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Public Act 104-0452 |
| SB0642 Enrolled | LRB104 06920 RTM 16956 b |
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AN ACT concerning local government. |
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly: |
Section 5. The Illinois Municipal Code is amended by |
changing Section 11-74.4-3.5 as follows: |
(65 ILCS 5/11-74.4-3.5) |
Sec. 11-74.4-3.5. Completion dates for redevelopment |
projects. |
(a) Unless otherwise stated in this Section, the estimated |
dates of completion of the redevelopment project and |
retirement of obligations issued to finance redevelopment |
project costs (including refunding bonds under Section |
11-74.4-7) may not be later than December 31 of the year in |
which the payment to the municipal treasurer, as provided in |
subsection (b) of Section 11-74.4-8 of this Act, is to be made |
with respect to ad valorem taxes levied in the 23rd calendar |
year after the year in which the ordinance approving the |
redevelopment project area was adopted if the ordinance was |
adopted on or after January 15, 1981. |
(a-5) If the redevelopment project area is located within |
a transit facility improvement area established pursuant to |
Section 11-74.4-3, the estimated dates of completion of the |
redevelopment project and retirement of obligations issued to |
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finance redevelopment project costs (including refunding bonds |
under Section 11-74.4-7) may not be later than December 31 of |
the year in which the payment to the municipal treasurer, as |
provided in subsection (b) of Section 11-74.4-8 of this Act, |
is to be made with respect to ad valorem taxes levied in the |
35th calendar year after the year in which the ordinance |
approving the redevelopment project area was adopted. |
(a-7) A municipality may adopt tax increment financing for |
a redevelopment project area located in a transit facility |
improvement area that also includes real property located |
within an existing redevelopment project area established |
prior to August 12, 2016 (the effective date of Public Act |
99-792). In such case: (i) the provisions of this Division |
shall apply with respect to the previously established |
redevelopment project area until the municipality adopts, as |
required in accordance with applicable provisions of this |
Division, an ordinance dissolving the special tax allocation |
fund for such redevelopment project area and terminating the |
designation of such redevelopment project area as a |
redevelopment project area; and (ii) after the effective date |
of the ordinance described in (i), the provisions of this |
Division shall apply with respect to the subsequently |
established redevelopment project area located in a transit |
facility improvement area. |
(b) The estimated dates of completion of the redevelopment |
project and retirement of obligations issued to finance |
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redevelopment project costs (including refunding bonds under |
Section 11-74.4-7) may not be later than December 31 of the |
year in which the payment to the municipal treasurer as |
provided in subsection (b) of Section 11-74.4-8 of this Act is |
to be made with respect to ad valorem taxes levied in the 32nd |
calendar year after the year in which the ordinance approving |
the redevelopment project area was adopted if the ordinance |
was adopted on September 9, 1999 by the Village of Downs. |
The estimated dates of completion of the redevelopment |
project and retirement of obligations issued to finance |
redevelopment project costs (including refunding bonds under |
Section 11-74.4-7) may not be later than December 31 of the |
year in which the payment to the municipal treasurer as |
provided in subsection (b) of Section 11-74.4-8 of this Act is |
to be made with respect to ad valorem taxes levied in the 33rd |
calendar year after the year in which the ordinance approving |
the redevelopment project area was adopted if the ordinance |
was adopted on May 20, 1985 by the Village of Wheeling. |
The estimated dates of completion of the redevelopment |
project and retirement of obligations issued to finance |
redevelopment project costs (including refunding bonds under |
Section 11-74.4-7) may not be later than December 31 of the |
year in which the payment to the municipal treasurer as |
provided in subsection (b) of Section 11-74.4-8 of this Act is |
to be made with respect to ad valorem taxes levied in the 28th |
calendar year after the year in which the ordinance approving |
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the redevelopment project area was adopted if the ordinance |
was adopted on October 12, 1989 by the City of Lawrenceville. |
(b-5) The estimated dates of completion of the |
redevelopment project and retirement of obligations issued to |
finance redevelopment project costs (including refunding bonds |
under Section 11-74.4-7) may not be later than December 31 of |
the year in which the payment to the municipal treasurer as |
provided in subsection (b) of Section 11-74.4-8 of this Act is |
to be made with respect to ad valorem taxes levied in the 32nd |
calendar year after the year in which the ordinance approving |
the redevelopment project area was adopted if the ordinance |
was adopted on April 19, 2004 by the Village of Tremont. |
(c) The estimated dates of completion of the redevelopment |
project and retirement of obligations issued to finance |
redevelopment project costs (including refunding bonds under |
Section 11-74.4-7) may not be later than December 31 of the |
year in which the payment to the municipal treasurer as |
provided in subsection (b) of Section 11-74.4-8 of this Act is |
to be made with respect to ad valorem taxes levied in the 35th |
calendar year after the year in which the ordinance approving |
the redevelopment project area was adopted: |
(1) If the ordinance was adopted before January 15, |
1981. |
(2) If the ordinance was adopted in December 1983, |
April 1984, July 1985, or December 1989. |
(3) If the ordinance was adopted in December 1987 and |
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the redevelopment project is located within one mile of |
Midway Airport. |
(4) If the ordinance was adopted before January 1, |
1987 by a municipality in Mason County. |
(5) If the municipality is subject to the Local |
Government Financial Planning and Supervision Act or the |
Financially Distressed City Law. |
(6) If the ordinance was adopted in December 1984 by |
the Village of Rosemont. |
(7) If the ordinance was adopted on December 31, 1986 |
by a municipality located in Clinton County for which at |
least $250,000 of tax increment bonds were authorized on |
June 17, 1997, or if the ordinance was adopted on December |
31, 1986 by a municipality with a population in 1990 of |
less than 3,600 that is located in a county with a |
population in 1990 of less than 34,000 and for which at |
least $250,000 of tax increment bonds were authorized on |
June 17, 1997. |
(8) If the ordinance was adopted on October 5, 1982 by |
the City of Kankakee, or if the ordinance was adopted on |
December 29, 1986 by East St. Louis. |
(9) If the ordinance was adopted on November 12, 1991 |
by the Village of Sauget. |
(10) If the ordinance was adopted on February 11, 1985 |
by the City of Rock Island. |
(11) If the ordinance was adopted before December 18, |
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1986 by the City of Moline. |
(12) If the ordinance was adopted in September 1988 by |
Sauk Village. |
(13) If the ordinance was adopted in October 1993 by |
Sauk Village. |
(14) If the ordinance was adopted on December 29, 1986 |
by the City of Galva. |
(15) If the ordinance was adopted in March 1991 by the |
City of Centreville. |
(16) If the ordinance was adopted on January 23, 1991 |
by the City of East St. Louis. |
(17) If the ordinance was adopted on December 22, 1986 |
by the City of Aledo. |
(18) If the ordinance was adopted on February 5, 1990 |
by the City of Clinton. |
(19) If the ordinance was adopted on September 6, 1994 |
by the City of Freeport. |
(20) If the ordinance was adopted on December 22, 1986 |
by the City of Tuscola. |
(21) If the ordinance was adopted on December 23, 1986 |
by the City of Sparta. |
(22) If the ordinance was adopted on December 23, 1986 |
by the City of Beardstown. |
(23) If the ordinance was adopted on April 27, 1981, |
October 21, 1985, or December 30, 1986 by the City of |
Belleville. |
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(24) If the ordinance was adopted on December 29, 1986 |
by the City of Collinsville. |
(25) If the ordinance was adopted on September 14, |
1994 by the City of Alton. |
(26) If the ordinance was adopted on November 11, 1996 |
by the City of Lexington. |
(27) If the ordinance was adopted on November 5, 1984 |
by the City of LeRoy. |
(28) If the ordinance was adopted on April 3, 1991 or |
June 3, 1992 by the City of Markham. |
(29) If the ordinance was adopted on November 11, 1986 |
by the City of Pekin. |
(30) If the ordinance was adopted on December 15, 1981 |
by the City of Champaign. |
(31) If the ordinance was adopted on December 15, 1986 |
by the City of Urbana. |
(32) If the ordinance was adopted on December 15, 1986 |
by the Village of Heyworth. |
(33) If the ordinance was adopted on February 24, 1992 |
by the Village of Heyworth. |
(34) If the ordinance was adopted on March 16, 1995 by |
the Village of Heyworth. |
(35) If the ordinance was adopted on December 23, 1986 |
by the Town of Cicero. |
(36) If the ordinance was adopted on December 30, 1986 |
by the City of Effingham. |
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(37) If the ordinance was adopted on May 9, 1991 by the |
Village of Tilton. |
(38) If the ordinance was adopted on October 20, 1986 |
by the City of Elmhurst. |
(39) If the ordinance was adopted on January 19, 1988 |
by the City of Waukegan. |
(40) If the ordinance was adopted on September 21, |
1998 by the City of Waukegan. |
(41) If the ordinance was adopted on December 31, 1986 |
by the City of Sullivan. |
(42) If the ordinance was adopted on December 23, 1991 |
by the City of Sullivan. |
(43) If the ordinance was adopted on December 31, 1986 |
by the City of Oglesby. |
(44) If the ordinance was adopted on July 28, 1987 by |
the City of Marion. |
(45) If the ordinance was adopted on April 23, 1990 by |
the City of Marion. |
(46) If the ordinance was adopted on August 20, 1985 |
by the Village of Mount Prospect. |
(47) If the ordinance was adopted on February 2, 1998 |
by the Village of Woodhull. |
(48) If the ordinance was adopted on April 20, 1993 by |
the Village of Princeville. |
(49) If the ordinance was adopted on July 1, 1986 by |
the City of Granite City. |
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(50) If the ordinance was adopted on February 2, 1989 |
by the Village of Lombard. |
(51) If the ordinance was adopted on December 29, 1986 |
by the Village of Gardner. |
(52) If the ordinance was adopted on July 14, 1999 by |
the Village of Paw Paw. |
