SB3030sam001 93RD GENERAL ASSEMBLY

Sen. Louis S. Viverito

Filed: 2/27/2004

09300SB3030sam001 LRB093 21014 BDD 48178 a

AMENDMENT TO SENATE BILL 3030

AMENDMENT NO. ______. Amend Senate Bill 3030 by replacing everything after the enacting clause with the following:

"Section 5. The Property Tax Code is amended by adding Division 14 to Article 10 as follows:

(35 ILCS 200/Art. 10 Div. 14 heading new)

DIVISION 14. LONGTIME OWNER-OCCUPANT PROPERTY

(35 ILCS 200/10-400 new)

Sec. 10-400. Definitions. As used in this Division:

"High-assessment area" means an area within a municipality in which the average assessed value in the year of the most recent general assessment, as defined in Section 1-65, is 120% or more of the average assessed value in that area for the previous year of a general assessment as a consequence of the renovation of deteriorating residences or the construction of new residences.

"Longtime owner-occupant" means (i) a person who for at least 10 continuous years has owned and has occupied the same dwelling place as a principal residence and domicile or (ii) any person who for at least 5 years has owned and occupied the same dwelling place as a principal residence and domicile if that person received assistance in the acquisition of the property as part of a government or nonprofit housing program.

"Principal residence" means the dwelling place of a person, including the principal house and lot, and any lots that are used in connection with the principal house and lot that contribute to its enjoyment, comfort, and convenience. For purposes of this Division, the term also includes a building with a maximum of one commercial establishment and a building with a maximum of 3 residential units of which one residential unit must be the principal residence of the longtime owner-occupant.

(35 ILCS 200/10-405 new)

Sec. 10-405. Designation of high-assessment areas.

(a) Each municipality must designate each high-assessment area within its borders. Before making these designations, the corporate authorities must conduct a public hearing. The corporate authorities must publish a notice of the public hearing in a newspaper of general circulation within the municipality and provide actual notice to each taxing district.

(b) If an area is designated as a high-assessment area, it shall retain that designation until the third general assessment following the designation. Thereafter, the municipality must redesignate the area, if qualified.

(c) The provisions of this Section are judicially enforceable by any interested property owner.

(35 ILCS 200/10-410 new)

Sec. 10-410. Qualifications; applications.

(a) The assessment procedures under Section 10-415 are limited to real property meeting all of the following conditions:

(1) The property is owned and occupied by a longtime owner-occupant.

(2) The property is the principal residence and domicile of the longtime owner-occupant.

(3) The property is located within an area that has been designated by a municipality as a high-assessment area.

(b) To receive the assessment procedure provided for in Section 10-415, the person liable for taxes on that property that meets the qualifications under subsection (a) must file a verified application requesting the assessment procedure with the chief county assessment officer of the county in which the land is located.

The application must be in the form prescribed by the Department of Revenue and contain any information that may reasonably be required to determine whether the applicant meets the requirements of subsection (a). If the application shows the applicant is entitled to the assessment procedure, then the chief county assessment officer shall approve it; otherwise, he or she shall reject the application.

When an application has been filed with and approved by the chief county assessment officer, he or she must determine the valuation of the property as described in Section 10-415. The county clerk, in preparing assessment books, lists, and blanks under Section 9-100, shall include columns for indicating the approval of an application filed under this Section and for setting out the valuations made as otherwise permitted by law, and under Section 10-415.

(35 ILCS 200/10-415 new)

Sec. 10-415. Assessment of approved property.

(a) The chief county assessment officer shall establish the assessed value for real property for which an application has been approved under Section 10-410 in the following manner:

For the first taxable year for which the application is approved, the value of the qualified property may not be more than 105% of the assessed value prior to the most recent general assessment.

At each subsequent general assessment thereafter, the assessed value of the qualified property may not increase more than 5%.

Except as otherwise provided in this Section, the qualified property may not be reassessed at any time other than at a general assessment.

(b) If, after an application has been approved under Section 10-410, the qualified property is improved and the improvements increase the fair cash value of the property by more than $15,000, then the assessed value of the property may be increased to reflect the increase of the fair cash value of the property that is over and above $15,000.

(c) If, after an application has been approved under Section 10-410, the property is sold or otherwise transferred or is no longer qualified property, then the provisions of this Section do not apply to the property and the property may be reassessed at any time in accordance with Article 9 of this Act.

(35 ILCS 200/10-420 new)

Sec. 10-420. Home rule; mandates.

(a) A home rule municipality may not act in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(b) 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.

Section 90. The State Mandates Act is amended by adding Section 8.28 as follows:

(30 ILCS 805/8.28 new)

Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by Division 14 of Article 10 of the Property Tax Code.

Section 99. Effective date. This Act takes effect upon becoming law.".