolution, that owners of
21	21	11 income-producing properties must comply with subsection (b).
22	22	12 (b) Owners of income-producing properties shall file
23	23	13 physical descriptions of their properties with the chief
24	24	14 county assessor, in the form and format determined by the
25	25	15 chief county assessor, within 120 days after:
26	26	16 (1) the effective date of this amendatory Act of the
27	27	17 103rd General Assembly, for counties with 3,000,000 or
28	28	18 more inhabitants; or
29	29	19 (2) the effective date of the ordinance or resolution
30	30	20 adopted by the county board under subsection (a), for any
31	31	21 other counties to which this Section applies.
32	32	22 After making the initial filing under subsection (b), a
33	33	23 property owner shall also update the filing within 120 days
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1321 Introduced 2/6/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
38	38	35 ILCS 200/9-285 new 35 ILCS 200/9-285 new
39	39	35 ILCS 200/9-285 new
40	40	Amends the Property Tax Code. Provides that owners of income-producing properties shall file physical descriptions of their properties with the chief county assessor in the form and format determined by the chief county assessor. Effective immediately.
41	41	LRB103 05702 HLH 50721 b LRB103 05702 HLH 50721 b
42	42	LRB103 05702 HLH 50721 b
43	43	A BILL FOR
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49	49	35 ILCS 200/9-285 new
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68	68	1 after any material change in the physical description.
69	69	2 (c) If the owner fails to submit the required physical
70	70	3 description or fails to adequately explain why no submission
71	71	4 is required, the owner shall pay a penalty to the chief county
72	72	5 assessment officer of up to 0.025% of the prior year's market
73	73	6 value, as indicated by the most recent certified assessed
74	74	7 value for the property at issue, but in no case shall the owner
75	75	8 be required to pay more than a maximum penalty of $1,000 per
76	76	9 property. The chief county assessment officer shall review all
77	77	10 submissions and determine whether the owner provided
78	78	11 sufficient evidence that he or she was not required to report a
79	79	12 property description or that the submission complies based on
80	80	13 available documentation.
81	81	14 If a party is dissatisfied with a decision of the chief
82	82	15 county assessment officer, the party may request review of
83	83	16 that decision. Upon such a request, at least 30 days' notice
84	84	17 shall be provided to the party of a hearing to be conducted by
85	85	18 a hearing officer designated by the chief county assessment
86	86	19 officer. If a party is dissatisfied with a hearing officer's
87	87	20 decision, the party may appeal that decision to the circuit
88	88	21 court of the county in which the property is located as a final
89	89	22 administrative decision under the Administrative Review Law.
90	90	23 If a party is unsuccessful at hearing, the penalty imposed
91	91	24 under this Section shall bear interest at 0.05% per month
92	92	25 thereafter, beginning 21 days after the date of the decision
93	93	26 or 21 days after the date of the issuance of a final decision
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104	104	1 on administrative review.
105	105	2 (d) Definitions. As used in this Section:
106	106	3 "Income-producing property" means property that is not
107	107	4 owner-occupied, as defined in this Section, and that is owned
108	108	5 for the purpose of generating income from the property itself,
109	109	6 regardless of whether the property actually generates income
110	110	7 in a particular year. "Income-producing property" does not
111	111	8 include:
112	112	9 (1) property with a market value of $500,000 or less
113	113	10 in the most recent assessment year for which an assessment
114	114	11 is certified exclusive of any adjustments to assessed
115	115	12 value by a board of review, the Property Tax Appeal Board,
116	116	13 or the circuit court;
117	117	14 (2) residential property containing 6 or fewer
118	118	15 dwelling units;
119	119	16 (3) property assessed under Article 10 of this Code
120	120	17 and stadiums that are not qualified property under Section
121	121	18 10-215 that have a seating capacity of 20,000 or more and
122	122	19 host major professional sporting events;
123	123	20 (4) property that is assessed by the Department under
124	124	21 Article 11 of this Code;
125	125	22 (5) property that is owned or leased by a hospital
126	126	23 licensed under the Hospital Licensing Act or operated
127	127	24 under the University of Illinois Hospital Act, including
128	128	25 any hospital affiliate that directly or indirectly
129	129	26 controls, is controlled by, or is under common control
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140	140	1 with a hospital; or
141	141	2 (6) property that is owned or leased by a facility
142	142	3 licensed under the Nursing Home Care Act that is an
143	143	4 intermediate or skilled facility.
144	144	5 "Net rentable area" means the square footage of an
145	145	6 improvement that may be leased or rented to tenants, excluding
146	146	7 common areas such as elevators, stairways, and atriums.
147	147	8 "Owner-occupied" means real property that is used or
148	148	9 occupied exclusively by a record owner or related entity, or
149	149	10 real property having 80% or more of its net rentable area
150	150	11 occupied or held for future use by the record owner of the
151	151	12 property or a related person or entity as described in
152	152	13 subsection (b) of Section 267 of the Internal Revenue Code. If
153	153	14 more than 20% of the net rentable area of a property is subject
154	154	15 to an existing lease or is subject to a short-term rental by an
155	155	16 unrelated entity, the property is not considered
156	156	17 owner-occupied for purposes of this Section.
157	157	18 "Physical description" means the land size and, for each
158	158	19 individual development on the parcel, information about the
159	159	20 construction type, year built, total development size,
160	160	21 electrical supply capacity in megawatts, cooling and heating
161	161	22 system capacity, floor load bearing capacity, number of
162	162	23 buildings, number of stories in each building, and parking
163	163	24 capacity.
164	164	25 For multi-family residential properties of 6 or more
165	165	26 units, "physical description" also includes the size and use
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176	176	1 of the basement area, the number of studio, 1-bedroom,
177	177	2 2-bedroom, 3-bedroom, and larger units; the pool area (if
178	178	3 any); the exercise area (if any); lower level uses; and the
179	179	4 number of units, if any, that are enrolled in any
180	180	5 government-administered affordable housing program.
181	181	6 For office properties, "physical description" also
182	182	7 includes the net rentable area, the size and use of the
183	183	8 basement area, lower level uses, ceiling height, whether or
184	184	9 not each unit is used for medical services, and whether or not
185	185	10 buildings on the property share a central plant.
186	186	11 For retail properties, "physical description" also
187	187	12 includes the net rentable area, the size and uses of the
188	188	13 basement area, the size and use of lower levels, the ceiling
189	189	14 height, and the total customer capacity.
190	190	15 For industrial properties, "physical description" also
191	191	16 includes the size and location of office area or areas,
192	192	17 ceiling height, the size and location of docks, the number and
193	193	18 size of loading bay doors, and the primary tenant or business
194	194	19 entity.
195	195	20 For hospitality properties, "physical description" also
196	196	21 includes the size of any conference area, the size and use of
197	197	22 the basement area, the room count, the suite count, the size
198	198	23 and location of lounge areas, the size and location of
199	199	24 restaurant areas, franchise affiliation, the size and location
200	200	25 of any pool area, and lower level uses.
201	201	26 "Property" has the meaning set forth in Section 1-130 of
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212	212	1 this Code and includes contiguous parcels or property index
213	213	2 numbers that comprise one functional property location.
214	214	3 Section 99. Effective date. This Act takes effect upon
215	215	4 becoming law.
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