Bill Text: IL SB0158 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Property Tax Code. Provides that, if the property contains a hazardous substance, hazardous waste, or an underground storage tank, the court may order the holder of the certificate of purchase to assign the certificate to the county collector upon request of the county collector. Provides that the county collector may further assign the certificate to the county, acting as trustee for taxing districts, or to a taxing district having an interest in the taxes sold. In a Section that allows a tax purchase be set aside as a sale in error if a county, city, village, or incorporated town has an interest in the property under the police and welfare power by advancements made from public funds, provides that such a sale in error may not be granted if the lien has been released, satisfied, discharged, or waived.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Enrolled) 2019-06-19 - Sent to the Governor [SB0158 Detail]

Download: Illinois-2019-SB0158-Enrolled.html



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1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Property Tax Code is amended by changing
5Section 15-60 as follows:
6 (35 ILCS 200/15-60)
7 Sec. 15-60. Taxing district property. All property
8belonging to any county or municipality used exclusively for
9the maintenance of the poor is exempt, as is all property owned
10by a taxing district that is being held for future expansion or
11development, except if leased by the taxing district to lessees
12for use for other than public purposes.
13 Also exempt are:
14 (a) all swamp or overflowed lands belonging to any
15 county;
16 (b) all public buildings belonging to any county,
17 township, or municipality, with the ground on which the
18 buildings are erected;
19 (c) all property owned by any municipality located
20 within its incorporated limits. Any such property leased by
21 a municipality shall remain exempt, and the leasehold
22 interest of the lessee shall be assessed under Section
23 9-195 of this Act, (i) for a lease entered into on or after

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1 January 1, 1994, unless the lease expressly provides that
2 this exemption shall not apply; (ii) for a lease entered
3 into on or after the effective date of Public Act 87-1280
4 and before January 1, 1994, unless the lease expressly
5 provides that this exemption shall not apply or unless
6 evidence other than the lease itself substantiates the
7 intent of the parties to the lease that this exemption
8 shall not apply; and (iii) for a lease entered into before
9 the effective date of Public Act 87-1280, if the terms of
10 the lease do not bind the lessee to pay the taxes on the
11 leased property or if, notwithstanding the terms of the
12 lease, the municipality has filed or hereafter files a
13 timely exemption petition or complaint with respect to
14 property consisting of or including the leased property for
15 an assessment year which includes part or all of the first
16 12 months of the lease period. The foregoing clause (iii)
17 added by Public Act 87-1280 shall not operate to exempt
18 property for any assessment year as to which no timely
19 exemption petition or complaint has been filed by the
20 municipality or as to which an administrative or court
21 decision denying exemption has become final and
22 nonappealable. For each assessment year or portion thereof
23 that property is made exempt by operation of the foregoing
24 clause (iii), whether such year or portion is before or
25 after the effective date of Public Act 87-1280, the
26 leasehold interest of the lessee shall, if necessary, be

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1 considered omitted property for purposes of this Act;
2 (c-5) Notwithstanding clause (i) of subsection (c), or
3 any other law to the contrary, for a municipality with a
4 population over 100,000, all property owned by the a
5 municipality, or property interests or rights held by the
6 municipality, regardless of whether such property,
7 interests, or rights are, in whole or in part, within or
8 without its corporate limits, with a population of over
9 500,000 that is used for toll road or toll bridge purposes
10 and that is leased or licensed for those purposes to
11 another entity whose property or property interests or
12 rights are is not exempt shall remain exempt, and any
13 leasehold interest in such the property, interest, or
14 rights shall not be subject to taxation under Section 9-195
15 of this Code Act;
16 (d) all property owned by any municipality located
17 outside its incorporated limits but within the same county
18 when used as a tuberculosis sanitarium, farm colony in
19 connection with a house of correction, or nursery, garden,
20 or farm, or for the growing of shrubs, trees, flowers,
21 vegetables, and plants for use in beautifying,
22 maintaining, and operating playgrounds, parks, parkways,
23 public grounds, buildings, and institutions owned or
24 controlled by the municipality;
25 (e) all property owned by a township and operated as
26 senior citizen housing under Sections 35-50 through

