MINUTES

STATE AND LOCAL TAXATION SECTION COUNCIL

Friday, April 25, 2003

ISBA Chicago Regional Office

20 South Clark, Suite 900

Chicago, IL

 

I.          Call to Order - 12:00 noon

 

            Chair Jim Chipman convened the meeting of the SALT Section Council at 12:00 p.m.

 

II.         Administrative Matters

                       

                        A. Approval of minutes from prior meeting - March 14, 2003 (Exhibit A)

 

                        B.  Roster Review (Exhibit B)

 

The roster was reviewed and noted to be correct.  The following members were in attendance:

 


 

 

James W. Chipman, Chair

John Norris, Vice-Chair

John G. Locallo, Secretary

Timothy E. Moran, Ex-Officio

Katherine A. Amari

Patrice Ball-Reed

Adam E. Bosov

Louise M. Calvert                

Mary Ann Connelly

Mark R. Davis

Karen J. Dimond

Steven Kandelman

Frederic S. Lane

Julie A. Montgomery

Mary T. Nicolau

Dan O'Neill

Donald T. Rubin

William J. Seitz

Rodney C. Slutzky

Jacob A. Steinfink

John B. Truskowski

Hon. Alexander P. White

Mary Therese McDermott, Staff Liaison

Stanley R. Kaminski , Associate Editor

 

 


 

                                   

                        C.  Section Count (Exhibit C)

                       

                                    The section count was noted.

 

III.       Legislation

 

                        A. Update on General Assembly workings - Calvert


           

                                    1. Bills forwarded by Covington (Exhibit D)

 

Louise Calvert presented the following bills, which the Section Council voted on.

 

            To view the status of these bills, please go to www.isba.org (State & Local Taxation Section Council)(state and local tax links) under Illinois Legislative Information.

 

State and Local Tax Bills – Positions Taken at April 25, 2003 Meeting

 

HB89

 

VOTE: No Position

Synopsis As Introduced
Amends the State Finance Act and the Illinois State Collection Act of 1986. Requires that the Auditor General establish a Debt Collection Unit for the collection of overdue debts owed to the State. Authorizes the Auditor General to contract with private entities for the collection of debts. Beginning July 1, 2004, requires State agencies other than universities to determine the uncollectibility of debts using rules adopted by the Auditor General and to turn over to the Debt Collection Unit debts more than 90 days overdue. Exempts confidential debts owed to the Department of Revenue. Permits universities to use the Auditor General's rules and to turn debts over to the Debt Collection Unit. Requires that 10% of debts collected by the Debt Collection Unit be deposited into a special fund in the State treasury for payment of the Unit's administrative costs. Makes the Department of Public Aid's participation optional with regard to child support debt. Provides separate procedures for the deposit and use of collected child support. Requires the Auditor General to report semi-annually to the General Assembly and State Comptroller upon debts owed to the State and upon collection efforts. Abolishes in 2004 the Debt Collection Board, the Comptroller's use of special account receivable funds, and the use of private collection services by individual State agencies. Effective immediately.

House Amendment No. 1
Deletes everything. Reinserts House Bill 89 with the following changes: Places the Debt Collection Unit within the Department of Revenue and authorizes the Department to adopt emergency rules, on the basis of the budget crisis, for its administration. Authorizes the Unit, rather than individual agencies, to contract for legal services. Prohibits the renewal of legal service contracts entered before the bill's effective date, rather than before July 1, 2004. Repeals the Section creating the Debt Collection Board 30 days after the bill's effective date, rather than July 1, 2004, and requires the Board to furnish records and a status report to the Unit. A collected debt shall be used first for the collector's fee, then 5% to the Debt Collection Fund, then to the special fund or funds owed the debt, and any unidentifiable portion to the General Revenue Fund. Effective immediately.

 
House Amendment No. 2
Deletes everything. Reinserts the provisions of House Amendment No. 1 with the following changes: Renames the Debt Collection Unit as the Debt Collection Bureau and retains the Debt Collection Board for the administration of debt not otherwise referred to the Bureau as the State's primary debt collection entity. Exempts certain debts owed to the Department of Employment Security. Makes other changes. Effective immediately.

