101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3588

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/9-275
35 ILCS 200/Art. 10 Div. 21 heading new
35 ILCS 200/10-800  was 35 ILCS 200/15-174
35 ILCS 200/Art. 15 Div. 1 heading new
35 ILCS 200/15-13 new
35 ILCS 200/Art. 15 Div. 2 heading new
35 ILCS 200/15-163 new
35 ILCS 200/15-167
35 ILCS 200/15-168
35 ILCS 200/15-169
35 ILCS 200/15-170
35 ILCS 200/15-172
35 ILCS 200/15-173
35 ILCS 200/15-175
35 ILCS 200/15-176
35 ILCS 200/15-177
35 ILCS 200/15-180
35 ILCS 200/Art. 15 Div. 3 heading new
35 ILCS 200/15-261 new
35 ILCS 200/15-262 new
35 ILCS 200/15-263 new
35 ILCS 200/15-265 new
35 ILCS 200/15-267 new
35 ILCS 200/15-268 new
35 ILCS 200/15-269 new
35 ILCS 200/15-270 new
35 ILCS 200/15-272 new
35 ILCS 200/15-273 new
35 ILCS 200/15-275 new
35 ILCS 200/15-280 new

    Amends the Property Tax Code. Makes structural changes concerning homestead exemptions by creating separate divisions for homestead exemptions in counties with 3,000,000 or more inhabitants and counties with fewer than 3,000,000 inhabitants. Effective January 1, 2020.


LRB101 08494 HLH 53571 b

 

 

A BILL FOR

 

HB3588LRB101 08494 HLH 53571 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by renumbering
5Section 15-174, by changing Sections 9-275, 15-167, 15-168,
615-169, 15-170, 15-172, 15-173, 15-175, 15-176, 15-177, and
715-180, by adding Division headings to Division 21 of Article
810, Division 1 of Article 15, and Division 2 of Article 15, and
9by adding Sections 15-13 and 15-163 and Division 3 of Article
1015 as follows:
 
11    (35 ILCS 200/9-275)
12    Sec. 9-275. Erroneous homestead exemptions.
13    (a) For purposes of this Section:
14    "Erroneous homestead exemption" means a homestead
15exemption that was granted for real property in a taxable year
16if the property was not eligible for that exemption in that
17taxable year. If the taxpayer receives an erroneous homestead
18exemption under a single Section of this Code for the same
19property in multiple years, that exemption is considered a
20single erroneous homestead exemption for purposes of this
21Section. However, if the taxpayer receives erroneous homestead
22exemptions under multiple Sections of this Code for the same
23property, or if the taxpayer receives erroneous homestead

 

 

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1exemptions under the same Section of this Code for multiple
2properties, then each of those exemptions is considered a
3separate erroneous homestead exemption for purposes of this
4Section.
5    "Homestead exemption" means an exemption under Division 2
6of Article 15 of this Code Section 15-165 (veterans with
7disabilities), 15-167 (returning veterans), 15-168 (persons
8with disabilities), 15-169 (standard homestead for veterans
9with disabilities), 15-170 (senior citizens), 15-172 (senior
10citizens assessment freeze), 15-175 (general homestead),
1115-176 (alternative general homestead), or 15-177 (long-time
12occupant).
13    "Erroneous exemption principal amount" means the total
14difference between the property taxes actually billed to a
15property index number and the amount of property taxes that
16would have been billed but for the erroneous exemption or
17exemptions.
18    "Taxpayer" means the property owner or leasehold owner that
19erroneously received a homestead exemption upon property.
20    (b) Notwithstanding any other provision of law, in counties
21with 3,000,000 or more inhabitants, the chief county assessment
22officer shall include the following information with each
23assessment notice sent in a general assessment year: (1) a list
24of each homestead exemption available under Article 15 of this
25Code and a description of the eligibility criteria for that
26exemption; (2) a list of each homestead exemption applied to

 

 