(53) If the ordinance was adopted on November 17, 1986 |
by the Village of Franklin Park. |
(54) If the ordinance was adopted on November 20, 1989 |
by the Village of South Holland. |
(55) If the ordinance was adopted on July 14, 1992 by |
the Village of Riverdale. |
(56) If the ordinance was adopted on December 29, 1986 |
by the City of Galesburg. |
(57) If the ordinance was adopted on April 1, 1985 by |
the City of Galesburg. |
(58) If the ordinance was adopted on May 21, 1990 by |
the City of West Chicago. |
(59) If the ordinance was adopted on December 16, 1986 |
by the City of Oak Forest. |
(60) If the ordinance was adopted in 1999 by the City |
of Villa Grove. |
(61) If the ordinance was adopted on January 13, 1987 |
by the Village of Mt. Zion. |
(62) If the ordinance was adopted on December 30, 1986 |
by the Village of Manteno. |
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(63) If the ordinance was adopted on April 3, 1989 by |
the City of Chicago Heights. |
(64) If the ordinance was adopted on January 6, 1999 |
by the Village of Rosemont. |
(65) If the ordinance was adopted on December 19, 2000 |
by the Village of Stone Park. |
(66) If the ordinance was adopted on December 22, 1986 |
by the City of DeKalb. |
(67) If the ordinance was adopted on December 2, 1986 |
by the City of Aurora. |
(68) If the ordinance was adopted on December 31, 1986 |
by the Village of Milan. |
(69) If the ordinance was adopted on September 8, 1994 |
by the City of West Frankfort. |
(70) If the ordinance was adopted on December 23, 1986 |
by the Village of Libertyville. |
(71) If the ordinance was adopted on December 22, 1986 |
by the Village of Hoffman Estates. |
(72) If the ordinance was adopted on September 17, |
1986 by the Village of Sherman. |
(73) If the ordinance was adopted on December 16, 1986 |
by the City of Macomb. |
(74) If the ordinance was adopted on June 11, 2002 by |
the City of East Peoria to create the West Washington |
Street TIF. |
(75) If the ordinance was adopted on June 11, 2002 by |
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the City of East Peoria to create the Camp Street TIF. |
(76) If the ordinance was adopted on August 7, 2000 by |
the City of Des Plaines. |
(77) If the ordinance was adopted on December 22, 1986 |
by the City of Washington to create the Washington Square |
TIF #2. |
(78) If the ordinance was adopted on December 29, 1986 |
by the City of Morris. |
(79) If the ordinance was adopted on July 6, 1998 by |
the Village of Steeleville. |
(80) If the ordinance was adopted on December 29, 1986 |
by the City of Pontiac to create TIF I (the Main St TIF). |
(81) If the ordinance was adopted on December 29, 1986 |
by the City of Pontiac to create TIF II (the Interstate |
TIF). |
(82) If the ordinance was adopted on November 6, 2002 |
by the City of Chicago to create the Madden/Wells TIF |
District. |
(83) If the ordinance was adopted on November 4, 1998 |
by the City of Chicago to create the Roosevelt/Racine TIF |
District. |
(84) If the ordinance was adopted on June 10, 1998 by |
the City of Chicago to create the Stony Island |
Commercial/Burnside Industrial Corridors TIF District. |
(85) If the ordinance was adopted on November 29, 1989 |
by the City of Chicago to create the Englewood Mall TIF |
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District. |
(86) If the ordinance was adopted on December 27, 1986 |
by the City of Mendota. |
(87) If the ordinance was adopted on December 31, 1986 |
by the Village of Cahokia. |
(88) If the ordinance was adopted on September 20, |
1999 by the City of Belleville. |
(89) If the ordinance was adopted on December 30, 1986 |
by the Village of Bellevue to create the Bellevue TIF |
District 1. |
(90) If the ordinance was adopted on December 13, 1993 |
by the Village of Crete. |
(91) If the ordinance was adopted on February 12, 2001 |
by the Village of Crete. |
(92) If the ordinance was adopted on April 23, 2001 by |
the Village of Crete. |
(93) If the ordinance was adopted on December 16, 1986 |
by the City of Champaign. |
(94) If the ordinance was adopted on December 20, 1986 |
by the City of Charleston. |
(95) If the ordinance was adopted on June 6, 1989 by |
the Village of Romeoville. |
(96) If the ordinance was adopted on October 14, 1993 |
and amended on August 2, 2010 by the City of Venice. |
(97) If the ordinance was adopted on June 1, 1994 by |
the City of Markham. |
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(98) If the ordinance was adopted on May 19, 1998 by |
the Village of Bensenville. |
(99) If the ordinance was adopted on November 12, 1987 |
by the City of Dixon. |
(100) If the ordinance was adopted on December 20, |
1988 by the Village of Lansing. |
(101) If the ordinance was adopted on October 27, 1998 |
by the City of Moline. |
(102) If the ordinance was adopted on May 21, 1991 by |
the Village of Glenwood. |
(103) If the ordinance was adopted on January 28, 1992 |
by the City of East Peoria. |
(104) If the ordinance was adopted on December 14, |
1998 by the City of Carlyle. |
(105) If the ordinance was adopted on May 17, 2000, as |
subsequently amended, by the City of Chicago to create the |
Midwest Redevelopment TIF District. |
(106) If the ordinance was adopted on September 13, |
1989 by the City of Chicago to create the Michigan/Cermak |
Area TIF District. |
(107) If the ordinance was adopted on March 30, 1992 |
by the Village of Ohio. |
(108) If the ordinance was adopted on July 6, 1998 by |
the Village of Orangeville. |
(109) If the ordinance was adopted on December 16, |
1997 by the Village of Germantown. |
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(110) If the ordinance was adopted on April 28, 2003 |
by Gibson City. |
(111) If the ordinance was adopted on December 18, |
1990 by the Village of Washington Park, but only after the |
Village of Washington Park becomes compliant with the |
reporting requirements under subsection (d) of Section |
11-74.4-5, and after the State Comptroller's certification |
of such compliance. |
(112) If the ordinance was adopted on February 28, |
2000 by the City of Harvey. |
(113) If the ordinance was adopted on January 11, 1991 |
by the City of Chicago to create the Read/Dunning TIF |
District. |
(114) If the ordinance was adopted on July 24, 1991 by |
the City of Chicago to create the Sanitary and Ship Canal |
TIF District. |
(115) If the ordinance was adopted on December 4, 2007 |
by the City of Naperville. |
(116) If the ordinance was adopted on July 1, 2002 by |
the Village of Arlington Heights. |
(117) If the ordinance was adopted on February 11, |
1991 by the Village of Machesney Park. |
(118) If the ordinance was adopted on December 29, |
1993 by the City of Ottawa. |
(119) If the ordinance was adopted on June 4, 1991 by |
the Village of Lansing. |
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(120) If the ordinance was adopted on February 10, |
2004 by the Village of Fox Lake. |
(121) If the ordinance was adopted on December 22, |
1992 by the City of Fairfield. |
(122) If the ordinance was adopted on February 10, |
1992 by the City of Mt. Sterling. |
(123) If the ordinance was adopted on March 15, 2004 |
by the City of Batavia. |
(124) If the ordinance was adopted on March 18, 2002 |
by the Village of Lake Zurich. |
(125) If the ordinance was adopted on September 23, |
1997 by the City of Granite City. |
(126) If the ordinance was adopted on May 8, 2013 by |
the Village of Rosemont to create the Higgins Road/River |
Road TIF District No. 6. |
(127) If the ordinance was adopted on November 22, |
1993 by the City of Arcola. |
(128) If the ordinance was adopted on September 7, |
2004 by the City of Arcola. |
(129) If the ordinance was adopted on November 29, |
1999 by the City of Paris. |
(130) If the ordinance was adopted on September 20, |
1994 by the City of Ottawa to create the U.S. Route 6 East |
Ottawa TIF. |
(131) If the ordinance was adopted on May 2, 2002 by |
the Village of Crestwood. |
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(132) If the ordinance was adopted on October 27, 1992 |
by the City of Blue Island. |
(133) If the ordinance was adopted on December 23, |
1993 by the City of Lacon. |
(134) If the ordinance was adopted on May 4, 1998 by |
the Village of Bradford. |
(135) If the ordinance was adopted on June 11, 2002 by |
the City of Oak Forest. |
(136) If the ordinance was adopted on November 16, |
1992 by the City of Pinckneyville. |
(137) If the ordinance was adopted on March 1, 2001 by |
the Village of South Jacksonville. |
(138) If the ordinance was adopted on February 26, |
1992 by the City of Chicago to create the Stockyards |
Southeast Quadrant TIF District. |
(139) If the ordinance was adopted on January 25, 1993 |
by the City of LaSalle. |
(140) If the ordinance was adopted on December 23, |
1997 by the Village of Dieterich. |
(141) If the ordinance was adopted on February 10, |
2016 by the Village of Rosemont to create the |
Balmoral/Pearl TIF No. 8 Tax Increment Financing |
Redevelopment Project Area. |
(142) If the ordinance was adopted on June 11, 2002 by |
the City of Oak Forest. |
(143) If the ordinance was adopted on January 31, 1995 |
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by the Village of Milledgeville. |
(144) If the ordinance was adopted on February 5, 1996 |
by the Village of Pearl City. |
(145) If the ordinance was adopted on December 21, |
1994 by the City of Calumet City. |
(146) If the ordinance was adopted on May 5, 2003 by |
the Town of Normal. |
(147) If the ordinance was adopted on June 2, 1998 by |
the City of Litchfield. |
(148) If the ordinance was adopted on October 23, 1995 |
by the City of Marion. |
(149) If the ordinance was adopted on May 24, 2001 by |
the Village of Hanover Park. |
(150) If the ordinance was adopted on May 30, 1995 by |
the Village of Dalzell. |
(151) If the ordinance was adopted on April 15, 1997 |
by the City of Edwardsville. |
(152) If the ordinance was adopted on September 5, |
1995 by the City of Granite City. |
(153) If the ordinance was adopted on June 21, 1999 by |
the Village of Table Grove. |
(154) If the ordinance was adopted on February 23, |
1995 by the City of Springfield. |
(155) If the ordinance was adopted on August 11, 1999 |
by the City of Monmouth. |
(156) If the ordinance was adopted on December 26, |
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1995 by the Village of Posen. |
(157) If the ordinance was adopted on July 1, 1995 by |
the Village of Caseyville. |
(158) If the ordinance was adopted on January 30, 1996 |
by the City of Madison. |
(159) If the ordinance was adopted on February 2, 1996 |
by the Village of Hartford. |
(160) If the ordinance was adopted on July 2, 1996 by |
the Village of Manlius. |
(161) If the ordinance was adopted on March 21, 2000 |
by the City of Hoopeston. |
(162) If the ordinance was adopted on March 22, 2005 |
by the City of Hoopeston. |
(163) If the ordinance was adopted on July 10, 1996 by |
the City of Chicago to create the Goose Island TIF |
District. |
(164) If the ordinance was adopted on December 11, |