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1 35-50.6 of the Township Code; and
2 (f) all property owned by the Executive Board of the
3 Mutual Aid Box Alarm System (MABAS), a unit of
4 intergovernmental cooperation, that is used for the public
5 purpose of disaster preparedness and response for units of
6 local government and the State of Illinois pursuant to
7 Section 10 of Article VII of the Illinois Constitution and
8 the Intergovernmental Cooperation Act.
9 All property owned by any municipality outside of its
10corporate limits is exempt if used exclusively for municipal or
11public purposes.
12 For purposes of this Section, "municipality" means a
13municipality, as defined in Section 1-1-2 of the Illinois
14Municipal Code.
15(Source: P.A. 98-206, eff. 1-1-14.)
16 Section 10. The Toll Highway Act is amended by changing
17Section 11 as follows:
18 (605 ILCS 10/11) (from Ch. 121, par. 100-11)
19 Sec. 11. The Authority shall have power:
20 (a) To enter upon lands, waters and premises in the State
21for the purpose of making surveys, soundings, drillings and
22examinations as may be necessary, expedient or convenient for
23the purposes of this Act, and such entry shall not be deemed to
24be a trespass, nor shall an entry for such purpose be deemed an

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1entry under any condemnation proceedings which may be then
2pending; provided, however, that the Authority shall make
3reimbursement for any actual damage resulting to such lands,
4waters and premises as the result of such activities.
5 (b) To construct, maintain and operate stations for the
6collection of tolls or charges upon and along any toll
7highways.
8 (c) To provide for the collection of tolls and charges for
9the privilege of using the said toll highways. Before it adopts
10an increase in the rates for toll, the Authority shall hold a
11public hearing at which any person may appear, express
12opinions, suggestions, or objections, or direct inquiries
13relating to the proposed increase. Any person may submit a
14written statement to the Authority at the hearing, whether
15appearing in person or not. The hearing shall be held in the
16county in which the proposed increase of the rates is to take
17place. The Authority shall give notice of the hearing by
18advertisement on 3 successive days at least 15 days prior to
19the date of the hearing in a daily newspaper of general
20circulation within the county within which the hearing is held.
21The notice shall state the date, time, and place of the
22hearing, shall contain a description of the proposed increase,
23and shall specify how interested persons may obtain copies of
24any reports, resolutions, or certificates describing the basis
25on which the proposed change, alteration, or modification was
26calculated. After consideration of any statements filed or oral

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1opinions, suggestions, objections, or inquiries made at the
2hearing, the Authority may proceed to adopt the proposed
3increase of the rates for toll. No change or alteration in or
4modification of the rates for toll shall be effective unless at
5least 30 days prior to the effective date of such rates notice
6thereof shall be given to the public by publication in a
7newspaper of general circulation, and such notice, or notices,
8thereof shall be posted and publicly displayed at each and
9every toll station upon or along said toll highways.
10 (d) To construct, at the Authority's discretion, grade
11separations at intersections with any railroads, waterways,
12street railways, streets, thoroughfares, public roads or
13highways intersected by the said toll highways, and to change
14and adjust the lines and grades thereof so as to accommodate
15the same to the design of such grade separation and to
16construct interchange improvements. The Authority is
17authorized to provide such grade separations or interchange
18improvements at its own cost or to enter into contracts or
19agreements with reference to division of cost therefor with any
20municipality or political subdivision of the State of Illinois,
21or with the Federal Government, or any agency thereof, or with
22any corporation, individual, firm, person or association.
23Where such structures have been or will be built by the
24Authority, the local highway agency or municipality with
25jurisdiction shall enter into an agreement with the Authority
26for the ongoing maintenance of the structures..

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1 (e) To contract with and grant concessions to or lease or
2license to any person, partnership, firm, association or
3corporation so desiring the use of any part of any toll
4highways, excluding the paved portion thereof, but including
5the right of way adjoining, under, or over said paved portion
6for the placing of telephone, telegraph, electric, power lines
7and other utilities, and for the placing of pipe lines, and to
8enter into operating agreements with or to contract with and
9grant concessions to or to lease to any person, partnership,
10firm, association or corporation so desiring the use of any
11part of the toll highways, excluding the paved portion thereof,
12but including the right of way adjoining, or over said paved
13portion for motor fuel service stations and facilities,
14garages, stores and restaurants, or for any other lawful
15purpose, and to fix the terms, conditions, rents, rates and
16charges for such use.
17 By January 1, 2016, the Authority shall construct and
18maintain at least one electric vehicle charging station at any
19location where the Authority has entered into an agreement with
20any entity pursuant to this subsection (e) for the purposes of
21providing motor fuel service stations and facilities, garages,
22stores, or restaurants. The Authority shall charge a fee for
23the use of these charging stations to offset the costs of
24constructing and maintaining these charging stations. The
25Authority shall adopt rules to implement the erection, user
26fees, and maintenance of electric vehicle charging stations

