HB5830 98TH GENERAL ASSEMBLY

LRB098 18002 HLH 53127 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5830

Introduced , by Rep. Mike Fortner

SYNOPSIS AS INTRODUCED:

35 ILCS 200/15-10

Amends the Property Tax Code. Provides that titleholders or owners of the beneficial interest of property exempted under certain provisions of the Code are not required to submit an annual filing with the chief county assessment officer in order to maintain tax exempt status. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning revenue.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Property Tax Code is amended by changing Section 15-10 as follows:

(35 ILCS 200/15-10)

Sec. 15-10. Exempt property; procedures for certification.

(a) All property granted an exemption by the Department pursuant to the requirements of Section 15-5 and described in the Sections following Section 15-30 and preceding Section 16-5, to the extent therein limited, is exempt from taxation. In order to maintain that exempt status, the titleholder or the owner of the beneficial interest of any property that is exempt must file with the chief county assessment officer, on or before January 31 of each year (May 31 in the case of property exempted by Section 15-170), an affidavit stating whether there has been any change in the ownership or use of the property, the status of the owner-resident, the satisfaction by a relevant hospital entity of the condition for an exemption under Section 15-86, or that a disabled veteran who qualifies under Section 15-165 owned and used the property as of January 1 of that year. The nature of any change shall be stated in the affidavit. Failure to file an affidavit shall, in the discretion of the assessment officer, constitute cause to terminate the exemption of that property, notwithstanding any other provision of this Code. Owners of 5 or more such exempt parcels within a county may file a single annual affidavit in lieu of an affidavit for each parcel. The assessment officer, upon request, shall furnish an affidavit form to the owners, in which the owner may state whether there has been any change in the ownership or use of the property or status of the owner or resident as of January 1 of that year. The owner of 5 or more exempt parcels shall list all the properties giving the same information for each parcel as required of owners who file individual affidavits.

(b) However, titleholders or owners of the beneficial interest in any property exempted under any of the following provisions are not required to submit an annual filing under this Section:

(1) Section 15-45 (burial grounds) in counties of less than 3,000,000 inhabitants and owned by a not-for-profit organization.

(2) Section 15-40.

(3) Section 15-50 (United States property).

(4) Section 15-35 (schools), provided the school is owned by a public school district.

(5) Section 15-55 (State property).

(6) Section 15-60 (taxing district property).

(7) Subsection (e) of Section 15-65 (free public libraries), provided the public library is part of a public library district or part of another local government.

(8) Section 15-66 (library systems and public library districts).

(9) Section 15-70 (fire protection purposes), provided the property is owned by a fire protection district or another local government.

(10) Section 15-75 (municipal corporations).

(11) Section 15-95 (housing authorities).

(12) Section 15-100 (public transportation systems).

(13) Section 15-103 (bi-state development agencies).

(14) Section 15-105 (park and conservation districts).

(15) Section 15-110 (municipal development corporations).

(16) Section 15-115 (municipal power agencies).

(17) Section 15-120 (municipal natural gas agencies).

(18) Section 15-130 (municipal corporations providing railroad terminals).

(19) Section 15-135 (school districts and community college districts).

(20) Section 15-140 (public water districts and water and drainage works).

(21) Section 15-145 (metropolitan water reclamation districts in counties with a population greater than 3,000,000).

(22) Section 15-150 (forest preserve districts).

(23) Section 15-151 (Joliet Arsenal Development Authority).

(24) Section 15-155 (Port districts).

(25) Section 15-160 (Airport authorities and airports).

(c) If there is a change in use or ownership, however, notice must be filed pursuant to Section 15-20.

(d) An application for homestead exemptions shall be filed as provided in Section 15-170 (senior citizens homestead exemption), Section 15-172 (senior citizens assessment freeze homestead exemption), and Sections 15-175 (general homestead exemption), 15-176 (general alternative homestead exemption), and 15-177 (long-time occupant homestead exemption), respectively.

(e) For purposes of determining satisfaction of the condition for an exemption under Section 15-86:

(1) The "year for which exemption is sought" is the year prior to the year in which the affidavit is due.

(2) The "hospital year" is the fiscal year of the relevant hospital entity, or the fiscal year of one of the hospitals in the hospital system if the relevant hospital entity is a hospital system with members with different fiscal years, that ends in the year prior to the year in which the affidavit is due. However, if that fiscal year ends 3 months or less before the date on which the affidavit is due, the relevant hospital entity shall file an interim affidavit based on the currently available information, and shall file a supplemental affidavit within 90 days of date on which the application was due, if the information in the relevant hospital entity's audited financial statements changes the interim affidavit's statement concerning the entity's compliance with the calculation required by Section 15-86.

(3) The affidavit shall be accompanied by an exhibit prepared by the relevant hospital entity showing (A) the value of the relevant hospital entity's services and activities, if any, under items (1) through (7) of subsection (e) of Section 15-86, stated separately for each item, and (B) the value relating to the relevant hospital entity's estimated property tax liability under paragraphs (A), (B), and (C) of item (1) of subsection (g) of Section 15-86; under paragraphs (A), (B), and (C) of item (2) of subsection (g) of Section 15-86; and under item (3) of subsection (g) of Section 15-86.

(Source: P.A. 97-688, eff. 6-14-12.)

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