1996 by the City of Chicago to create the Bryn |
Mawr/Broadway TIF District. |
(165) If the ordinance was adopted on December 31, |
1995 by the City of Chicago to create the 95th/Western TIF |
District. |
(166) If the ordinance was adopted on October 7, 1998 |
by the City of Chicago to create the 71st and Stony Island |
TIF District. |
(167) If the ordinance was adopted on April 19, 1995 |
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by the Village of North Utica. |
(168) If the ordinance was adopted on April 22, 1996 |
by the City of LaSalle. |
(169) If the ordinance was adopted on June 9, 2008 by |
the City of Country Club Hills. |
(170) If the ordinance was adopted on July 3, 1996 by |
the Village of Phoenix. |
(171) If the ordinance was adopted on May 19, 1997 by |
the Village of Swansea. |
(172) If the ordinance was adopted on August 13, 2001 |
by the Village of Saunemin. |
(173) If the ordinance was adopted on January 10, 2005 |
by the Village of Romeoville. |
(174) If the ordinance was adopted on January 28, 1997 |
by the City of Berwyn for the South Berwyn Corridor Tax |
Increment Financing District. |
(175) If the ordinance was adopted on January 28, 1997 |
by the City of Berwyn for the Roosevelt Road Tax Increment |
Financing District. |
(176) If the ordinance was adopted on May 3, 2001 by |
the Village of Hanover Park for the Village Center Tax |
Increment Financing Redevelopment Project Area (TIF # 3). |
(177) If the ordinance was adopted on January 1, 1996 |
by the City of Savanna. |
(178) If the ordinance was adopted on January 28, 2002 |
by the Village of Okawville. |
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(179) If the ordinance was adopted on October 4, 1999 |
by the City of Vandalia. |
(180) If the ordinance was adopted on June 16, 2003 by |
the City of Rushville. |
(181) If the ordinance was adopted on December 7, 1998 |
by the City of Quincy for the Central Business District |
West Tax Increment Redevelopment Project Area. |
(182) If the ordinance was adopted on March 27, 1997 |
by the Village of Maywood approving the Roosevelt Road TIF |
District. |
(183) If the ordinance was adopted on March 27, 1997 |
by the Village of Maywood approving the Madison |
Street/Fifth Avenue TIF District. |
(184) If the ordinance was adopted on November 10, |
1997 by the Village of Park Forest. |
(185) If the ordinance was adopted on July 30, 1997 by |
the City of Chicago to create the Near North TIF district. |
(186) If the ordinance was adopted on December 1, 2000 |
by the Village of Mahomet. |
(187) If the ordinance was adopted on June 16, 1999 by |
the Village of Washburn. |
(188) If the ordinance was adopted on August 19, 1998 |
by the Village of New Berlin. |
(189) If the ordinance was adopted on February 5, 2002 |
by the City of Highwood. |
(190) If the ordinance was adopted on June 1, 1997 by |
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the City of Flora. |
(191) If the ordinance was adopted on August 17, 1999 |
by the City of Ottawa. |
(192) If the ordinance was adopted on June 13, 2005 by |
the City of Mount Carroll. |
(193) If the ordinance was adopted on March 25, 2008 |
by the Village of Elizabeth. |
(194) If the ordinance was adopted on February 22, |
2000 by the City of Mount Pulaski. |
(195) If the ordinance was adopted on November 21, |
2000 by the City of Effingham. |
(196) If the ordinance was adopted on January 28, 2003 |
by the City of Effingham. |
(197) If the ordinance was adopted on February 4, 2008 |
by the City of Polo. |
(198) If the ordinance was adopted on August 17, 2005 |
by the Village of Bellwood to create the Park Place TIF. |
(199) If the ordinance was adopted on July 16, 2014 by |
the Village of Bellwood to create the North-2014 TIF. |
(200) If the ordinance was adopted on July 16, 2014 by |
the Village of Bellwood to create the South-2014 TIF. |
(201) If the ordinance was adopted on July 16, 2014 by |
the Village of Bellwood to create the Central Metro-2014 |
TIF. |
(202) If the ordinance was adopted on September 17, |
2014 by the Village of Bellwood to create the Addison |
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Creek "A" (Southwest)-2014 TIF. |
(203) If the ordinance was adopted on September 17, |
2014 by the Village of Bellwood to create the Addison |
Creek "B" (Northwest)-2014 TIF. |
(204) If the ordinance was adopted on September 17, |
2014 by the Village of Bellwood to create the Addison |
Creek "C" (Northeast)-2014 TIF. |
(205) If the ordinance was adopted on September 17, |
2014 by the Village of Bellwood to create the Addison |
Creek "D" (Southeast)-2014 TIF. |
(206) If the ordinance was adopted on June 26, 2007 by |
the City of Peoria. |
(207) If the ordinance was adopted on October 28, 2008 |
by the City of Peoria. |
(208) If the ordinance was adopted on April 4, 2000 by |
the City of Joliet to create the Joliet City Center TIF |
District. |
(209) If the ordinance was adopted on July 8, 1998 by |
the City of Chicago to create the 43rd/Cottage Grove TIF |
district. |
(210) If the ordinance was adopted on July 8, 1998 by |
the City of Chicago to create the 79th Street Corridor TIF |
district. |
(211) If the ordinance was adopted on November 4, 1998 |
by the City of Chicago to create the Bronzeville TIF |
district. |
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(212) If the ordinance was adopted on February 5, 1998 |
by the City of Chicago to create the Homan/Arthington TIF |
district. |
(213) If the ordinance was adopted on December 8, 1998 |
by the Village of Plainfield. |
(214) If the ordinance was adopted on July 17, 2000 by |
the Village of Homer. |
(215) If the ordinance was adopted on December 27, |
2006 by the City of Greenville. |
(216) If the ordinance was adopted on June 10, 1998 by |
the City of Chicago to create the Kinzie Industrial TIF |
district. |
(217) If the ordinance was adopted on December 2, 1998 |
by the City of Chicago to create the Northwest Industrial |
TIF district. |
(218) If the ordinance was adopted on June 10, 1998 by |
the City of Chicago to create the Pilsen Industrial TIF |
district. |
(219) If the ordinance was adopted on January 14, 1997 |
by the City of Chicago to create the 35th/Halsted TIF |
district. |
(220) If the ordinance was adopted on June 9, 1999 by |
the City of Chicago to create the Pulaski Corridor TIF |
district. |
(221) If the ordinance was adopted on December 16, |
1997 by the City of Springfield to create the Enos Park |
|
Neighborhood TIF District. |
(222) If the ordinance was adopted on February 5, 1998 |
by the City of Chicago to create the Roosevelt/Cicero |
redevelopment project area. |
(223) If the ordinance was adopted on February 5, 1998 |
by the City of Chicago to create the Western/Ogden |
redevelopment project area. |
(224) If the ordinance was adopted on July 21, 1999 by |
the City of Chicago to create the 24th/Michigan Avenue |
redevelopment project area. |
(225) If the ordinance was adopted on January 20, 1999 |
by the City of Chicago to create the Woodlawn |
redevelopment project area. |
(226) If the ordinance was adopted on July 7, 1999 by |
the City of Chicago to create the Clark/Montrose |
redevelopment project area. |
(227) If the ordinance was adopted on November 4, 2003 |
by the City of Madison to create the Rivers Edge |
redevelopment project area. |
(228) If the ordinance was adopted on August 12, 2003 |
by the City of Madison to create the Caine Street |
redevelopment project area. |
(229) If the ordinance was adopted on March 7, 2000 by |
the City of Madison to create the East Madison TIF. |
(230) If the ordinance was adopted on August 3, 2001 |
by the Village of Aviston. |
|
(231) If the ordinance was adopted on August 22, 2011 |
by the Village of Warren. |
(232) If the ordinance was adopted on April 8, 1999 by |
the City of Farmer City. |
(233) If the ordinance was adopted on August 4, 1999 |
by the Village of Fairmont City. |
(234) If the ordinance was adopted on October 2, 1999 |
by the Village of Fairmont City. |
(235) If the ordinance was adopted December 16, 1999 |
by the City of Springfield. |
(236) If the ordinance was adopted on December 13, |
1999 by the Village of Palatine to create the Village of |
Palatine Downtown Area TIF District. |
(237) If the ordinance was adopted on September 29, |
1999 by the City of Chicago to create the 111th/Kedzie |
redevelopment project area. |
(238) If the ordinance was adopted on November 12, |
1998 by the City of Chicago to create the Canal/Congress |
redevelopment project area. |
(239) If the ordinance was adopted on July 7, 1999 by |
the City of Chicago to create the Galewood/Armitage |
Industrial redevelopment project area. |
(240) If the ordinance was adopted on September 29, |
1999 by the City of Chicago to create the Madison/Austin |
Corridor redevelopment project area. |
(241) If the ordinance was adopted on April 12, 2000 |
|
by the City of Chicago to create the South Chicago |
redevelopment project area. |
(242) If the ordinance was adopted on January 9, 2002 |
by the Village of Elkhart. |
(243) If the ordinance was adopted on May 23, 2000 by |
the City of Robinson to create the West Robinson |
Industrial redevelopment project area. |
(244) If the ordinance was adopted on October 9, 2001 |
by the City of Robinson to create the Downtown Robinson |
redevelopment project area. |
(245) If the ordinance was adopted on September 19, |
2000 by the Village of Valmeyer. |
(246) If the ordinance was adopted on April 15, 2002 |
by the City of McHenry to create the Downtown TIF |
district. |
(247) If the ordinance was adopted on February 15, |
1999 by the Village of Channahon. |
(248) If the ordinance was adopted on December 19, |
2000 by the City of Peoria. |
(249) If the ordinance was adopted on July 24, 2000 by |
the City of Rock Island to create the North 11th Street |
redevelopment project area. |
(250) If the ordinance was adopted on February 5, 2002 |
by the City of Champaign to create the North Campustown |
TIF. |
(251) If the ordinance was adopted on November 20, |
|
2000 by the Village of Evergreen Park. |
(252) If the ordinance was adopted on February 16, |
2000 by the City of Chicago to create the |
Fullerton/Milwaukee redevelopment project area. |
(253) If the ordinance was adopted on October 23, 2006 |
by the Village of Bourbonnais to create the Bourbonnais |
Industrial Park Conservation Area. |
(254) If the ordinance was adopted on February 22, |
2000 by the City of Geneva to create the East State Street |
redevelopment project area. |
(255) If the ordinance was adopted on February 6, 2001 |
by the Village of Downers Grove to create the Ogden Avenue |
redevelopment project area. |
(256) If the ordinance was adopted on June 27, 2001 by |
the City of Chicago to create the Division/Homan |
redevelopment project area. |
(257) If the ordinance was adopted on May 17, 2000 by |
the City of Chicago to create the 63rd/Pulaski |
redevelopment project area. |
(258) If the ordinance was adopted on March 10, 1999 |
by the City of Chicago to create the Greater Southwest |
Industrial (East) redevelopment project area. |
(259) If the ordinance was adopted on February 16, |