HB237

 

VOTE: Support

Synopsis As Introduced
Amends the Property Tax Code. In a provision requiring a county treasurer in a county with less than 3,000,000 inhabitants to distribute taxes collected within 30 days after the due date, provides that a county treasurer is not precluded from accepting advance tax payments for taxes not yet due. Effective immediately.

HB1489

 

VOTE: Support

Synopsis As Introduced
Amends the Property Tax Code. Provides that the collector shall collect $12 (now, $10) from the proceeds of each tax sale to cover the costs of registered or certified mailing and the costs of advertisement and publication with respect to the notice of judgment and sale. Effective immediately.

House Amendment No. 1
Provides that if a taxpayer pays the taxes on the property after the notice of the forthcoming application for judgement and sale is mailed but before the sale is made, then the collector shall collect $12 (now, $10) from the taxpayer to cover the costs of registered or certified mailing and the costs of advertisement and publication.

 
Further amends the Property Tax Code. Provides that, to be eligible to bid or receive a certificate of purchase at a scavenger sale, a person's application for certificate of purchase must affirm that the person has not either directly or through an agent twice during the same sale or the immediately preceding scavenger sale (now, during the same sale) failed to complete a purchase by the immediate payment of the minimum bid or the payment of the balance of a bid within the required time.

 

 

HB2186

 

VOTE: No Position

 

Synopsis As Introduced
Amends the Illinois Income Tax Act with respect to the earned income tax credit. Extends the 5% credit through taxable years beginning on or before December 31, 2004 (now, ends with taxable years ending on or before December 31, 2002). Increases the credit from 5% of the federal credit to 10% in 2005, 15% in 2006, and 20% in 2007 and thereafter. Beginning in 2005, requires the excess credit to be refunded to the taxpayer, but not counted in determining eligibility for means-tested benefits. Deletes the repeal of the credit. Exempts the credit from the sunset provisions of the Act. Effective immediately.

 
House Amendment No. 1
Removes the language increasing the credit to more than 5% of the federal credit over a period of years. Requires any excess credit to be refunded to the taxpayer beginning with taxable year 2004 (2005 in underlying bill).

HB2925

 

Bill “dead”; no vote taken

Synopsis As Introduced
Amends the Property Tax Code. Provides that the notice of sale and expiration of the period of redemption for property sold at a tax sale must be given to the interested parties by registered or certified mail. Effective immediately.

 

 

SB23

 

VOTE: Oppose

Synopsis As Introduced
Amends the State aid formula provisions of the School Code by increasing the foundation level of support, changing the amount of and how a supplemental general State aid grant is calculated, and providing that the supplementary grants in aid provisions are no longer applicable. Amends the State Aid Continuing Appropriation Law to make the Law applicable to fiscal year 2004 and each fiscal year thereafter and to provide for an irrevocable and continuing appropriation sufficient to fund general State aid and supplemental general State aid. Amends the School Code, the School Construction Law, and the Election Code to make changes concerning the reorganization of school districts, including the conduct of feasibility studies, the removal of a referendum requirement, the establishment of community unit school districts, and the provision of supplementary State aid, State funds for construction, and implementation grants. Amends the State Finance Act, the Illinois Income Tax Act, and the Property Tax Code. Beginning on July 1, 2003, increases income taxes and provides that two-thirds of the increased revenue shall be deposited into the School District Property Tax Relief Fund to fund property tax abatements and that one-third of the increased revenue shall be deposited into the Common School Fund. Provides a mechanism for property tax abatements and provides for a deduction (up to $1,200) for income tax purposes, for 5 years, equal to 15% of rent paid annually for a taxpayer's principal residence. Amends the School Code concerning certain categorical funding, including the establishment of several block grant programs and changes to the way State transportation reimbursement is calculated. Amends the School Code and the IMRF and Social Security Enabling Act Articles of the Illinois Pension Code to make changes concerning school districts other than the Chicago school district with respect to the purposes for which a district may levy taxes and the maximum rates of those taxes, a newly formed district's authority to levy taxes for certain purposes, interfund transfers, and working cash funds. Amends the State Mandates Act to require implementation without reimbursement. Effective July 1, 2003.

