Illinois 2025-2026 Regular Session

Illinois House Bill HB1818 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1818 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 35 ILCS 200/9-2035 ILCS 200/16-835 ILCS 200/16-10535 ILCS 200/23-15 Amends the Property Tax Code. Provides that, where assessment records are presently maintained in electronic format, the township assessor, multi-township assessor, or chief county assessment officer shall make those records available for immediate public inspection through Internet access. Provides that where assessment records, or some of them, are not presently maintained in electronic format, the township assessor, multi-township assessor, or chief county assessment officer shall convert all assessment records into electronic format and maintain those records in that format. Provides that those records shall be made available for immediate public inspection, preferably through Internet access. Contains provisions concerning requests for assessment records. In provisions providing that property records shall contain the elements (or basis) of valuation and computations that are taken into consideration by the chief county assessment officer in determining the fair cash value of property, provides that those elements include, but are not limited to, capitalization rates and tax loads, rental income data and any adjustments thereto, ratios of expenses to income, net income, vacancy and collection loss, reproduction or replacement cost calculators or manuals, physical, functional, and economic depreciation or obsolescence, and comparable sales and sales adjustment factors. Contains provisions concerning tax objections in the circuit court. Repeals provisions providing that the circuit court shall consider tax objections concerning valuation without regard to the correctness of any practice, procedure, or method of valuation followed by the assessor, board of appeals, or board of review in making or reviewing the assessment, and without regard to the intent or motivation of any assessing official. Effective immediately. LRB104 08839 HLH 18894 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1818 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 35 ILCS 200/9-2035 ILCS 200/16-835 ILCS 200/16-10535 ILCS 200/23-15 35 ILCS 200/9-20 35 ILCS 200/16-8 35 ILCS 200/16-105 35 ILCS 200/23-15 Amends the Property Tax Code. Provides that, where assessment records are presently maintained in electronic format, the township assessor, multi-township assessor, or chief county assessment officer shall make those records available for immediate public inspection through Internet access. Provides that where assessment records, or some of them, are not presently maintained in electronic format, the township assessor, multi-township assessor, or chief county assessment officer shall convert all assessment records into electronic format and maintain those records in that format. Provides that those records shall be made available for immediate public inspection, preferably through Internet access. Contains provisions concerning requests for assessment records. In provisions providing that property records shall contain the elements (or basis) of valuation and computations that are taken into consideration by the chief county assessment officer in determining the fair cash value of property, provides that those elements include, but are not limited to, capitalization rates and tax loads, rental income data and any adjustments thereto, ratios of expenses to income, net income, vacancy and collection loss, reproduction or replacement cost calculators or manuals, physical, functional, and economic depreciation or obsolescence, and comparable sales and sales adjustment factors. Contains provisions concerning tax objections in the circuit court. Repeals provisions providing that the circuit court shall consider tax objections concerning valuation without regard to the correctness of any practice, procedure, or method of valuation followed by the assessor, board of appeals, or board of review in making or reviewing the assessment, and without regard to the intent or motivation of any assessing official. Effective immediately. LRB104 08839 HLH 18894 b LRB104 08839 HLH 18894 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1818 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
33 35 ILCS 200/9-2035 ILCS 200/16-835 ILCS 200/16-10535 ILCS 200/23-15 35 ILCS 200/9-20 35 ILCS 200/16-8 35 ILCS 200/16-105 35 ILCS 200/23-15
44 35 ILCS 200/9-20
55 35 ILCS 200/16-8
66 35 ILCS 200/16-105
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88 Amends the Property Tax Code. Provides that, where assessment records are presently maintained in electronic format, the township assessor, multi-township assessor, or chief county assessment officer shall make those records available for immediate public inspection through Internet access. Provides that where assessment records, or some of them, are not presently maintained in electronic format, the township assessor, multi-township assessor, or chief county assessment officer shall convert all assessment records into electronic format and maintain those records in that format. Provides that those records shall be made available for immediate public inspection, preferably through Internet access. Contains provisions concerning requests for assessment records. In provisions providing that property records shall contain the elements (or basis) of valuation and computations that are taken into consideration by the chief county assessment officer in determining the fair cash value of property, provides that those elements include, but are not limited to, capitalization rates and tax loads, rental income data and any adjustments thereto, ratios of expenses to income, net income, vacancy and collection loss, reproduction or replacement cost calculators or manuals, physical, functional, and economic depreciation or obsolescence, and comparable sales and sales adjustment factors. Contains provisions concerning tax objections in the circuit court. Repeals provisions providing that the circuit court shall consider tax objections concerning valuation without regard to the correctness of any practice, procedure, or method of valuation followed by the assessor, board of appeals, or board of review in making or reviewing the assessment, and without regard to the intent or motivation of any assessing official. Effective immediately.