2000 by the City of Chicago to create the Lawrence/Kedzie |
redevelopment project area. |
(260) If the ordinance was adopted on November 3, 1999 |
|
by the City of Chicago to create the Lincoln Avenue |
redevelopment project area. |
(261) If the ordinance was adopted on September 3, |
2015 by the Village of Fox River Grove to create the |
Downtown TIF #2 redevelopment project area. |
(262) If the ordinance was adopted on October 16, 2000 |
by the Village of Franklin Park to create the Downtown |
Franklin Avenue redevelopment project area. |
(263) If the ordinance was adopted on September 8, |
2003 by the City of Jacksonville to create the Downtown |
Redevelopment Project Area. |
(264) If the ordinance was adopted on August 13, 2002 |
by the City of Prophetstown to create the Redevelopment |
Project Area No. 1. |
(265) If the ordinance was adopted on August 29, 2006 |
by the City of Ottawa to create the Ottawa Dayton |
Industrial TIF District. |
(266) If the ordinance was adopted on June 27, 2006 by |
the City of Ottawa to create the Ottawa Canal TIF |
District. |
(267) If the ordinance was adopted on March 5, 2001 by |
the City of Salem to create the TIF No 2 - Redevelopment |
Area. |
(268) If the ordinance was adopted on January 23, 2002 |
by the Village of Malta to create the Harkness Property |
redevelopment project area. |
|
(269) If the ordinance was adopted on June 16, 2008 by |
the City of Highland to create TIF #1. |
(270) If the ordinance was adopted on January 3, 2012 |
by the City of Highland to create TIF #2. |
(271) If the ordinance was adopted on January 1, 2000 |
by the City of Chicago to create the Belmont/Central |
redevelopment project area. |
(272) If the ordinance was adopted on June 27, 2001 by |
the City of Chicago to create the Englewood Neighborhood |
redevelopment project area. |
(273) If the ordinance was adopted on December 13, |
2000 by the City of Chicago to create the Lake Calumet Area |
Industrial redevelopment project area. |
(274) If the ordinance was adopted on October 15, 2001 |
by the City of Des Plaines to create TIF No. 6 Mannheim |
Higgins Road. |
(275) If the ordinance was adopted on October 22, 2001 |
by the City of Sullivan to create TIF District III. |
(276) If the ordinance was adopted on November 12, |
2013 by the City of Oak Forest to create the City of Oak |
Forest Cicero Avenue Tax Increment Financing District |
Redevelopment Project Area TIF District #6. |
(277) If the ordinance was adopted on December 15, |
2003 by the City of Knoxville. |
(278) If the ordinance was adopted on February 16, |
2000 by the City of Chicago to create the Peterson/Pulaski |
|
redevelopment project area. |
(279) If the ordinance was adopted on February 16, |
2000 by the City of Chicago to create the Central West |
redevelopment project area. |
(280) If the ordinance was adopted on June 27, 2001 by |
the City of Chicago to create the Lawrence/Broadway |
redevelopment project area. |
(281) If the ordinance was adopted on March 18, 2002 |
by the City of St. Charles for the First Street District |
#4. |
(282) If the ordinance was adopted on April 6, 2001 by |
the Village of Melrose Park to create the Seniors First |
TIF. |
(283) If the ordinance was adopted on April 6, 2001 by |
the Village of Melrose Park to create the Zenith Opus TIF. |
(284) If the ordinance was adopted on January 16, 2002 |
by the City of Chicago to create the Roseland/Michigan |
redevelopment project area. |
(285) If the ordinance was adopted on February 27, |
2002 by the City of Chicago to create the Chicago/Central |
Park redevelopment project area. |
(286) If the ordinance was adopted on July 31, 2002 by |
the City of Chicago to create the Avalon Park/South Shore |
redevelopment project area. |
(287) If the ordinance was adopted on November 13, |
2002 by the City of Chicago to create the Commercial |
|
Avenue redevelopment project area. |
(288) If the ordinance was adopted on December 1, 2003 |
by the Village of Millstadt to create Millstadt TIF |
District #1. |
(289) If the ordinance was adopted on December 16, |
2003 by the City of Mattoon to create the Midtown Mattoon |
redevelopment project area. |
(290) If the ordinance was adopted on January 21, 2003 |
by the City of Sterling to create the Rock River |
Redevelopment. |
(d) For redevelopment project areas for which bonds were |
issued before July 29, 1991, or for which contracts were |
entered into before June 1, 1988, in connection with a |
redevelopment project in the area within the State Sales Tax |
Boundary, the estimated dates of completion of the |
redevelopment project and retirement of obligations to finance |
redevelopment project costs (including refunding bonds under |
Section 11-74.4-7) may be extended by municipal ordinance to |
December 31, 2013. The termination procedures of subsection |
(b) of Section 11-74.4-8 are not required for these |
redevelopment project areas in 2009 but are required in 2013. |
The extension allowed by Public Act 87-1272 shall not apply to |
real property tax increment allocation financing under Section |
11-74.4-8. |
(e) Those dates, for purposes of real property tax |
increment allocation financing pursuant to Section 11-74.4-8 |
|
only, shall be not more than 35 years for redevelopment |
project areas that were adopted on or after December 16, 1986 |
and for which at least $8 million worth of municipal bonds were |
authorized on or after December 19, 1989 but before January 1, |
1990; provided that the municipality elects to extend the life |
of the redevelopment project area to 35 years by the adoption |
of an ordinance after at least 14 but not more than 30 days' |
written notice to the taxing bodies, that would otherwise |
constitute the joint review board for the redevelopment |
project area, before the adoption of the ordinance. |
(f) Those dates, for purposes of real property tax |
increment allocation financing pursuant to Section 11-74.4-8 |
only, shall be not more than 35 years for redevelopment |
project areas that were established on or after December 1, |
1981 but before January 1, 1982 and for which at least |
$1,500,000 worth of tax increment revenue bonds were |
authorized on or after September 30, 1990 but before July 1, |
1991; provided that the municipality elects to extend the life |
of the redevelopment project area to 35 years by the adoption |
of an ordinance after at least 14 but not more than 30 days' |
written notice to the taxing bodies, that would otherwise |
constitute the joint review board for the redevelopment |
project area, before the adoption of the ordinance. |
(f-1) (Blank). |
(f-2) (Blank). |
(f-3) (Blank). |
|
(f-5) Those dates, for purposes of real property tax |
increment allocation financing pursuant to Section 11-74.4-8 |
only, shall be not more than 47 years for redevelopment |
project areas listed in this subsection; provided that (i) the |
municipality adopts an ordinance extending the life of the |
redevelopment project area to 47 years and (ii) the |
municipality provides notice to the taxing bodies that would |
otherwise constitute the joint review board for the |
redevelopment project area not more than 30 and not less than |
14 days prior to the adoption of that ordinance: |
(1) If the redevelopment project area was established |
on December 29, 1981 by the City of Springfield. |
(2) If the redevelopment project area was established |
on December 29, 1986 by the City of Morris and that is |
known as the Morris TIF District 1. |
(3) If the redevelopment project area was established |
on December 31, 1986 by the Village of Cahokia. |
(4) If the redevelopment project area was established |
on December 20, 1986 by the City of Charleston. |
(5) If the redevelopment project area was established |
on December 23, 1986 by the City of Beardstown. |
(6) If the redevelopment project area was established |
on December 23, 1986 by the Town of Cicero. |
(7) If the redevelopment project area was established |
on December 29, 1986 by the City of East St. Louis. |
(8) If the redevelopment project area was established |
|
on January 23, 1991 by the City of East St. Louis. |
(9) If the redevelopment project area was established |
on December 29, 1986 by the Village of Gardner. |
(10) If the redevelopment project area was established |
on June 11, 2002 by the City of East Peoria to create the |
West Washington Street TIF. |
(11) If the redevelopment project area was established |
on December 22, 1986 by the City of Washington creating |
the Washington Square TIF #2. |
(12) If the redevelopment project area was established |
on November 11, 1986 by the City of Pekin. |
(13) If the redevelopment project area was established |
on December 30, 1986 by the City of Belleville. |
(14) If the ordinance was adopted on April 3, 1989 by |
the City of Chicago Heights. |
(15) If the redevelopment project area was established |
on December 29, 1986 by the City of Pontiac to create TIF I |
(the Main St TIF). |
(16) If the redevelopment project area was established |
on December 29, 1986 by the City of Pontiac to create TIF |
II (the Interstate TIF). |
(17) If the redevelopment project area was established |
on December 23, 1986 by the City of Sparta to create TIF |
#1. Any termination procedures provided for in Section |
11-74.4-8 are not required for this redevelopment project |
area prior to the 47th calendar year after the year in |
|
which the ordinance approving the redevelopment project |
year was adopted. |
(18) If the redevelopment project area was established |
on March 30, 1992 by the Village of Ohio to create the |
Village of Ohio TIF District. |
(19) If the redevelopment project area was established |
on December 13, 1993 by the Village of Crete. |
(20) If the redevelopment project area was established |
on February 12, 2001 by the Village of Crete. |
(21) If the redevelopment project area was established |
on April 23, 2001 by the Village of Crete. |
(22) If the redevelopment project area was established |
on December 29, 1993 by the City of Ottawa to create the |
Ottawa I-80 North TIF District. |
(23) If the redevelopment project area was established |
on September 20, 1994 by the City of Ottawa to create the |
Ottawa Rt. 6 East TIF District. |
(24) If the redevelopment project area was established |
on January 6, 1999 by the Village of Rosemont to create the |
Village of Rosemont TIF 4 South River Road. |
(25) If the redevelopment project area was established |
on December 20, 1988 by the Village of Lansing. |
(26) If the redevelopment project area was established |
on November 20, 1989 by the Village of South Holland. |
(27) If the redevelopment project area was established |
on December 11, 1989 by the Village of Melrose Park to |
|
create the Mid-Metros TIF. |
(g) In consolidating the material relating to completion |
dates from Sections 11-74.4-3 and 11-74.4-7 into this Section, |
it is not the intent of the General Assembly to make any |
substantive change in the law, except for the extension of the |
completion dates for the City of Aurora, the Village of Milan, |
the City of West Frankfort, the Village of Libertyville, and |