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1the property in the current assessment year; (3) information
2regarding penalties and interest that may be incurred under
3this Section if the taxpayer received an erroneous homestead
4exemption in a previous taxable year; and (4) notice of the
560-day grace period available under this subsection. If, within
660 days after receiving his or her assessment notice, the
7taxpayer notifies the chief county assessment officer that he
8or she received an erroneous homestead exemption in a previous
9taxable year, and if the taxpayer pays the erroneous exemption
10principal amount, plus interest as provided in subsection (f),
11then the taxpayer shall not be liable for the penalties
12provided in subsection (f) with respect to that exemption.
13    (c) In counties with 3,000,000 or more inhabitants, when
14the chief county assessment officer determines that one or more
15erroneous homestead exemptions was applied to the property, the
16erroneous exemption principal amount, together with all
17applicable interest and penalties as provided in subsections
18(f) and (j), shall constitute a lien in the name of the People
19of Cook County on the property receiving the erroneous
20homestead exemption. Upon becoming aware of the existence of
21one or more erroneous homestead exemptions, the chief county
22assessment officer shall cause to be served, by both regular
23mail and certified mail, a notice of discovery as set forth in
24subsection (c-5). The chief county assessment officer in a
25county with 3,000,000 or more inhabitants may cause a lien to
26be recorded against property that (1) is located in the county

 

 

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1and (2) received one or more erroneous homestead exemptions if,
2upon determination of the chief county assessment officer, the
3taxpayer received: (A) one or 2 erroneous homestead exemptions
4for real property, including at least one erroneous homestead
5exemption granted for the property against which the lien is
6sought, during any of the 3 collection years immediately prior
7to the current collection year in which the notice of discovery
8is served; or (B) 3 or more erroneous homestead exemptions for
9real property, including at least one erroneous homestead
10exemption granted for the property against which the lien is
11sought, during any of the 6 collection years immediately prior
12to the current collection year in which the notice of discovery
13is served. Prior to recording the lien against the property,
14the chief county assessment officer shall cause to be served,
15by both regular mail and certified mail, return receipt
16requested, on the person to whom the most recent tax bill was
17mailed and the owner of record, a notice of intent to record a
18lien against the property. The chief county assessment officer
19shall cause the notice of intent to record a lien to be served
20within 3 years from the date on which the notice of discovery
21was served.
22    (c-5) The notice of discovery described in subsection (c)
23shall: (1) identify, by property index number, the property for
24which the chief county assessment officer has knowledge
25indicating the existence of an erroneous homestead exemption;
26(2) set forth the taxpayer's liability for principal, interest,

 

 

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1penalties, and administrative costs including, but not limited
2to, recording fees described in subsection (f); (3) inform the
3taxpayer that he or she will be served with a notice of intent
4to record a lien within 3 years from the date of service of the
5notice of discovery; (4) inform the taxpayer that he or she may
6pay the outstanding amount, plus interest, penalties, and
7administrative costs at any time prior to being served with the
8notice of intent to record a lien or within 30 days after the
9notice of intent to record a lien is served; and (5) inform the
10taxpayer that, if the taxpayer provided notice to the chief
11county assessment officer as provided in subsection (d-1) of
12Section 15-175 of this Code, upon submission by the taxpayer of
13evidence of timely notice and receipt thereof by the chief
14county assessment officer, the chief county assessment officer
15will withdraw the notice of discovery and reissue a notice of
16discovery in compliance with this Section in which the taxpayer
17is not liable for interest and penalties for the current tax
18year in which the notice was received.
19    For the purposes of this subsection (c-5):
20    "Collection year" means the year in which the first and
21second installment of the current tax year is billed.
22    "Current tax year" means the year prior to the collection
23year.
24    (d) The notice of intent to record a lien described in
25subsection (c) shall: (1) identify, by property index number,
26the property against which the lien is being sought; (2)

 

 