SB270

 

VOTE: Support

Synopsis As Introduced
Amends the Property Tax Code. Provides that in counties with 3,000,000 or more inhabitants, a tax objection complaint may be filed within 180 days (now, 75) after the first penalty date of the final tax installment. Provides that in counties with less than 3,000,000 inhabitants, a tax objection complaint may be filed within 120 days (now, 75) after the first penalty date of the final tax installment. Provides that a claim for a refund of taxes paid by a person who is not liable for the tax shall be made to the county collector or, if the collector is unable to determine whether the claim is proper or denies the claim, by petition to the circuit court (now, by complaint filed with the board of review). Provides that after a refund is allowed by the county collector, the assessor or the county clerk, or both, shall list and assess the property in the name of the corrected assessee of record (now, the board of review or board of appeals lists and assesses in the name of the correct owner). Provides that any unpaid tax resulting from a refund shall be added to the taxes on the property for a subsequent year. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Deletes everything after the enacting clause. Amends the Property Tax Code. Provides that in counties with 3,000,000 or more inhabitants, a tax objection complaint may be filed within 165 days (180 days in underlying bill, 75 days under current law) after the first penalty date of the final tax installment. Provides that in counties with less than 3,000,000 inhabitants, a tax objection complaint may be filed within 75 days (120 days in underlying bill, 75 days under current law) after the first penalty date of the final tax installment. Deletes changes concerning a claim for a refund of taxes paid by a person who is not liable for the tax. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

SB334

 

VOTE: No Position

Synopsis As Introduced
Amends the Property Tax Code with respect to the definition of "real property". Provides that "permanent foundation" means any structure or device that transfers the weight of any other structure to the earth. Amends the Mobile Home Local Services Tax Act. Provides that "mobile home" means, in part, a factory assembled structure designed for permanent habitation and so constructed as to permit placement on a temporary foundation consisting of its wheels and leveling devices (now, no description of the temporary foundation). Provides that all such structures that are not placed on a temporary foundation consisting of wheels and leveling devices shall be construed to rest in whole on a permanent foundation and shall be taxed as real property (now, any such structure resting in whole on a permanent foundation, with wheels, tongue, and hitch removed shall be taxed as real property). Removes the exemption from the tax for mobile homes located on a dealer's lot as an office. Effective immediately.

Senate Committee Amendment No. 1
Provides that dwelling units located in locally organized mobile home parks shall be considered to be situated on a temporary foundation. Provides that no property lawfully assessed and taxed as personal property prior to January 1, 1979, or property of like kind acquired or placed in use after January 1, 1979, shall be classified as real property subject to assessment and taxation.

 
Senate Floor Amendment No. 4

Deletes everything after the enacting clause. Creates the Manufactured Home Installation Act. Provides that a manufactured home installed on private property that is not a mobile home park on or after the effective date of this Act must be installed so that it rests wholly on a permanent foundation. Provides that the permanent foundation must meet or exceed the requirements for a permanent foundation as defined in the Act. Effective immediately.

SB362

 

VOTE: No Position

Synopsis As Introduced
Amends the Illinois Income Tax Act. Provides that, for taxable years beginning on or after January 1, 2003, moneys contributed during the taxable year by the taxpayer for the purchase of an Illinois prepaid tuition contract, excluding moneys rolled over from another qualified tuition program account, may be deducted from the taxpayer's federal adjusted gross income in arriving at base income for Illinois income tax purposes. Exempts the deduction from the sunset provisions of the Act. Amends the Illinois Prepaid Tuition Act to include a reference to the deduction. Effective immediately.

Senate Floor Amendment No. 1
Removes the exemption from the sunset requirements of the Act for the deduction and instead provides that the deduction applies to taxable years beginning on or after January 1, 2003 and on or before December 31, 2007. Makes a corresponding change in the Illinois Prepaid Tuition Act.