the Village of Hoffman Estates set forth under items (67), |
(68), (69), (70), and (71) of subsection (c) of this Section. |
(Source: P.A. 102-117, eff. 7-23-21; 102-424, eff. 8-20-21; |
102-425, eff. 8-20-21; 102-446, eff. 8-20-21; 102-473, eff. |
8-20-21; 102-627, eff. 8-27-21; 102-675, eff. 11-30-21; |
102-745, eff. 5-6-22; 102-818, eff. 5-13-22; 102-1113, eff. |
12-21-22; 103-315, eff. 7-28-23; 103-575, eff. 12-8-23; |
103-1016, eff. 8-9-24; 103-1058, eff. 12-31-24.) |
Section 10. The Property Tax Code is amended by changing |
Section 15-172, 21-25, and 21-385 as follows: |
(35 ILCS 200/15-172) |
Sec. 15-172. Low-Income Senior Citizens Assessment Freeze |
Homestead Exemption. |
(a) This Section may be cited as the Low-Income Senior |
Citizens Assessment Freeze Homestead Exemption. |
(b) As used in this Section: |
"Applicant" means an individual who has filed an |
|
application under this Section. |
"Base amount" means the base year equalized assessed value |
of the residence plus the first year's equalized assessed |
value of any added improvements which increased the assessed |
value of the residence after the base year. |
"Base year" means the taxable year prior to the taxable |
year for which the applicant first qualifies and applies for |
the exemption provided that in the prior taxable year the |
property was improved with a permanent structure that was |
occupied as a residence by the applicant who was liable for |
paying real property taxes on the property and who was either |
(i) an owner of record of the property or had legal or |
equitable interest in the property as evidenced by a written |
instrument or (ii) had a legal or equitable interest as a |
lessee in the parcel of property that was single family |
residence. If in any subsequent taxable year for which the |
applicant applies and qualifies for the exemption the |
equalized assessed value of the residence is less than the |
equalized assessed value in the existing base year (provided |
that such equalized assessed value is not based on an assessed |
value that results from a temporary irregularity in the |
property that reduces the assessed value for one or more |
taxable years), then that subsequent taxable year shall become |
the base year until a new base year is established under the |
terms of this paragraph. For taxable year 1999 only, the Chief |
County Assessment Officer shall review (i) all taxable years |
|
for which the applicant applied and qualified for the |
exemption and (ii) the existing base year. The assessment |
officer shall select as the new base year the year with the |
lowest equalized assessed value. An equalized assessed value |
that is based on an assessed value that results from a |
temporary irregularity in the property that reduces the |
assessed value for one or more taxable years shall not be |
considered the lowest equalized assessed value. The selected |
year shall be the base year for taxable year 1999 and |
thereafter until a new base year is established under the |
terms of this paragraph. |
"Chief County Assessment Officer" means the County |
Assessor or Supervisor of Assessments of the county in which |
the property is located. |
"Equalized assessed value" means the assessed value as |
equalized by the Illinois Department of Revenue. |
"Household" means the applicant, the spouse of the |
applicant, and all persons using the residence of the |
applicant as their principal place of residence. |
"Household income" means the combined income of the |
members of a household for the calendar year preceding the |
taxable year. |
"Income" has the same meaning as provided in Section 3.07 |
of the Senior Citizens and Persons with Disabilities Property |
Tax Relief Act, except that, beginning in assessment year |
2001, "income" does not include veteran's benefits. |
|
"Internal Revenue Code of 1986" means the United States |
Internal Revenue Code of 1986 or any successor law or laws |
relating to federal income taxes in effect for the year |
preceding the taxable year. |
"Life care facility that qualifies as a cooperative" means |
a facility as defined in Section 2 of the Life Care Facilities |
Act. |
"Maximum income limitation" means: |
(1) $35,000 prior to taxable year 1999; |
(2) $40,000 in taxable years 1999 through 2003; |
(3) $45,000 in taxable years 2004 through 2005; |
(4) $50,000 in taxable years 2006 and 2007; |
(5) $55,000 in taxable years 2008 through 2016; |
(6) for taxable year 2017, (i) $65,000 for qualified |
property located in a county with 3,000,000 or more |
inhabitants and (ii) $55,000 for qualified property |
located in a county with fewer than 3,000,000 inhabitants; |
and |
(7) for taxable years 2018 through 2025 and |
thereafter, $65,000 for all qualified property; . |
(8) for taxable year 2026, $75,000 for all qualified |
property; |
(9) for taxable year 2027, $77,000 for all qualified |
property; and |
(10) for taxable years 2028 and thereafter, $79,000 |
for all qualified property. |
|
As an alternative income valuation, a homeowner who is |
enrolled in any of the following programs may be presumed to |
have household income that does not exceed the maximum income |
limitation for that tax year as required by this Section: Aid |
to the Aged, Blind or Disabled (AABD) Program or the |
Supplemental Nutrition Assistance Program (SNAP), both of |
which are administered by the Department of Human Services; |
the Low Income Home Energy Assistance Program (LIHEAP), which |
is administered by the Department of Commerce and Economic |
Opportunity; The Benefit Access program, which is administered |
by the Department on Aging; and the Senior Citizens Real |
Estate Tax Deferral Program. |
A chief county assessment officer may indicate that he or |
she has verified an applicant's income eligibility for this |
exemption but may not report which program or programs, if |
any, enroll the applicant. Release of personal information |
submitted pursuant to this Section shall be deemed an |
unwarranted invasion of personal privacy under the Freedom of |
Information Act. |
"Residence" means the principal dwelling place and |
appurtenant structures used for residential purposes in this |
State occupied on January 1 of the taxable year by a household |
and so much of the surrounding land, constituting the parcel |
upon which the dwelling place is situated, as is used for |
residential purposes. If the Chief County Assessment Officer |
has established a specific legal description for a portion of |
|
property constituting the residence, then that portion of |
property shall be deemed the residence for the purposes of |
this Section. |
"Taxable year" means the calendar year during which ad |
valorem property taxes payable in the next succeeding year are |
levied. |
(c) Beginning in taxable year 1994, a low-income senior |
citizens assessment freeze homestead exemption is granted for |
real property that is improved with a permanent structure that |
is occupied as a residence by an applicant who (i) is 65 years |
of age or older during the taxable year, (ii) has a household |
income that does not exceed the maximum income limitation, |
(iii) is liable for paying real property taxes on the |
property, and (iv) is an owner of record of the property or has |
a legal or equitable interest in the property as evidenced by a |
written instrument. This homestead exemption shall also apply |
to a leasehold interest in a parcel of property improved with a |
permanent structure that is a single family residence that is |
occupied as a residence by a person who (i) is 65 years of age |
or older during the taxable year, (ii) has a household income |
that does not exceed the maximum income limitation, (iii) has |
a legal or equitable ownership interest in the property as |
lessee, and (iv) is liable for the payment of real property |
taxes on that property. |
In counties of 3,000,000 or more inhabitants, the amount |
of the exemption for all taxable years is the equalized |
|
assessed value of the residence in the taxable year for which |
application is made minus the base amount. In all other |
counties, the amount of the exemption is as follows: (i) |
through taxable year 2005 and for taxable year 2007 and |
thereafter, the amount of this exemption shall be the |
equalized assessed value of the residence in the taxable year |
for which application is made minus the base amount; and (ii) |
for taxable year 2006, the amount of the exemption is as |
follows: |
(1) For an applicant who has a household income of |
$45,000 or less, the amount of the exemption is the |
equalized assessed value of the residence in the taxable |
year for which application is made minus the base amount. |
(2) For an applicant who has a household income |
exceeding $45,000 but not exceeding $46,250, the amount of |
the exemption is (i) the equalized assessed value of the |
residence in the taxable year for which application is |
made minus the base amount (ii) multiplied by 0.8. |
(3) For an applicant who has a household income |
exceeding $46,250 but not exceeding $47,500, the amount of |
the exemption is (i) the equalized assessed value of the |
residence in the taxable year for which application is |
made minus the base amount (ii) multiplied by 0.6. |
(4) For an applicant who has a household income |
exceeding $47,500 but not exceeding $48,750, the amount of |
the exemption is (i) the equalized assessed value of the |
|
residence in the taxable year for which application is |
made minus the base amount (ii) multiplied by 0.4. |
(5) For an applicant who has a household income |
exceeding $48,750 but not exceeding $50,000, the amount of |
the exemption is (i) the equalized assessed value of the |
residence in the taxable year for which application is |
made minus the base amount (ii) multiplied by 0.2. |
When the applicant is a surviving spouse of an applicant |
for a prior year for the same residence for which an exemption |
under this Section has been granted, the base year and base |
amount for that residence are the same as for the applicant for |
the prior year. |
Each year at the time the assessment books are certified |
to the County Clerk, the Board of Review or Board of Appeals |
shall give to the County Clerk a list of the assessed values of |
improvements on each parcel qualifying for this exemption that |
were added after the base year for this parcel and that |
increased the assessed value of the property. |
In the case of land improved with an apartment building |
owned and operated as a cooperative or a building that is a |
life care facility that qualifies as a cooperative, the |
maximum reduction from the equalized assessed value of the |
property is limited to the sum of the reductions calculated |
for each unit occupied as a residence by a person or persons |
(i) 65 years of age or older, (ii) with a household income that |
does not exceed the maximum income limitation, (iii) who is |
|
liable, by contract with the owner or owners of record, for |
paying real property taxes on the property, and (iv) who is an |
owner of record of a legal or equitable interest in the |
