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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Property Tax Code is amended by changing | ||||||||||||||||||||||||
5 | Section 15-170 as follows:
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6 | (35 ILCS 200/15-170)
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7 | Sec. 15-170. Senior Citizens Homestead Exemption. An | ||||||||||||||||||||||||
8 | annual homestead
exemption limited, except as described here | ||||||||||||||||||||||||
9 | with relation to cooperatives or
life care facilities, to a
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10 | maximum reduction set forth below from the property's value, as | ||||||||||||||||||||||||
11 | equalized or
assessed by the Department, is granted for | ||||||||||||||||||||||||
12 | property that is occupied as a
residence by a person 65 years | ||||||||||||||||||||||||
13 | of age or older who is liable for paying real
estate taxes on | ||||||||||||||||||||||||
14 | the property and is an owner of record of the property or has a
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15 | legal or equitable interest therein as evidenced by a written | ||||||||||||||||||||||||
16 | instrument,
except for a leasehold interest, other than a | ||||||||||||||||||||||||
17 | leasehold interest of land on
which a single family residence | ||||||||||||||||||||||||
18 | is located, which is occupied as a residence by
a person 65 | ||||||||||||||||||||||||
19 | years or older who has an ownership interest therein, legal,
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20 | equitable or as a lessee, and on which he or she is liable for | ||||||||||||||||||||||||
21 | the payment
of property taxes. Before taxable year 2004, the | ||||||||||||||||||||||||
22 | maximum reduction shall be $2,500 in counties with
3,000,000 or | ||||||||||||||||||||||||
23 | more inhabitants and $2,000 in all other counties. For taxable |
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1 | years 2004 through 2005, the maximum reduction shall be $3,000 | ||||||
2 | in all counties. For taxable years 2006 and 2007, the maximum | ||||||
3 | reduction shall be $3,500 and, for taxable years 2008 and 2009 | ||||||
4 | thereafter , the maximum reduction is $4,000 in all counties.
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5 | For taxable year 2010, the maximum reduction in all counties is | ||||||
6 | $6,500. For taxable year 2011 and thereafter, the maximum | ||||||
7 | reduction, in all counties, is the amount of the maximum | ||||||
8 | reduction for the immediately prior taxable year increased by | ||||||
9 | an amount equal to the lesser of (i) 2% or (ii) the percentage | ||||||
10 | increase during the immediately prior taxable year in the | ||||||
11 | Consumer Price Index for All Urban
Consumers for all items | ||||||
12 | published by the United States Department of Labor, Bureau of | ||||||
13 | Labor Statistics. | ||||||
14 | For land
improved with an apartment building owned and | ||||||
15 | operated as a cooperative, the maximum reduction from the value | ||||||
16 | of the property, as
equalized
by the Department, shall be | ||||||
17 | multiplied by the number of apartments or units
occupied by a | ||||||
18 | person 65 years of age or older who is liable, by contract with
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19 | the owner or owners of record, for paying property taxes on the | ||||||
20 | property and
is an owner of record of a legal or equitable | ||||||
21 | interest in the cooperative
apartment building, other than a | ||||||
22 | leasehold interest. For land improved with
a life care | ||||||
23 | facility, the maximum reduction from the value of the property, | ||||||
24 | as
equalized by the Department, shall be multiplied by the | ||||||
25 | number of apartments or
units occupied by persons 65 years of | ||||||
26 | age or older, irrespective of any legal,
equitable, or |
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1 | leasehold interest in the facility, who are liable, under a
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2 | contract with the owner or owners of record of the facility, | ||||||
3 | for paying
property taxes on the property. In a
cooperative or | ||||||
4 | a life care facility where a
homestead exemption has been | ||||||
5 | granted, the cooperative association or the
management firm of | ||||||
6 | the cooperative or facility shall credit the savings
resulting | ||||||
7 | from that exemption only to
the apportioned tax liability of | ||||||
8 | the owner or resident who qualified for
the exemption.
Any | ||||||
9 | person who willfully refuses to so credit the savings shall be | ||||||
10 | guilty of a
Class B misdemeanor. Under this Section and | ||||||
11 | Sections 15-175, 15-176, and 15-177, "life care
facility" means | ||||||
12 | a facility, as defined in Section 2 of the Life Care Facilities
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13 | Act, with which the applicant for the homestead exemption has a | ||||||
14 | life care
contract as defined in that Act.
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15 | When a homestead exemption has been granted under this | ||||||
16 | Section and the person
qualifying subsequently becomes a | ||||||
17 | resident of a facility licensed under the
Nursing Home Care | ||||||
18 | Act, the exemption shall continue so long as the residence
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19 | continues to be occupied by the qualifying person's spouse if | ||||||
20 | the spouse is 65
years of age or older, or if the residence | ||||||
21 | remains unoccupied but is still
owned by the person qualified | ||||||
22 | for the homestead exemption.