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1identify each specific homestead exemption that was
2erroneously granted and the year or years in which each
3exemption was granted; (3) set forth the erroneous exemption
4principal amount due and the interest amount and any penalty
5and administrative costs due; (4) inform the taxpayer that he
6or she may request a hearing within 30 days after service and
7may appeal the hearing officer's ruling to the circuit court;
8(5) inform the taxpayer that he or she may pay the erroneous
9exemption principal amount, plus interest and penalties,
10within 30 days after service; and (6) inform the taxpayer that,
11if the lien is recorded against the property, the amount of the
12lien will be adjusted to include the applicable recording fee
13and that fees for recording a release of the lien shall be
14incurred by the taxpayer. A lien shall not be filed pursuant to
15this Section if the taxpayer pays the erroneous exemption
16principal amount, plus penalties and interest, within 30 days
17of service of the notice of intent to record a lien.
18    (e) The notice of intent to record a lien shall also
19include a form that the taxpayer may return to the chief county
20assessment officer to request a hearing. The taxpayer may
21request a hearing by returning the form within 30 days after
22service. The hearing shall be held within 90 days after the
23taxpayer is served. The chief county assessment officer shall
24promulgate rules of service and procedure for the hearing. The
25chief county assessment officer must generally follow rules of
26evidence and practices that prevail in the county circuit

 

 

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1courts, but, because of the nature of these proceedings, the
2chief county assessment officer is not bound by those rules in
3all particulars. The chief county assessment officer shall
4appoint a hearing officer to oversee the hearing. The taxpayer
5shall be allowed to present evidence to the hearing officer at
6the hearing. After taking into consideration all the relevant
7testimony and evidence, the hearing officer shall make an
8administrative decision on whether the taxpayer was
9erroneously granted a homestead exemption for the taxable year
10in question. The taxpayer may appeal the hearing officer's
11ruling to the circuit court of the county where the property is
12located as a final administrative decision under the
13Administrative Review Law.
14    (f) A lien against the property imposed under this Section
15shall be filed with the county recorder of deeds, but may not
16be filed sooner than 60 days after the notice of intent to
17record a lien was delivered to the taxpayer if the taxpayer
18does not request a hearing, or until the conclusion of the
19hearing and all appeals if the taxpayer does request a hearing.
20If a lien is filed pursuant to this Section and the taxpayer
21received one or 2 erroneous homestead exemptions during any of
22the 3 collection years immediately prior to the current
23collection year in which the notice of discovery is served,
24then the erroneous exemption principal amount, plus 10%
25interest per annum or portion thereof from the date the
26erroneous exemption principal amount would have become due if

 

 

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1properly included in the tax bill, shall be charged against the
2property by the chief county assessment officer. However, if a
3lien is filed pursuant to this Section and the taxpayer
4received 3 or more erroneous homestead exemptions during any of
5the 6 collection years immediately prior to the current
6collection year in which the notice of discovery is served, the
7erroneous exemption principal amount, plus a penalty of 50% of
8the total amount of the erroneous exemption principal amount
9for that property and 10% interest per annum or portion thereof
10from the date the erroneous exemption principal amount would
11have become due if properly included in the tax bill, shall be
12charged against the property by the chief county assessment
13officer. If a lien is filed pursuant to this Section, the
14taxpayer shall not be liable for interest that accrues between
15the date the notice of discovery is served and the date the
16lien is filed. Before recording the lien with the county
17recorder of deeds, the chief county assessment officer shall
18adjust the amount of the lien to add administrative costs,
19including but not limited to the applicable recording fee, to
20the total lien amount.
21    (g) If a person received an erroneous homestead exemption
22under Section 15-170 and: (1) the person was the spouse, child,
23grandchild, brother, sister, niece, or nephew of the previous
24taxpayer; and (2) the person received the property by bequest
25or inheritance; then the person is not liable for the penalties
26imposed under this Section for any year or years during which

 

 