SB466

 

VOTE: No Position

Synopsis As Introduced
Amends the Property Tax Code. Includes disabled persons within the provisions granting an assessment freeze homestead exemption to senior citizens. Changes the name to the Senior Citizens and Disabled Persons Assessment Freeze Homestead Exemption (now Senior Citizens Assessment Freeze Homestead Exemption). Makes corresponding changes to a cross-reference to the exemption. Amends the States Mandates Act to require implementation without reimbursement. Effective immediately.

Senate Committee Amendment No. 1
Makes changes in the definition of "disabled person".

SB529

 

VOTE: Support

Synopsis As Introduced
Amends the Illinois Income Tax Act. Removes a provision that requires a taxpayer to add to federal adjusted gross income, to arrive at base income for Illinois income tax purposes, distributions from a qualified tuition program under Section 529 of the Internal Revenue Code other than distributions from the College Savings Pool or the Illinois Prepaid Tuition Program to the extent those distributions were excluded from income in arriving at federal adjusted gross income. Amends the State Treasurer Act and further amends the Illinois Income Tax Act to allow an income tax deduction for moneys contributed in the taxable year to the College Savings Pool, the Illinois Prepaid Tuition Program, or to any other qualified tuition program under Section 529 of the Internal Revenue Code (now, deduction limited to College Savings Pool contributions). Effective immediately.

 

 Senate Floor Amendment No. 1
Further amends the State Treasurer Act. With respect to the College Savings Pool, removes language providing that contributions to the College Savings Pool shall not be considered by the Illinois Student Assistance Commission, the State, or any agency thereof in awarding student financial aid.

SB606

 

VOTE: No Position

Synopsis As Introduced
Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that "new property" means, for real property in Cook County classified as property eligible for property tax incentives (any of Classes 6 through 9) or that was so classified in the immediately preceding levy year, any increase in the assessed value of that property for the levy year attributable to a reduction or the elimination of the incentive. Effective immediately.

Senate Committee Amendment No. 1
Replaces the definition of "new property" with respect to certain incentive property with a provision saying that, in addition to its other meanings, "new property" means, in counties that classify in accordance with Section 4 of Article IX of the Illinois Constitution, an incentive property's additional assessed value resulting from a scheduled increase in the level of assessment as applied to the first year final board of review market value.

SB607

 

VOTE: No Position

Synopsis As Introduced
Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailer's Occupation Tax Act. Provides that 0.4% of the net revenues realized for the preceding month from the State's portion of the general rate of tax imposed under the Acts shall be paid by the Department of Revenue into the Local Government Distributive Fund (reverting to the distribution in place prior to State fiscal year 2003). Effective July 1, 2003.

Senate Floor Amendment No. 1
Provides that the payment by the Department of Revenue into the Local Government Distributive Fund is subject to appropriation.

SB615

 

VOTE: Oppose

Synopsis As Introduced
Amends the Property Tax Code with respect to counties with 3,000,000 or more inhabitants. Provides that, in years other than years of a general assessment or reassessment, publication of the list of individual assessment changes shall not be required with respect to changes resulting from application by the county assessor of a factor to all assessments in a particular major class in any township or assessment district within the county, in which case the list shall include a general statement on the matter and shall set forth the percentage of increase or decrease represented by the factor. In provisions requiring notice by mail to the taxpayer if a revision by the county assessor increases the assessment, requires instead a notice by publication if the revision causes a change in all assessments in a particular major class in any township or assessment district within the county. Effective immediately.

Senate Floor Amendment No. 1

Deletes everything after the enacting clause. Amends the Property Tax Code. In provisions requiring notice by mail to the taxpayer in counties with 3,000,000 or more inhabitants if a revision by the county assessor increases the assessment, provides that if the revision by the county assessor causes a change in all assessments in a particular major class of property in any township or assessment district within the county, the notice shall include a general statement indicating that all assessments in a particular major class in the township or assessment district have been changed because of an application of a factor and shall state the factor.