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1pursuant to this subsection (e).
2 The Authority shall also have power to establish reasonable
3regulations for the installation, construction, maintenance,
4repair, renewal, relocation and removal of pipes, mains,
5conduits, cables, wires, towers, poles and other equipment and
6appliances (herein called public utilities) of any public
7utility as defined in the Public Utilities Act along, over or
8under any toll road project. Whenever the Authority shall
9determine that it is necessary that any such public utility
10facilities which now are located in, on, along, over or under
11any project or projects be relocated or removed entirely from
12any such project or projects, the public utility owning or
13operating such facilities shall relocate or remove the same in
14accordance with the order of the Authority. All costs and
15expenses of such relocation or removal, including the cost of
16installing such facilities in a new location or locations, and
17the cost of any land or lands, or interest in land, or any
18other rights required to accomplish such relocation or removal
19shall be ascertained and paid by the Authority as a part of the
20cost of any such project or projects, and further, there shall
21be no rent, fee or other charge of any kind imposed upon the
22public utility owning or operating any facilities ordered
23relocated on the properties of the said Authority and the said
24Authority shall grant to the said public utility owning or
25operating said facilities and its successors and assigns the
26right to operate the same in the new location or locations for

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1as long a period and upon the same terms and conditions as it
2had the right to maintain and operate such facilities in their
3former location or locations.
4 (f) To enter into an intergovernmental agreement or
5contract with a unit of local government or other public or
6private entity for the collection, enforcement, and
7administration of tolls, fees, revenue, and violations,
8including for a private bridge operator's collection,
9enforcement, and administration of tolls, violations, fees,
10fines, charges, and penalties in connection with a bridge
11authorized under the Toll Bridge Act.
12 The General Assembly finds that electronic toll collection
13systems in Illinois should be standardized to promote safety,
14efficiency, and traveler convenience. The Authority shall
15cooperate with other public and private entities to further the
16goal of standardized toll collection in Illinois and is
17authorized to provide toll collection and toll violation
18enforcement services to such entities when doing so is in the
19best interest of the Authority and consistent with its
20obligations under Section 23 of this Act.
21(Source: P.A. 100-71, eff. 1-1-18.)
22 Section 15. The Toll Bridge Act is amended by changing
23Section 7 as follows:
24 (605 ILCS 115/7) (from Ch. 137, par. 7)

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1 Sec. 7. The county board shall fix the rates of toll, and
2may from time to time, alter and change the same, including by
3establishing a toll rate schedule, setting a maximum toll rate
4that may be adjusted from time to time, or by establishing
5another toll rate structure, and in case of the neglect of the
6owner of the bridge to keep the same in proper repair and safe
7for the crossing of persons and property, may prohibit the
8taking of toll. Except as regarding toll bridges or as
9otherwise provided by law, nothing in this amendatory Act of
10the 101st General Assembly shall be construed to authorize a
11county, municipality, local government, or private operator to
12impose a toll upon any public road, street, or highway; nor
13shall any provision of this amendatory Act of the 101st General
14Assembly be construed to authorize, pursuant to an
15intergovernmental agreement or otherwise, the imposition of
16any toll upon any public road, street, or highway.
17 The General Assembly finds that electronic toll collection
18systems in Illinois should be standardized to promote safety,
19efficiency, and traveler convenience. If electronic toll
20collection is used on such bridge, the county shall cause the
21configuration of the electronic toll collection system to be
22compatible with the electronic toll collection system used by
23the Illinois State Toll Highway Authority. The municipality or
24private operator may enter into an intergovernmental agreement
25with the Illinois State Toll Highway Authority to provide for
26such compatibility or to have the Authority provide electronic