cooperative apartment building, other than a leasehold |
interest. In the instance of a cooperative where a homestead |
exemption has been granted under this Section, the cooperative |
association or its management firm shall credit the savings |
resulting from that exemption only to the apportioned tax |
liability of the owner who qualified for the exemption. Any |
person who willfully refuses to credit that savings to an |
owner who qualifies for the exemption is guilty of a Class B |
misdemeanor. |
When a homestead exemption has been granted under this |
Section and an applicant then becomes a resident of a facility |
licensed under the Assisted Living and Shared Housing Act, the |
Nursing Home Care Act, the Specialized Mental Health |
Rehabilitation Act of 2013, the ID/DD Community Care Act, or |
the MC/DD Act, the exemption shall be granted in subsequent |
years so long as the residence (i) continues to be occupied by |
the qualified applicant's spouse or (ii) if remaining |
unoccupied, is still owned by the qualified applicant for the |
homestead exemption. |
Beginning January 1, 1997, when an individual dies who |
would have qualified for an exemption under this Section, and |
the surviving spouse does not independently qualify for this |
exemption because of age, the exemption under this Section |
|
shall be granted to the surviving spouse for the taxable year |
preceding and the taxable year of the death, provided that, |
except for age, the surviving spouse meets all other |
qualifications for the granting of this exemption for those |
years. |
When married persons maintain separate residences, the |
exemption provided for in this Section may be claimed by only |
one of such persons and for only one residence. |
For taxable year 1994 only, in counties having less than |
3,000,000 inhabitants, to receive the exemption, a person |
shall submit an application by February 15, 1995 to the Chief |
County Assessment Officer of the county in which the property |
is located. In counties having 3,000,000 or more inhabitants, |
for taxable year 1994 and all subsequent taxable years, to |
receive the exemption, a person may submit an application to |
the Chief County Assessment Officer of the county in which the |
property is located during such period as may be specified by |
the Chief County Assessment Officer. The Chief County |
Assessment Officer in counties of 3,000,000 or more |
inhabitants shall annually give notice of the application |
period by mail or by publication. In counties having less than |
3,000,000 inhabitants, beginning with taxable year 1995 and |
thereafter, to receive the exemption, a person shall submit an |
application by July 1 of each taxable year to the Chief County |
Assessment Officer of the county in which the property is |
located. A county may, by ordinance, establish a date for |
|
submission of applications that is different than July 1. The |
applicant shall submit with the application an affidavit of |
the applicant's total household income, age, marital status |
(and if married the name and address of the applicant's |
spouse, if known), and principal dwelling place of members of |
the household on January 1 of the taxable year. The Department |
shall establish, by rule, a method for verifying the accuracy |
of affidavits filed by applicants under this Section, and the |
Chief County Assessment Officer may conduct audits of any |
taxpayer claiming an exemption under this Section to verify |
that the taxpayer is eligible to receive the exemption. Each |
application shall contain or be verified by a written |
declaration that it is made under the penalties of perjury. A |
taxpayer's signing a fraudulent application under this Act is |
perjury, as defined in Section 32-2 of the Criminal Code of |
2012. The applications shall be clearly marked as applications |
for the Low-Income Senior Citizens Assessment Freeze Homestead |
Exemption and must contain a notice that any taxpayer who |
receives the exemption is subject to an audit by the Chief |
County Assessment Officer. |
Notwithstanding any other provision to the contrary, in |
counties having fewer than 3,000,000 inhabitants, if an |
applicant fails to file the application required by this |
Section in a timely manner and this failure to file is due to a |
mental or physical condition sufficiently severe so as to |
render the applicant incapable of filing the application in a |
|
timely manner, the Chief County Assessment Officer may extend |
the filing deadline for a period of 30 days after the applicant |
regains the capability to file the application, but in no case |
may the filing deadline be extended beyond 3 months of the |
original filing deadline. In order to receive the extension |
provided in this paragraph, the applicant shall provide the |
Chief County Assessment Officer with a signed statement from |
the applicant's physician, advanced practice registered nurse, |
or physician assistant stating the nature and extent of the |
condition, that, in the physician's, advanced practice |
registered nurse's, or physician assistant's opinion, the |
condition was so severe that it rendered the applicant |
incapable of filing the application in a timely manner, and |
the date on which the applicant regained the capability to |
file the application. |
Beginning January 1, 1998, notwithstanding any other |
provision to the contrary, in counties having fewer than |
3,000,000 inhabitants, if an applicant fails to file the |
application required by this Section in a timely manner and |
this failure to file is due to a mental or physical condition |
sufficiently severe so as to render the applicant incapable of |
filing the application in a timely manner, the Chief County |
Assessment Officer may extend the filing deadline for a period |
of 3 months. In order to receive the extension provided in this |
paragraph, the applicant shall provide the Chief County |
Assessment Officer with a signed statement from the |
|
applicant's physician, advanced practice registered nurse, or |
physician assistant stating the nature and extent of the |
condition, and that, in the physician's, advanced practice |
registered nurse's, or physician assistant's opinion, the |
condition was so severe that it rendered the applicant |
incapable of filing the application in a timely manner. |
In counties having less than 3,000,000 inhabitants, if an |
applicant was denied an exemption in taxable year 1994 and the |
denial occurred due to an error on the part of an assessment |
official, or his or her agent or employee, then beginning in |
taxable year 1997 the applicant's base year, for purposes of |
determining the amount of the exemption, shall be 1993 rather |
than 1994. In addition, in taxable year 1997, the applicant's |
exemption shall also include an amount equal to (i) the amount |
of any exemption denied to the applicant in taxable year 1995 |
as a result of using 1994, rather than 1993, as the base year, |
(ii) the amount of any exemption denied to the applicant in |
taxable year 1996 as a result of using 1994, rather than 1993, |
as the base year, and (iii) the amount of the exemption |
erroneously denied for taxable year 1994. |
For purposes of this Section, a person who will be 65 years |
of age during the current taxable year shall be eligible to |
apply for the homestead exemption during that taxable year. |
Application shall be made during the application period in |
effect for the county of his or her residence. |
The Chief County Assessment Officer may determine the |
|
eligibility of a life care facility that qualifies as a |
cooperative to receive the benefits provided by this Section |
by use of an affidavit, application, visual inspection, |
questionnaire, or other reasonable method in order to insure |
that the tax savings resulting from the exemption are credited |
by the management firm to the apportioned tax liability of |
each qualifying resident. The Chief County Assessment Officer |
may request reasonable proof that the management firm has so |
credited that exemption. |
Except as provided in this Section, all information |
received by the chief county assessment officer or the |
Department from applications filed under this Section, or from |
any investigation conducted under the provisions of this |
Section, shall be confidential, except for official purposes |
or pursuant to official procedures for collection of any State |
or local tax or enforcement of any civil or criminal penalty or |
sanction imposed by this Act or by any statute or ordinance |
imposing a State or local tax. Any person who divulges any such |
information in any manner, except in accordance with a proper |
judicial order, is guilty of a Class A misdemeanor. |
Nothing contained in this Section shall prevent the |
Director or chief county assessment officer from publishing or |
making available reasonable statistics concerning the |
operation of the exemption contained in this Section in which |
the contents of claims are grouped into aggregates in such a |
way that information contained in any individual claim shall |
|
not be disclosed. |
Notwithstanding any other provision of law, for taxable |
year 2017 and thereafter, in counties of 3,000,000 or more |
inhabitants, the amount of the exemption shall be the greater |
of (i) the amount of the exemption otherwise calculated under |
this Section or (ii) $2,000. |
(c-5) Notwithstanding any other provision of law, each |
chief county assessment officer may approve this exemption for |
the 2020 taxable year, without application, for any property |
that was approved for this exemption for the 2019 taxable |
year, provided that: |
(1) the county board has declared a local disaster as |
provided in the Illinois Emergency Management Agency Act |
related to the COVID-19 public health emergency; |
(2) the owner of record of the property as of January |
1, 2020 is the same as the owner of record of the property |
as of January 1, 2019; |
(3) the exemption for the 2019 taxable year has not |
been determined to be an erroneous exemption as defined by |
this Code; and |
(4) the applicant for the 2019 taxable year has not |
asked for the exemption to be removed for the 2019 or 2020 |
taxable years. |
Nothing in this subsection shall preclude or impair the |
authority of a chief county assessment officer to conduct |
audits of any taxpayer claiming an exemption under this |
|
Section to verify that the taxpayer is eligible to receive the |
exemption as provided elsewhere in this Section. |
(c-10) Notwithstanding any other provision of law, each |
chief county assessment officer may approve this exemption for |
the 2021 taxable year, without application, for any property |
that was approved for this exemption for the 2020 taxable |
year, if: |
(1) the county board has declared a local disaster as |
provided in the Illinois Emergency Management Agency Act |
related to the COVID-19 public health emergency; |
(2) the owner of record of the property as of January |
1, 2021 is the same as the owner of record of the property |
as of January 1, 2020; |