SB620

 

(Vote was taken at March meeting)

Synopsis As Introduced
Amends the Property Tax Code. Provides that, in counties with 3,000,000 or more inhabitants, beginning with assessments made for the 1997 assessment year and ending with assessments made for the 2002 assessment year, in addition to the appeals for residential property of 6 units or less, the Property Tax Appeal Board shall hear appeals for all other property (now, there is no end date for when PTAB will hear appeals for property other than residential property of 6 units or less). Effective immediately.

SB631

 

VOTE: No Position

Synopsis As Introduced
Amends the Use Tax Act, Service Use Tax Act, Service Occupation Tax Act, and Retailers' Occupation Tax Act. Includes Internet sales within the Act's provisions.

Senate Committee Amendment No. 1
Deletes everything after the enacting clause. Amends the Retailers' Occupation Tax Act. Makes a technical change in the short title Section.

SB813

 

VOTE: Oppose

Synopsis As Introduced
Amends the Property Tax Code. Provides that if a taxpayer receives a tax bill for any property or portion of property that was omitted for 2 or more years from assessment, the tax bill for the omitted property must be paid within 16 months after the date the taxpayer receives the tax bill and that no interest may be imposed on the tax bill for the omitted property during that 16-month period. Provides that, after the 16-month period, interest shall be charged as with all other delinquent tax bills. Effective immediately.

Senate Committee Amendment No. 1
Deletes everything after the enacting clause. Provides that if a taxpayer receives a tax bill for any property or portion of property that was omitted for 2 or more years from assessment as a result of a ministerial error, the tax bill for the omitted property must be paid within 16 months after the date the taxpayer receives the tax bill. No interest may be imposed on the tax bill for the omitted property during that 16-month period. Provides that any arrearage that remains unpaid after the 16-month period ends, with 10% interest on the arrearage for each year or portion of a year from the date the taxpayer received the tax bill, shall be charged against the property by the county clerk and that, after the 16-month period ends, interest shall accrue on any remaining arrearage and interest owed on that arrearage as with all other delinquent tax bills. Effective immediately.

SB1049

 

VOTE: Oppose

Synopsis As Introduced
Amends the Property Tax Extension Limitation Law in the Property Tax Code. Exempts from the extension limitation those extensions made for contributions to the Illinois Municipal Retirement Fund and that part of any extension made for Medicare and FICA coverage.

 

 Senate Floor Amendment No. 1
Provides that this exemption from the extension limitation applies only to school districts.

SB1373

 

VOTE: No Position

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Provides that upon leave of court, in any case in which the defendant is charged with the offense of first degree murder and the prosecution seeks the death penalty, or in a first degree murder case in which a term of natural life imprisonment is the only sentence allowed under the law following the defendant's conviction, any party may take the testimony, upon oral examination, of: (1) any person other than a law enforcement officer, victim, or family member who is identified as, or believed to be, an eyewitness to the occurrence that is the subject of the prosecution; (2) any person whom either party intends to call at trial regarding incriminating statements made by the accused to persons other than a law enforcement officer or prosecutor; and (3) any person identified as, or believed to be, an alibi witness. Applies to actions initiated on or after the effective date of this amendatory Act.

House Amendment No. 1
Deletes all. Amends the Code of Criminal Procedure of 1963. Establishes procedures for taking discovery depositions in capital cases and in cases in which the defendant may receive a term of natural life imprisonment as a consequence of conviction.

SB1461

 

VOTE: No Position

Synopsis As Introduced
Amends the Commercial and Public Building Asbestos Abatement Act. Requires licensure for persons acting as consultants. Exempts from licensure as a consultant an employee of a local education agency who is that local education agency's designated person. Effective immediately.

House Amendment No. 1

Replaces everything after the enacting clause. Amends the Commercial and Public Building Asbestos Abatement Act. Makes technical changes to a Section concerning the consistency of the rules with federal law.

SB1498

 

VOTE: Support

Synopsis As Introduced
Amends the Property Tax Code. Provides that, notwithstanding any other provision of the Code, if a school district adopts, in a fiscal year, an additional or supplemental budget as a result of the voters in the school district having voted in favor of an increase in the annual tax rate for educational or operations and maintenance purposes or both at an election held after the adoption of the annual school budget adopted in that fiscal year, the county clerk shall include, in the extension of taxes made during that fiscal year, the extension of taxes for the supplemental or additional budget adopted by the school district.