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1414 1 AN ACT concerning revenue.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Property Tax Code is amended by changing
1818 5 Sections 9-20, 16-8, 16-105, and 23-15 as follows:
1919 6 (35 ILCS 200/9-20)
2020 7 Sec. 9-20. Property assessment records record cards.
2121 8 (a) In all counties, all property records record cards
2222 9 maintained by a township assessor, multi-township assessor, or
2323 10 chief county assessment officer shall be public records, and
2424 11 shall be available for public inspection during business
2525 12 hours, subject to reasonable rules and regulations of the
2626 13 custodian of the records. Upon request and payment of such
2727 14 reasonable fee established by the custodian, a copy or
2828 15 printout shall be provided to any person.
2929 16 (b) Property assessment records record cards may be
3030 17 established and maintained on electronic equipment or
3131 18 microfiche, and that system may be the exclusive record of
3232 19 property information. Where assessment records are presently
3333 20 maintained in electronic format, the township assessor,
3434 21 multi-township assessor, or chief county assessment officer
3535 22 shall make those records available for immediate public
3636 23 inspection through Internet access. Where assessment records,
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4040 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1818 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
4141 35 ILCS 200/9-2035 ILCS 200/16-835 ILCS 200/16-10535 ILCS 200/23-15 35 ILCS 200/9-20 35 ILCS 200/16-8 35 ILCS 200/16-105 35 ILCS 200/23-15
4242 35 ILCS 200/9-20
4343 35 ILCS 200/16-8
4444 35 ILCS 200/16-105
4545 35 ILCS 200/23-15
4646 Amends the Property Tax Code. Provides that, where assessment records are presently maintained in electronic format, the township assessor, multi-township assessor, or chief county assessment officer shall make those records available for immediate public inspection through Internet access. Provides that where assessment records, or some of them, are not presently maintained in electronic format, the township assessor, multi-township assessor, or chief county assessment officer shall convert all assessment records into electronic format and maintain those records in that format. Provides that those records shall be made available for immediate public inspection, preferably through Internet access. Contains provisions concerning requests for assessment records. In provisions providing that property records shall contain the elements (or basis) of valuation and computations that are taken into consideration by the chief county assessment officer in determining the fair cash value of property, provides that those elements include, but are not limited to, capitalization rates and tax loads, rental income data and any adjustments thereto, ratios of expenses to income, net income, vacancy and collection loss, reproduction or replacement cost calculators or manuals, physical, functional, and economic depreciation or obsolescence, and comparable sales and sales adjustment factors. Contains provisions concerning tax objections in the circuit court. Repeals provisions providing that the circuit court shall consider tax objections concerning valuation without regard to the correctness of any practice, procedure, or method of valuation followed by the assessor, board of appeals, or board of review in making or reviewing the assessment, and without regard to the intent or motivation of any assessing official. Effective immediately.
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7777 1 or some of them, are not presently maintained in electronic
7878 2 format, the township assessor, multi-township assessor, or
7979 3 chief county assessment officer shall, as soon as may be
8080 4 feasible, convert all assessment records into electronic
8181 5 format and maintain those records in that format thereafter,
8282 6 and shall, as soon as feasible, make those records available
8383 7 for immediate public inspection, preferably through Internet
8484 8 access.
8585 9 (c) When a person requests a copy of a record maintained in
8686 10 an electronic format, the custodian of the records shall
8787 11 furnish it in the electronic format specified by the
8888 12 requester, if feasible. If it is not feasible to furnish the
8989 13 records in the specified electronic format, then the custodian
9090 14 shall furnish it in the format in which it is maintained by the
9191 15 assessor or chief county assessment officer or in paper format
9292 16 at the option of the requester. The assessor or chief county
9393 17 assessment officer may charge the requester for the actual
9494 18 cost of purchasing the recording medium, whether disc,
9595 19 diskette, tape or other medium. The requester may not be
9696 20 charged for the costs of any search and review of the records
9797 21 or other personnel costs associated with reproducing the
9898 22 records, except that charges may be made in cases of
9999 23 commercial requests as provided in subsection (f) of Section 6
100100 24 of the Freedom of Information Act.
101101 25 (d) "Commercial request" has the meaning provided in the
102102 26 Freedom of Information Act, provided that any request made by
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113113 1 a taxpayer or the taxpayer's legal representative for purposes
114114 2 of reviewing or challenging the accuracy, legality, or
115115 3 constitutionality of the taxpayer's assessment or other
116116 4 assessments in relation to such a review or challenge shall
117117 5 not be considered to be a commercial request.
118118 6 (Source: P.A. 83-1312; 88-455.)