(3) the exemption for the 2020 taxable year has not |
been determined to be an erroneous exemption as defined by |
this Code; and |
(4) the taxpayer for the 2020 taxable year has not |
asked for the exemption to be removed for the 2020 or 2021 |
taxable years. |
Nothing in this subsection shall preclude or impair the |
authority of a chief county assessment officer to conduct |
audits of any taxpayer claiming an exemption under this |
Section to verify that the taxpayer is eligible to receive the |
exemption as provided elsewhere in this Section. |
(d) Each Chief County Assessment Officer shall annually |
publish a notice of availability of the exemption provided |
|
under this Section. The notice shall be published at least 60 |
days but no more than 75 days prior to the date on which the |
application must be submitted to the Chief County Assessment |
Officer of the county in which the property is located. The |
notice shall appear in a newspaper of general circulation in |
the county. |
Notwithstanding Sections 6 and 8 of the State Mandates |
Act, no reimbursement by the State is required for the |
implementation of any mandate created by this Section. |
(Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21; |
102-895, eff. 5-23-22.) |
(35 ILCS 200/21-25) |
Sec. 21-25. Due dates; accelerated billing in counties of |
3,000,000 or more. Except as hereinafter provided and as |
provided in Section 21-40, in counties with 3,000,000 or more |
inhabitants in which the accelerated method of billing and |
paying taxes provided for in Section 21-30 is in effect, the |
estimated first installment of unpaid taxes shall be deemed |
delinquent and shall bear interest after March 1 and until |
paid or forfeited at the rate of (i) 1 1/2% per month or |
portion thereof if the unpaid taxes are for a tax year before |
2023 or (ii) 0.75% per month, or portion thereof, if the unpaid |
taxes are for tax year 2023 or any tax year thereafter. For tax |
year 2010, the estimated first installment of unpaid taxes |
shall be deemed delinquent and shall bear interest after April |
|
1 at the rate of 1.5% per month or portion thereof until paid |
or forfeited. For tax year 2022, the estimated first |
installment of unpaid taxes shall be deemed delinquent and |
shall bear interest after April 1, 2023 at the rate of 1.5% per |
month or portion thereof until paid or forfeited. For tax year |
2025, the estimated first installment of unpaid taxes shall be |
deemed delinquent and shall bear interest after April 1, 2026 |
at the rate of 0.75% per month or portion thereof until paid or |
forfeited. For all tax years, the second installment of unpaid |
taxes shall be deemed delinquent and shall bear interest after |
August 1 annually at the same interest rate until paid or |
forfeited. Notwithstanding any other provision of law, if a |
taxpayer owes an arrearage of taxes due to an administrative |
error, and if the county collector sends a separate bill for |
that arrearage as provided in Section 14-41, then any part of |
the arrearage of taxes that remains unpaid on the day after the |
due date specified on that tax bill shall be deemed delinquent |
and shall bear interest after that date at the rate of (i) 1 |
1/2% per month, or portion thereof, if the unpaid taxes are for |
a tax year before 2023 or (ii) 0.75% per month, or portion |
thereof, if the unpaid taxes are for tax year 2023 or any tax |
year thereafter. |
If the county board elects by ordinance adopted prior to |
July 1 of a levy year to provide for taxes to be paid in 4 |
installments, each installment for that levy year and each |
subsequent year shall be deemed delinquent and shall begin to |
|
bear interest 30 days after the date specified by the |
ordinance for mailing bills, at the rate of 1 1/2% per month, |
or portion thereof, until paid or forfeited. If the unpaid |
taxes are for a tax year before 2023, then interest shall |
accrue at the rate of 1.5% per month, or portion thereof, until |
paid or forfeited. If the unpaid taxes are for tax year 2023 or |
any tax year thereafter, then interest shall accrue at the |
rate of 0.75% per month, or portion thereof, until paid or |
forfeited. |
Payment received by mail and postmarked on or before the |
required due date is not delinquent. |
Taxes levied on homestead property in which a member of |
the National Guard or reserves of the armed forces of the |
United States who was called to active duty on or after August |
1, 1990, and who has an ownership interest, shall not be deemed |
delinquent and no interest shall accrue or be charged as a |
penalty on such taxes due and payable in 1991 or 1992 until one |
year after that member returns to civilian status. |
If an Illinois resident who is a member of the Illinois |
National Guard or a reserve component of the armed forces of |
the United States and who has an ownership interest in |
property taxed under this Act is called to active duty for |
deployment outside the continental United States and is on |
active duty on the due date of any installment of taxes due |
under this Act, he or she shall not be deemed delinquent in the |
payment of the installment and no interest shall accrue or be |
|
charged as a penalty on the installment until 180 days after |
that member returns to civilian status. To be deemed not |
delinquent in the payment of an installment of taxes and any |
interest on that installment, the reservist or guardsperson |
must make a reasonable effort to notify the county clerk and |
the county collector of his or her activation to active duty |
and must notify the county clerk and the county collector |
within 180 days after his or her deactivation and provide |
verification of the date of his or her deactivation. An |
installment of property taxes on the property of any reservist |
or guardsperson who fails to provide timely notice and |
verification of deactivation to the county clerk is subject to |
interest and penalties as delinquent taxes under this Code |
from the date of deactivation. |
(Source: P.A. 102-1112, eff. 12-21-22; 103-555, eff. 1-1-24.) |
(35 ILCS 200/21-385) |
Sec. 21-385. Extension of period of redemption. |
(a) For any tax certificates held by a county pursuant to |
Section 21-90, the redemption period for each tax certificate |
shall be extended by operation of law until the date |
established by the county as the redemption deadline in a |
petition for tax deed filed under Section 22-30. The |
redemption deadline established in the petition shall be |
identified in the notices provided under Sections 22-10 |
through 22-25 of this Code. After a redemption deadline is |
|
established in the petition for tax deed, the county may |
further extend the redemption deadline by filing with the |
county clerk of the county in which the property is located a |
written notice to that effect describing the property, |
identifying the certificate number, and specifying the |
extended period of redemption. Notwithstanding any expiration |
of a prior redemption period, all tax certificates forfeited |
to the county and held pursuant to Section 21-90 shall remain |
enforceable by the county or its assignee, and redemption |
shall be extended by operation of law until the date |
established by the county as the redemption deadline in a |
petition for tax deed filed under Section 22-30. |
(b) Within 60 days of the date of assignment, assignees of |
forfeited certificates under Section 21-90 or Section 21-145 |
of this Code must file with the county clerk of the county in |
which the property is located a written notice describing the |
property, stating the date of the assignment, identifying the |
certificate number and specifying a deadline for redemption |
that is not later than 3 years from the date of assignment. |
Upon receiving the notice, the county clerk shall stamp the |
date of receipt upon the notice. If the notice is submitted as |
an electronic record, the county clerk shall acknowledge |
receipt of the record and shall provide confirmation in the |
same manner to the certificate holder. The confirmation from |
the county clerk shall include the date of receipt and shall |
serve as proof that the notice was filed with the county clerk. |
|
In no event shall a county clerk permit an assignee of |
forfeited certificates under Section 21-90 or Section 21-145 |
of this Code to extend the period of redemption beyond 3 years |
from the date of assignment. If the redemption period expires |
and no petition for tax deed has been filed under Section |
22-30, the assigned tax certificate shall be forfeited to and |
held by the county pursuant to Section 21-90. |
(c) Except for the county as trustee pursuant to Section |
21-90, the purchaser or his or her assignee of property sold |
for nonpayment of general taxes or special assessments may |
extend the period of redemption at any time before the |
expiration of the original period of redemption, or thereafter |
prior to the expiration of any extended period of redemption, |
but only for a period that will expire not later than 3 years |
from the date of sale, by filing with the county clerk of the |
county in which the property is located a written notice to |
that effect describing the property, stating the date of the |
sale and specifying the extended period of redemption. Upon |
receiving the notice, the county clerk shall stamp the date of |
receipt upon the notice. If the notice is submitted as an |
electronic record, the county clerk shall acknowledge receipt |
of the record and shall provide confirmation in the same |
manner to the certificate holder. The confirmation from the |
county clerk shall include the date of receipt and shall serve |
as proof that the notice was filed with the county clerk. The |
county clerk shall not be required to extend the period of |
|
redemption unless the purchaser or his or her assignee obtains |
this acknowledgement of delivery. If prior to the expiration |
of the period of redemption or extended period of redemption a |
petition for tax deed has been filed under Section 22-30, upon |
application of the petitioner, the court shall allow the |
purchaser or his or her assignee to extend the period of |
redemption after expiration of the original period or any |
extended period of redemption, provided that any extension |
allowed will expire not later than 3 years from the date of |
sale. If the period of redemption is extended, the purchaser |
or his or her assignee must give the notices provided for in |
Section 22-10 at the specified times prior to the expiration |
of the extended period of redemption by causing a sheriff (or |
if he or she is disqualified, a coroner) of the county in which |
the property, or any part thereof, is located to serve the |
notices as provided in Sections 22-15 and 22-20. The notices |
may also be served as provided in Sections 22-15 and 22-20 by a |
special process server appointed by the court under Section |
22-15 and as provided in Sections 22-15 and 22-20. |
The changes made to this Section by this amendatory Act of |
the 103rd General Assembly apply to matters concerning tax |