SB1499

 

VOTE: Oppose

Synopsis As Introduced
Creates the Taxing District Tax Levy Validation (2003) Act to validate certain annual appropriation ordinances and tax levy ordinances adopted by taxing districts from 1989 through 2002 together with the taxes assessed, levied, and extended thereon. Amends the Property Tax Code. Allows (now requires) a taxing district to adopt a resolution or ordinance to reduce its tax levy if the district receives a surplus of funds under the State Revenue Sharing Act. Provides that, for the purposes of tax objections based on budget or appropriation ordinances, "municipality" means all municipal corporations in, and political subdivisions of, this State (now, excepts out from this definition a number of units of local government) and eliminates a basis on which a taxpayer may file an objection under these provisions. Applies these changes retroactively. Amends the Illinois Municipal Code to authorize the recovery of costs and attorney fees incurred by a prevailing taxpayer who brings suit on behalf of a municipality to recover certain money or property belonging to the municipality. Effective immediately.

SB1864

 

VOTE: Oppose

Synopsis As Introduced
Amends the Property Tax Code. Provides that the penalty that must be paid to redeem property sold at a tax sale includes (i) a fee of $100 (now, $35) if a petition for tax deed has been filed; (ii) a fee of $10 (now, $4) if a notice of sale and redemption rights has been filed; and (iii) up to $125 paid for costs of title insurance and to identify and locate owners and interested parties to the subject real estate. Provides that the purchaser or his or her assignee shall give the notice of expiration of the period of redemption for property sold at a tax sale by, in addition to other requirements, causing the notice to be served by a process server or sheriff (now, a sheriff). Effective January 1, 2004.

Senate Floor Amendment No. 1
Changes the amount of the fee required to be paid to redeem property sold at a tax sale if a petition for tax deed has been filed on the property to $75 ($100 in underlying bill, $35 under current law). Changes the amount of the fee required to be paid to redeem property sold at a tax sale to include up to $75 ($125 in underlying bill, no fee under current law) for costs of title insurance and to identify and locate owners and interested parties to the subject real estate.

Senate Floor Amendment No. 2
Changes the component of the redemption fee for title insurance to a fee for title search and provides that the fee may be charged only if a copy of the results of the title search is provided upon request.

SB1881

 

VOTE: No Position

Synopsis As Introduced
Amends the Property Tax Extension Limitation Law in the Property Tax Code. In each of the definitions of "aggregate extension" excludes extensions made to fund the district's expenses to provide joint recreational programs for the handicapped under the Park District Code and the Illinois Municipal Code. Effective immediately.

Senate Committee Amendment No. 1

Amends the Chicago Park District Act. Provides that the Chicago Park District is authorized to establish, maintain, and manage recreational programs for the handicapped, including both mentally and physically handicapped. Authorizes the Chicago Park District to levy and collect annually a tax of not to exceed .04% of the value, as equalized or assessed by the Department of Revenue, of all taxable property in the district for the purpose of funding the district's expenses of providing these programs. Further amends the Property Tax Extension Limitation Law in the Property Tax Code to exempt the special purpose extension for these recreational programs for the handicapped from the extension limitation imposed by the Law. Effective immediately.

SB1883

 

VOTE: Oppose

Synopsis As Introduced
Amends the Real Estate Transfer Tax Law in the Property Tax Code. Provides that the tax is also imposed on the privilege of transferring a controlling interest in a real estate entity. Imposes the tax whether or not a document is recorded. Amends the Illinois Municipal Code and the Counties Code with respect to home rule real estate transfer taxes. Provides that those taxes may be imposed or increased by referendum to the same extent as the State tax. Amends the Stock, Commodity, or Options Transactions Tax Exemption Act. Provides that nothing in the Act shall be construed to prohibit or otherwise invalidate any real estate transfer tax or fee authorized or permitted by law. Effective immediately.