119119 7 (35 ILCS 200/16-8)
120120 8 Sec. 16-8. Books and records of chief county assessment
121121 9 officer.
122122 10 (a) In counties with 3,000,000 or more inhabitants, the
123123 11 chief county assessment officer shall maintain records of the
124124 12 assessed value of each parcel of property and shall enter upon
125125 13 appropriate the property records record card of each town or
126126 14 city lot or parcel of land the elements (or basis) of valuation
127127 15 and computations that are taken into consideration by the
128128 16 chief county assessment officer in ascertaining and
129129 17 determining the fair cash value of each town or city lot or
130130 18 parcel of land and improvements of each improvement thereon,
131131 19 including the basic approach (cost, sales comparison, or
132132 20 income) used to estimate the value of the property, and all
133133 21 other elements or factors (shown by percentages or otherwise)
134134 22 that were taken into consideration in determining the fair
135135 23 cash value of each parcel of property, including, but not
136136 24 limited to, capitalization rates and tax loads, rental income
137137 25 data and any adjustments thereto, ratios of expenses to
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148148 1 income, net income, vacancy and collection loss, reproduction
149149 2 or replacement cost calculators or manuals, physical,
150150 3 functional, and economic depreciation or obsolescence, and
151151 4 comparable sales and sales adjustment factors. The disclosure
152152 5 of the elements (or basis) of valuation on the assessment
153153 6 records shall be sufficient to explain how the fair cash value
154154 7 and the assessment of each parcel of property was estimated
155155 8 and determined by the chief county assessment officer as
156156 9 enhancing or detracting elements (such as depth, corner,
157157 10 alley, railway or other elements). The assessment officer
158158 11 shall maintain the records for at least 10 years. Upon request
159159 12 by the board of appeals (until the first Monday in December
160160 13 1998 and the board of review beginning the first Monday in
161161 14 December 1998 and thereafter), the officer shall immediately
162162 15 furnish all of the requested records to the board. The records
163163 16 shall be available, on request, to the taxpayer at any time, as
164164 17 provided in Section 9-20. The chief county assessment officer
165165 18 shall certify, in writing, the amount of the assessment to the
166166 19 board. If the records maintained by the chief county
167167 20 assessment officer at the time the assessment is certified to
168168 21 the board and at all times thereafter do not disclose under
169169 22 subsection (a) contain none of the elements (or basis) of
170170 23 valuation for the parcel sufficiently to explain how the
171171 24 valuation of that parcel was determined, then any increase by
172172 25 the chief county assessment officer shall be considered
173173 26 invalid by the board of review, the Property Tax Appeal Board,
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184184 1 or the circuit court acting on a complaint under this Code
185185 2 Section 16-120; and no action by the board of review under
186186 3 Section 16-120 shall result in an increase in the valuation
187187 4 for the parcel for the current assessment year.
188188 5 (b) In counties with 3,000,000 or more inhabitants, the
189189 6 notice given by the chief county assessment officer to a
190190 7 taxpayer of a proposed increase in assessment shall designate
191191 8 the reason for the increase. If a taxpayer files an assessment
192192 9 complaint with the chief county assessment officer, the
193193 10 notification to the taxpayer of a determination on the
194194 11 assessment complaint shall designate the reason for the
195195 12 result.
196196 13 (c) The provisions of this Section shall be applicable
197197 14 beginning with the assessment for the 1997 tax year.
198198 15 (Source: P.A. 89-718, eff. 3-7-97; 90-4, eff. 3-7-97.)
199199 16 (35 ILCS 200/16-105)
200200 17 Sec. 16-105. Time of meeting - Public records. In counties
201201 18 with 3,000,000 or more inhabitants, the board of appeals
202202 19 (until the first Monday in December 1998 and the board of
203203 20 review beginning the first Monday in December 1998 and
204204 21 thereafter) shall meet on or before the second Monday in
205205 22 September in each year for the purpose of revising the
206206 23 assessment of property as provided for in this Code. The
207207 24 meeting may be adjourned from day to day as may be necessary.
208208 25 All hearings conducted by the board under this Code shall
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219219 1 be open to the public. All files maintained by the board
220220 2 relating to the matters specified in Sections 16-95, 16-100,
221221 3 and 16-140 shall be available for public inspection during
222222 4 regular office hours. However, only the actual portions of the
223223 5 income tax return relating to the property for which a
224224 6 complaint has been filed shall be a public record. Copies of
225225 7 such records shall be furnished upon request in the same
226226 8 manner and upon the same terms as is provided with respect to
227227 9 assessment records under Section 9-20. Whenever possible, all
228228 10 such records shall be maintained by the board of review in
229229 11 electronic format and shall be made available for immediate
230230 12 public inspection, preferably through internet access. The
231231 13 board may charge for the costs of copying, at 35 per page of
232232 14 legal size or smaller and $1 for each larger page.