certificates issued on or after January 1, 2024. |
(d) For any tax certificates held by a county, the county |
clerk may create and administer a payment plan during the |
redemption period. Under the payment plan, the county clerk |
may waive interest penalties when payments are made in |
|
accordance with the parameters set forth in the payment plan. |
(Source: P.A. 103-555, eff. 1-1-24.) |
Section 15. The Senior Citizens Real Estate Tax Deferral |
Act is amended by changing Sections 2 and 3 as follows: |
(320 ILCS 30/2) (from Ch. 67 1/2, par. 452) |
Sec. 2. Definitions. As used in this Act: |
(a) "Qualified Taxpayer" means an individual (i) who will |
be 65 years of age or older by June 1 of the year for which a |
tax deferral is claimed; (ii) who certifies that they have |
owned and occupied as their residence such property or other |
qualifying property in the State for at least the last 3 years, |
except for any periods during which the taxpayer may have |
temporarily resided in a nursing or sheltered care home; and |
(iii) whose household income for the year is no greater than |
the maximum household income. : (i) $40,000 through tax year |
2005; (ii) $50,000 for tax years 2006 through 2011; (iii) |
$55,000 for tax years 2012 through 2021; (iv) $65,000 for tax |
years 2022 through 2025; and (v) $55,000 for tax year 2026 and |
thereafter. |
(b) "Tax deferred property" means the property upon which |
real estate taxes are deferred under this Act. |
(c) "Homestead" means the land and buildings thereon, |
including a condominium or a dwelling unit in a multidwelling |
building that is owned and operated as a cooperative, occupied |
|
by the taxpayer as his residence or which are temporarily |
unoccupied by the taxpayer because such taxpayer is |
temporarily residing, for not more than 1 year, in a licensed |
facility as defined in Section 1-113 of the Nursing Home Care |
Act. |
(d) "Real estate taxes" or "taxes" means the taxes on real |
property for which the taxpayer would be liable under the |
Property Tax Code, including special service area taxes, and |
special assessments on benefited real property for which the |
taxpayer would be liable to a unit of local government. |
(e) "Department" means the Department of Revenue. |
(f) "Qualifying property" means a homestead which (a) the |
taxpayer or the taxpayer and his spouse own in fee simple or |
are purchasing in fee simple under a recorded instrument of |
sale, (b) is not income-producing property, (c) is not subject |
to a lien for unpaid real estate taxes when a claim under this |
Act is filed, and (d) is not held in trust, other than an |
Illinois land trust with the taxpayer identified as the sole |
beneficiary, if the taxpayer is filing for the program for the |
first time effective as of the January 1, 2011 assessment year |
or tax year 2012 and thereafter. |
(g) "Equity interest" means the current assessed valuation |
of the qualified property times the fraction necessary to |
convert that figure to full market value minus any outstanding |
debts or liens on that property. In the case of qualifying |
property not having a separate assessed valuation, the |
|
appraised value as determined by a qualified real estate |
appraiser shall be used instead of the current assessed |
valuation. |
(h) "Household income" has the meaning ascribed to that |
term in the Senior Citizens and Persons with Disabilities |
Property Tax Relief Act. |
(i) "Collector" means the county collector or, if the |
taxes to be deferred are special assessments, an official |
designated by a unit of local government to collect special |
assessments. |
(j) "Maximum household income" means: |
(1) $40,000 through tax year 2005; |
(2) $50,000 for tax years 2006 through 2011; |
(3) $55,000 for tax years 2012 through 2021; |
(4) $65,000 for tax years 2022 through 2024; |
(5) $75,000 for tax year 2025; |
(6) $77,000 for tax year 2026; and |
(7) $79,000 for tax years 2027 and thereafter. |
(Source: P.A. 102-644, eff. 8-27-21.) |
(320 ILCS 30/3) (from Ch. 67 1/2, par. 453) |
Sec. 3. A taxpayer may, on or before March 1 of each year, |
apply to the county collector of the county where his |
qualifying property is located, or to the official designated |
by a unit of local government to collect special assessments |
on the qualifying property, as the case may be, for a deferral |
|
of all or a part of real estate taxes payable during that year |
for the preceding year in the case of real estate taxes other |
than special assessments, or for a deferral of any |
installments payable during that year in the case of special |
assessments, on all or part of his qualifying property. The |
application shall be on a form prescribed by the Department |
and furnished by the collector, (a) showing that the applicant |
will be 65 years of age or older by June 1 of the year for |
which a tax deferral is claimed, (b) describing the property |
and verifying that the property is qualifying property as |
defined in Section 2, (c) certifying that the taxpayer has |
owned and occupied as his residence such property or other |
qualifying property in the State for at least the last 3 years |
except for any periods during which the taxpayer may have |
temporarily resided in a nursing or sheltered care home, and |
(d) specifying whether the deferral is for all or a part of the |
taxes, and, if for a part, the amount of deferral applied for. |
As to qualifying property not having a separate assessed |
valuation, the taxpayer shall also file with the county |
collector a written appraisal of the property prepared by a |
qualified real estate appraiser together with a certificate |
signed by the appraiser stating that he has personally |
examined the property and setting forth the value of the land |
and the value of the buildings thereon occupied by the |
taxpayer as his residence. The county collector may use |
eligibility for the Low-Income Senior Citizens Assessment |
|
Freeze Homestead Exemption under Section 15-172 of the |
Property Tax Code as qualification for items (a) and (c). |
The collector shall grant the tax deferral provided such |
deferral does not exceed funds available in the Senior |
Citizens Real Estate Deferred Tax Revolving Fund and provided |
that the owner or owners of such real property have entered |
into a tax deferral and recovery agreement with the collector |
on behalf of the county or other unit of local government, |
which agreement expressly states: |
(1) That the total amount of taxes deferred under this |
Act, plus interest, for the year for which a tax deferral is |
claimed as well as for those previous years for which taxes are |
not delinquent and for which such deferral has been claimed |
may not exceed 80% of the taxpayer's equity interest in the |
property for which taxes are to be deferred and that, if the |
total deferred taxes plus interest equals 80% of the |
taxpayer's equity interest in the property, the taxpayer shall |
thereafter pay the annual interest due on such deferred taxes |
plus interest so that total deferred taxes plus interest will |
not exceed such 80% of the taxpayer's equity interest in the |
property. Effective as of the January 1, 2011 assessment year |
or tax year 2012 and through the 2021 tax year, and beginning |
again with the 2026 tax year, the total amount of any such |
deferral shall not exceed $5,000 per taxpayer in each tax |
year. For the 2022 tax year and every tax year after through |
the 2025 tax year, the total amount of any such deferral shall |
|
not exceed $7,500 per taxpayer in each tax year. |
(2) That any real estate taxes deferred under this Act and |
any interest accrued thereon are a lien on the real estate and |
improvements thereon until paid. If the taxes deferred are for |
a tax year prior to 2023, then interest shall accrue at the |
rate of 6% per year. If the taxes deferred are for the 2023 tax |
year or any tax year thereafter, then interest shall accrue at |
the rate of 3% per year. No sale or transfer of such real |
property may be legally closed and recorded until the taxes |
which would otherwise have been due on the property, plus |
accrued interest, have been paid unless the collector |
certifies in writing that an arrangement for prompt payment of |
the amount due has been made with his office. The same shall |
apply if the property is to be made the subject of a contract |
of sale. |
(3) That upon the death of the taxpayer claiming the |
deferral the heirs-at-law, assignees or legatees shall have |
first priority to the real property upon which taxes have been |
deferred by paying in full the total taxes which would |
otherwise have been due, plus interest. However, if such |
heir-at-law, assignee, or legatee is a surviving spouse, the |
tax deferred status of the property shall be continued during |
the life of that surviving spouse if the spouse is 55 years of |
age or older within 6 months of the date of death of the |
taxpayer and enters into a tax deferral and recovery agreement |
before the time when deferred taxes become due under this |
|
Section. Any additional taxes deferred, plus interest, on the |
real property under a tax deferral and recovery agreement |
signed by a surviving spouse shall be added to the taxes and |
interest which would otherwise have been due, and the payment |
of which has been postponed during the life of such surviving |
spouse, in determining the 80% equity requirement provided by |
this Section. |
(4) That if the taxes due, plus interest, are not paid by |
the heir-at-law, assignee or legatee or if payment is not |
postponed during the life of a surviving spouse, the deferred |
taxes and interest shall be recovered from the estate of the |
taxpayer within one year of the date of his death. In addition, |
deferred real estate taxes and any interest accrued thereon |
are due within 90 days after any tax deferred property ceases |
to be qualifying property as defined in Section 2. |
If payment is not made when required by this Section, |
foreclosure proceedings may be instituted under the Property |
Tax Code. |
(5) That any joint owner has given written prior approval |
for such agreement, which written approval shall be made a |
part of such agreement. |
(6) That a guardian for a person under legal disability |
appointed for a taxpayer who otherwise qualifies under this |
Act may act for the taxpayer in complying with this Act. |
(7) That a taxpayer or his agent has provided to the |
satisfaction of the collector, sufficient evidence that the |
|
qualifying property on which the taxes are to be deferred is |
insured against fire or casualty loss for at least the total |
amount of taxes which have been deferred. |
If the taxes to be deferred are special assessments, the |
unit of local government making the assessments shall forward |
a copy of the agreement entered into pursuant to this Section |
and the bills for such assessments to the county collector of |
the county in which the qualifying property is located. |
(Source: P.A. 102-644, eff. 8-27-21; 102-895, eff. 5-23-22.) |
Section 99. Effective date. This Act takes effect upon |
becoming law. |