Senate Committee Amendment No. 1

Changes the definition of "real estate entity" to remove a provision limiting the definition to real property located in Illinois. Adds that the State-imposed real estate transfer tax is due if the transfer involves one or more persons or entities. Allows an exemption from the State-imposed real estate transfer tax to the extent of the corporate franchise tax imposed under the Business Corporation Act of 1983 and paid by the real estate entity as a result of the transfer.

 

 Senate Floor Amendment No. 2
Deletes everything after the enacting clause. Reinserts the provisions of the bill as introduced along with the provisions of Senate Amendment No. 1, with changes as follows. In the Real Estate Transfer Tax Law in the Property Tax Code, removes language defining "controlling interest" to include the right of one or of several persons to receive, at the time of distribution, 50% or more of the income or profits of a real estate entity. In provisions imposing a real estate transfer tax in the Property Tax Code, the Counties Code, and the Illinois Municipal Code, provides that the tax is imposed on the privilege of transferring a beneficial interest in real property (now, imposed on the privilege of transferring a beneficial interest in real property that is the subject of a land trust). Defines "beneficial interest". Further amends the Stock, Commodity, or Options Transaction Tax Exemption Act to provide that the new language providing that nothing in the Act shall be construed to prohibit or invalidate a real estate transfer tax or fee otherwise authorized is intended as a clarification and not as a change to existing law. Further amends the Counties Code and the Illinois Municipal Code to provide that any real estate transfer taxes that were imposed by a county or municipality at any time prior to the effective date of this amendatory Act are specifically authorized, permitted, and validated. Makes other changes. Effective immediately.

           

 

                        B.  Legislation proposals - Mills (Exhibit E)

 

                                    No report.

 

IV.       Newsletter – Landmeier, Connelly, Kaminski

 

Mary Ann Connelly announced that as of today, the section council has produced 11 newsletters.  Only one other ISBA section counsel has achieved this.  Mary Ann encouraged us to continue to write more articles.

                                   

V.        Continuing Legal Education (Exhibit F)

 

Tim Moran reported that the subcommittee would soon submit the seminar proposal to the ISBA CLE.

 

VI.       Standing Subcommittee Reports

 

                        A.  PTAB/Cook County Board of Review - Rubin (Chair)

 

Don Rubin stated that the subcommittee has been working on several discovery changes, pending Senate Bill 620.

            B. Case Law - White (Chair)

 

B.  Judge White discussed the following cases, which can be found at the State and Local Taxation Section Council web site under the heading Recent State and Local Taxation Decisions at www.isba.org.

 

                        Arangold Corporation v. DOR

                        Balmoral Racing Club, Inc. v. Topinka, Treasurer

                        Com Ed. v. DOR

                        Mead Corporation v. DOR

                        Kendall County Bd. Of Review v. Ill. Property Tax Appeal Board

                        Kankakee County Bd. Of Review v. Ill. Property Tax Appeal Board

 

                        C. Membership - Battista (Chair)

 

                                    No report.

 

 

                        D. Unauthorized practice of law- Norris (Chair)

 

John Norris stated that the subcommittee is continuing to collect evidence of the unauthorized practice of law to refer to the ISBA task force.  John also reported that the Chicago Bar Association could possibly join us in these efforts. 

 

                        E. Exemption Streamlining - Davis (Chair)

 

                                    No report.

 

                        F. Treasurer's Issues - Seitz (Chair)

 

            Bill Seitz reported that the subcommittee met last month addressing the treasurer's initiative regarding the scavenger sale.

                       

 

                        G. Strategic Planning - Moran (Chair)

 

1. Real Estate Taxation Seminar update.

 

                                                See V. Above.

 

                        H. Web site Development - Connelly (Chair)

 

Mary Ann Connelly stated that the cases discussed by Judge White are now on the web site.

 

VII.      Liaison Reports

 

                        A. Administrative Code Recodification - White (Chair), Montgomery, Calvert

 

No report.

 

                        B. Civil Practice Section Council - Davis

 

No report.

 

                        C. Local Government Liaison - Nicolau

                       

                                    No report.

 

                        D. ISBA Bar News - Norris