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1toll collection or toll violation enforcement services. Any
2toll bridges in Winnebago County that are in operation and
3collecting tolls on the effective date of this amendatory Act
4of the 97th General Assembly are exempt from the provisions of
5the Act.
6(Source: P.A. 97-252, eff. 8-4-11.)
7 Section 20. The Illinois Vehicle Code is amended by adding
8Sections 3-704.3 and 6-306.8 as follows:
9 (625 ILCS 5/3-704.3 new)
10 Sec. 3-704.3. Failure to satisfy fines or penalties for
11toll bridge violations; suspension of vehicle registration.
12 (a) Notwithstanding any law to the contrary, upon the
13Secretary's receipt of a report, as described in subsection
14(b), from a private tolling authority stating that the owner of
15a registered vehicle has failed to satisfy any fees, fines,
16charges, or penalties resulting from a final invoice or notice
17by the private tolling authority relating directly or
18indirectly to 5 or more toll violations, the Secretary shall
19suspend the vehicle registration of the person in accordance
20with the procedures set forth in this Section.
21 (b) The report from the private tolling authority notifying
22the Secretary of unsatisfied fees, fines, charges, or penalties
23may be generated by the private tolling authority and received
24by the Secretary by automated process. The report shall contain

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1the following:
2 (1) The name, last known address, and driver's license
3 number of the person who failed to satisfy the fees, fines,
4 charges, or penalties, and the registration number of any
5 vehicle known to be registered in this State to that
6 person.
7 (2) A statement that the private tolling authority sent
8 a notice of impending suspension of the person's vehicle
9 registration to the person named in the report at the
10 address recorded with the Secretary; the date on which the
11 notice was sent; and the address to which the notice was
12 sent.
13 (c) Following the Secretary's receipt of a report described
14in subsection (b), the Secretary shall notify the person whose
15name appears on the report that the person's vehicle
16registration will be suspended at the end of a specified period
17unless the Secretary is presented with a notice from the
18private tolling authority stating that the fees, fines,
19charges, or penalties owed to the private tolling authority
20have been satisfied or that inclusion of that person's name on
21the report described in subsection (b) was in error. The
22Secretary's notice shall state in substance the information
23contained in the private tolling authority's report to the
24Secretary described in subsection (b), and shall be effective
25as specified by subsection (c) of Section 6-211.
26 (d) The private tolling authority, after making a report to

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1the Secretary described in subsection (b), shall notify the
2Secretary, on a form prescribed by the Secretary or by
3automated process, whenever a person named in the report has
4satisfied the previously reported fees, fines, charges, or
5penalties or whenever the private tolling authority determines
6that the original report was in error. A copy of the
7notification shall also be given upon request and at no
8additional charge to the person named therein. Upon receipt of
9the private tolling authority's notification, the Secretary
10shall lift the suspension.
11 (e) The private tolling authority shall establish
12procedures for persons to challenge the accuracy of the report
13described in subsection (b). The procedures shall provide the
14grounds for a challenge, which may include:
15 (1) the person not having been the owner or lessee of
16 the vehicle or vehicles receiving 5 or more toll violations
17 on the date or dates the violations occurred; or
18 (2) the person having already satisfied the fees,
19 fines, charges, or penalties for the 5 or more toll
20 violations indicated on the report described in subsection
21 (b).
22 (f) The Secretary and the Authority may promulgate rules
23necessary to implement this Section.
24 (g) The Secretary, the Authority, and the private tolling
25authority shall cooperate with one another in the
26administration and implementation of this Section.

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1 (h) The Secretary shall provide the Authority and the
2private tolling authority with any information the Authority or
3the private tolling authority may deem necessary for the
4purposes of this Section or for the private tolling authority's
5invoicing, collection, and administrative functions, including
6regular and timely access to driver's license, vehicle
7registration, and license plate information, and the
8Secretary's driver, title, and vehicle record databases.
9Section 2-123 does not apply to the provision of such
10information, but the Secretary shall be entitled to
11reimbursement for its costs in providing such information.
12 (i) The Authority shall provide the Secretary and the
13private tolling authority with any information the Secretary or
14the private tolling authority may deem necessary for purposes
15of this Section or for the private tolling authority's
16invoicing, collection, and administrative functions, including
17regular and timely access to toll violation records.
18 (j) As used in this Section:
19 "Authority" means the Illinois State Toll Highway
20Authority.
21 "Private tolling authority" means the owner, lessee,
22licensee, or operator of a toll bridge authorized under the
23Toll Bridge Act.
24 "Secretary" means the Illinois Secretary of State.
25 (625 ILCS 5/6-306.8 new)