233233 15 (Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff.
234234 16 8-14-96.)
235235 17 (35 ILCS 200/23-15)
236236 18 Sec. 23-15. Tax objection procedure and hearing.
237237 19 (a) A tax objection complaint under Section 23-10 shall be
238238 20 filed in the circuit court of the county in which the subject
239239 21 property is located. Joinder of plaintiffs shall be permitted
240240 22 to the same extent permitted by law in any personal action
241241 23 pending in the court and shall be in accordance with Section
242242 24 2-404 of the Code of Civil Procedure; provided, however, that
243243 25 no complaint shall be filed as a class action. The complaint
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254254 1 shall name the county collector as defendant and may name
255255 2 additional defendants as appropriate to the issues, and shall
256256 3 specify any objections that the plaintiff may have to the
257257 4 taxes in question. No appearance or answer by the county
258258 5 collector to the tax objection complaint, nor any further
259259 6 pleadings, need be filed. Amendments to the complaint may be
260260 7 made to the same extent which, by law, could be made in any
261261 8 personal action pending in the court. Answers, motions, and
262262 9 other matters related to pleadings shall be in accordance with
263263 10 the Code of Civil Procedure, provided that: (1) the county
264264 11 collector need not appear or answer or otherwise plead in
265265 12 response to the complaint except by order of the court; (2) the
266266 13 court shall set by rule or order the initial time for other
267267 14 defendants to answer or otherwise plead in response to the
268268 15 complaint; and (3) in all cases in which the issues require the
269269 16 collector to answer or otherwise plead in response to the
270270 17 complaint, the court shall set by order the initial time for
271271 18 such answer or other response. The time set for answers or
272272 19 other responses shall be no later than 30 days after the
273273 20 court's entry of the first case management order or after
274274 21 joinder of a defendant subsequent to the first case management
275275 22 order.
276276 23 (b) (1) The court, sitting without a jury, shall hear and
277277 24 determine all objections specified to the taxes, assessments,
278278 25 or levies in question. This Section shall be construed to
279279 26 provide a complete remedy for any claims with respect to those
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290290 1 taxes, assessments, or levies, excepting only matters for
291291 2 which an exclusive remedy is provided elsewhere in this Code.
292292 3 (2) The taxes, assessments, and levies that are the
293293 4 subject of the objection shall be presumed correct and legal,
294294 5 but the presumption is rebuttable. The plaintiff has the
295295 6 burden of proving any contested matter of fact is by clear and
296296 7 convincing evidence.
297297 8 (3) Objections to assessments shall be heard de novo by
298298 9 the court. The court shall grant relief in the cases in which
299299 10 the objector meets the burden of proof under this Section and
300300 11 shows an assessment to be incorrect or illegal. If an
301301 12 objection is made claiming incorrect valuation, the court
302302 13 shall consider the objection without regard to the correctness
303303 14 of any practice, procedure, or method of valuation followed by
304304 15 the assessor, board of appeals, or board of review in making or
305305 16 reviewing the assessment, and without regard to the intent or
306306 17 motivation of any assessing official. The doctrine known as
307307 18 constructive fraud is hereby abolished for purposes of all
308308 19 challenges to taxes, assessments, or levies.
309309 20 (c) If the court orders a refund of any part of the taxes
310310 21 paid, it shall also order the payment of interest as provided
311311 22 in Section 23-20. Appeals may be taken from final judgments as
312312 23 in other civil cases.
313313 24 (d) This amendatory Act of 1995 shall apply to all tax
314314 25 objection matters still pending for any tax year, except as
315315 26 provided in Sections 23-5 and 23-10 regarding procedures and
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326326 1 time limitations for payment of taxes and filing tax objection
327327 2 complaints.
328328 3 (e) In counties with less than 3,000,000 inhabitants, if
329329 4 the court renders a decision lowering the assessment of a
330330 5 particular parcel on which a residence occupied by the owner
331331 6 is situated, the reduced assessment, subject to equalization,
332332 7 shall remain in effect for the remainder of the general
333333 8 assessment period as provided in Sections 9-215 through 9-225,
334334 9 unless that parcel is subsequently sold in an arm's length
335335 10 transaction establishing a fair cash value for the parcel that
336336 11 is different from the fair cash value on which the court's
337337 12 assessment is based, or unless the decision of the court is
338338 13 reversed or modified upon review.
339339 14 (Source: P.A. 88-455; 88-642, eff. 9-9-94; 89-126, eff.
340340 15 7-11-95; 89-290, eff. 1-1-96; 89-593, eff. 8-1-96; 89-626,
341341 16 eff. 8-9-96.)
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