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23 | A person who will be 65 years of age
during the current | ||||||
24 | assessment year
shall
be eligible to apply for the homestead | ||||||
25 | exemption during that assessment
year.
Application shall be | ||||||
26 | made during the application period in effect for the
county of |
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1 | his residence.
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2 | Beginning with assessment year 2003, for taxes payable in | ||||||
3 | 2004,
property
that is first occupied as a residence after | ||||||
4 | January 1 of any assessment year by
a person who is eligible | ||||||
5 | for the senior citizens homestead exemption under this
Section | ||||||
6 | must be granted a pro-rata exemption for the assessment year. | ||||||
7 | The
amount of the pro-rata exemption is the exemption
allowed | ||||||
8 | in the county under this Section divided by 365 and multiplied | ||||||
9 | by the
number of days during the assessment year the property | ||||||
10 | is occupied as a
residence by a
person eligible for the | ||||||
11 | exemption under this Section. The chief county
assessment | ||||||
12 | officer must adopt reasonable procedures to establish | ||||||
13 | eligibility
for this pro-rata exemption.
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14 | The assessor or chief county assessment officer may | ||||||
15 | determine the eligibility
of a life care facility to receive | ||||||
16 | the benefits provided by this Section, by
affidavit, | ||||||
17 | application, visual inspection, questionnaire or other | ||||||
18 | reasonable
methods in order to insure that the tax savings | ||||||
19 | resulting from the exemption
are credited by the management | ||||||
20 | firm to the apportioned tax liability of each
qualifying | ||||||
21 | resident. The assessor may request reasonable proof that the
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22 | management firm has so credited the exemption.
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23 | The chief county assessment officer of each county with | ||||||
24 | less than 3,000,000
inhabitants shall provide to each person | ||||||
25 | allowed a homestead exemption under
this Section a form to | ||||||
26 | designate any other person to receive a
duplicate of any notice |
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1 | of delinquency in the payment of taxes assessed and
levied | ||||||
2 | under this Code on the property of the person receiving the | ||||||
3 | exemption.
The duplicate notice shall be in addition to the | ||||||
4 | notice required to be
provided to the person receiving the | ||||||
5 | exemption, and shall be given in the
manner required by this | ||||||
6 | Code. The person filing the request for the duplicate
notice | ||||||
7 | shall pay a fee of $5 to cover administrative costs to the | ||||||
8 | supervisor of
assessments, who shall then file the executed | ||||||
9 | designation with the county
collector. Notwithstanding any | ||||||
10 | other provision of this Code to the contrary,
the filing of | ||||||
11 | such an executed designation requires the county collector to
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12 | provide duplicate notices as indicated by the designation. A | ||||||
13 | designation may
be rescinded by the person who executed such | ||||||
14 | designation at any time, in the
manner and form required by the | ||||||
15 | chief county assessment officer.
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16 | The assessor or chief county assessment officer may | ||||||
17 | determine the
eligibility of residential property to receive | ||||||
18 | the homestead exemption provided
by this Section by | ||||||
19 | application, visual inspection, questionnaire or other
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20 | reasonable methods. The determination shall be made in | ||||||
21 | accordance with
guidelines established by the Department.
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22 | In counties with less than 3,000,000 inhabitants, the | ||||||
23 | county board may by
resolution provide that if a person has | ||||||
24 | been granted a homestead exemption
under this Section, the | ||||||
25 | person qualifying need not reapply for the exemption.
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26 | In counties with less than 3,000,000 inhabitants, if the |
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1 | assessor or chief
county assessment officer requires annual | ||||||
2 | application for verification of
eligibility for an exemption | ||||||
3 | once granted under this Section, the application
shall be | ||||||
4 | mailed to the taxpayer.
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5 | The assessor or chief county assessment officer shall | ||||||
6 | notify each person
who qualifies for an exemption under this | ||||||
7 | Section that the person may also
qualify for deferral of real | ||||||
8 | estate taxes under the Senior Citizens Real Estate
Tax Deferral | ||||||
9 | Act. The notice shall set forth the qualifications needed for
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10 | deferral of real estate taxes, the address and telephone number | ||||||
11 | of
county collector, and a
statement that applications for | ||||||
12 | deferral of real estate taxes may be obtained
from the county | ||||||
13 | collector.
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14 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
15 | no
reimbursement by the State is required for the | ||||||
16 | implementation of any mandate
created by this Section.
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17 | (Source: P.A. 94-794, eff. 5-22-06; 95-644, eff. 10-12-07; | ||||||
18 | 95-876, eff. 8-21-08.)
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
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