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1 Sec. 6-306.8. Failure to satisfy fines or penalties for
2toll bridge violations; suspension of driving privileges.
3 (a) Notwithstanding any law to the contrary, upon the
4Secretary's receipt of a report, as described in subsection
5(b), from a private tolling authority stating that the owner of
6a registered vehicle has failed to satisfy any fees, fines,
7charges, or penalties resulting from a final invoice or notice
8by the private tolling authority relating directly or
9indirectly to 5 or more toll violations, the Secretary shall
10suspend the driving privileges of the person in accordance with
11the procedures set forth in this Section.
12 (b) The report from the private tolling authority notifying
13the Secretary of unsatisfied fees, fines, charges, or penalties
14may be generated by the private tolling authority and received
15by the Secretary by automated process. The report shall contain
16the following:
17 (1) The name, last known address, and driver's license
18 number of the person who failed to satisfy the fees, fines,
19 charges, or penalties, and the registration number of any
20 vehicle known to be registered in this State to that
21 person.
22 (2) A statement that the private tolling authority sent
23 a notice of impending suspension of the person's driver's
24 license to the person named in the report at the address
25 recorded with the Secretary; the date on which the notice
26 was sent; and the address to which the notice was sent.

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1 (c) Following the Secretary's receipt of a report described
2in subsection (b), the Secretary shall notify the person whose
3name appears on the report that the person's driver's license
4will be suspended at the end of a specified period unless the
5Secretary is presented with a notice from the private tolling
6authority stating that the fees, fines, charges, or penalties
7owed to the private tolling authority have been satisfied or
8that inclusion of that person's name on the report described in
9subsection (b) was in error. The Secretary's notice shall state
10in substance the information contained in the private tolling
11authority's report to the Secretary described in subsection
12(b), and shall be effective as specified by subsection (c) of
13Section 6-211, except as to those drivers who also have been
14issued a CDL. If a person also has been issued a CDL, notice of
15suspension of that person's driver's license must be given in
16writing by certified mail and is effective on the date listed
17in the notice of suspension, except that the notice is not
18effective until 4 days after the date on which the notice was
19deposited into the United States mail. The notice becomes
20effective 4 days after its deposit into the United States mail
21regardless of whether the Secretary of State receives the
22return receipt and regardless of whether the written
23notification is returned for any reason to the Secretary of
24State as undeliverable.
25 (d) The private tolling authority, after making a report to
26the Secretary described in subsection (b), shall notify the

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1Secretary, on a form prescribed by the Secretary or by
2automated process, whenever a person named in the report has
3satisfied the previously reported fees, fines, charges, or
4penalties or whenever the private tolling authority determines
5that the original report was in error. A copy of the
6notification shall also be given upon request and at no
7additional charge to the person named therein. Upon receipt of
8the private tolling authority's notification, the Secretary
9shall lift the suspension.
10 (e) The private tolling authority shall establish
11procedures for persons to challenge the accuracy of the report
12described in subsection (b). The procedures shall provide the
13grounds for a challenge, which may include:
14 (1) the person not having been the owner or lessee of
15 the vehicle or vehicles receiving 5 or more toll violations
16 on the date or dates the violations occurred; or
17 (2) the person having already satisfied the fees,
18 fines, charges, or penalties for the 5 or more toll
19 violations indicated on the report described in subsection
20 (b).
21 (f) The Secretary and the Authority may promulgate rules
22necessary to implement this Section.
23 (g) The Secretary, the Authority, and the private tolling
24authority shall cooperate with one another in the
25administration and implementation of this Section.
26 (h) The Secretary shall provide the Authority and the

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1private tolling authority with any information the Authority or
2the private tolling authority may deem necessary for purposes
3of this Section or for the private tolling authority's
4invoicing, collection, and administrative functions, including
5regular and timely access to driver's license, vehicle
6registration, and license plate information, and the
7Secretary's driver, title, and vehicle record databases.
8Section 2-123 does not apply to the provision of such
9information, but the Secretary shall be entitled to
10reimbursement for its costs in providing such information.
11 (i) The Authority shall provide the Secretary and the
12private tolling authority with any information the Secretary or
13the private tolling authority may deem necessary for purposes
14of this Section or for the private tolling authority's
15invoicing, collection, and administrative functions, including
16regular and timely access to toll violation records.
17 (j) As used in this Section:
18 "Authority" means the Illinois State Toll Highway
19Authority.
20 "Private tolling authority" means the owner, lessee,
21licensee, or operator of a toll bridge authorized under the
22Toll Bridge Act.
23 "Secretary" means the Illinois Secretary of State.
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