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1the chief county assessment officer did not require an annual
2application for the exemption. However, that person is
3responsible for any interest owed under subsection (f).
4    (h) If the erroneous homestead exemption was granted as a
5result of a clerical error or omission on the part of the chief
6county assessment officer, and if the taxpayer has paid the tax
7bills as received for the year in which the error occurred,
8then the interest and penalties authorized by this Section with
9respect to that homestead exemption shall not be chargeable to
10the taxpayer. However, nothing in this Section shall prevent
11the collection of the erroneous exemption principal amount due
12and owing.
13    (i) A lien under this Section is not valid as to (1) any
14bona fide purchaser for value without notice of the erroneous
15homestead exemption whose rights in and to the underlying
16parcel arose after the erroneous homestead exemption was
17granted but before the filing of the notice of lien; or (2) any
18mortgagee, judgment creditor, or other lienor whose rights in
19and to the underlying parcel arose before the filing of the
20notice of lien. A title insurance policy for the property that
21is issued by a title company licensed to do business in the
22State showing that the property is free and clear of any liens
23imposed under this Section shall be prima facie evidence that
24the taxpayer is without notice of the erroneous homestead
25exemption. Nothing in this Section shall be deemed to impair
26the rights of subsequent creditors and subsequent purchasers

 

 

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1under Section 30 of the Conveyances Act.
2    (j) When a lien is filed against the property pursuant to
3this Section, the chief county assessment officer shall mail a
4copy of the lien to the person to whom the most recent tax bill
5was mailed and to the owner of record, and the outstanding
6liability created by such a lien is due and payable within 30
7days after the mailing of the lien by the chief county
8assessment officer. This liability is deemed delinquent and
9shall bear interest beginning on the day after the due date at
10a rate of 1.5% per month or portion thereof. Payment shall be
11made to the county treasurer. Upon receipt of the full amount
12due, as determined by the chief county assessment officer, the
13county treasurer shall distribute the amount paid as provided
14in subsection (k). Upon presentment by the taxpayer to the
15chief county assessment officer of proof of payment of the
16total liability, the chief county assessment officer shall
17provide in reasonable form a release of the lien. The release
18of the lien provided shall clearly inform the taxpayer that it
19is the responsibility of the taxpayer to record the lien
20release form with the county recorder of deeds and to pay any
21applicable recording fees.
22    (k) The county treasurer shall pay collected erroneous
23exemption principal amounts, pro rata, to the taxing districts,
24or their legal successors, that levied upon the subject
25property in the taxable year or years for which the erroneous
26homestead exemptions were granted, except as set forth in this

 

 

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1Section. The county treasurer shall deposit collected
2penalties and interest into a special fund established by the
3county treasurer to offset the costs of administration of the
4provisions of this Section by the chief county assessment
5officer's office, as appropriated by the county board. If the
6costs of administration of this Section exceed the amount of
7interest and penalties collected in the special fund, the chief
8county assessor shall be reimbursed by each taxing district or
9their legal successors for those costs. Such costs shall be
10paid out of the funds collected by the county treasurer on
11behalf of each taxing district pursuant to this Section.
12    (l) The chief county assessment officer in a county with
133,000,000 or more inhabitants shall establish an amnesty period
14for all taxpayers owing any tax due to an erroneous homestead
15exemption granted in a tax year prior to the 2013 tax year. The
16amnesty period shall begin on the effective date of this
17amendatory Act of the 98th General Assembly and shall run
18through December 31, 2013. If, during the amnesty period, the
19taxpayer pays the entire arrearage of taxes due for tax years
20prior to 2013, the county clerk shall abate and not seek to
21collect any interest or penalties that may be applicable and
22shall not seek civil or criminal prosecution for any taxpayer
23for tax years prior to 2013. Failure to pay all such taxes due
24during the amnesty period established under this Section shall
25invalidate the amnesty period for that taxpayer.
26    The chief county assessment officer in a county with

 

 

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13,000,000 or more inhabitants shall (i) mail notice of the
2amnesty period with the tax bills for the second installment of
3taxes for the 2012 assessment year and (ii) as soon as possible
4after the effective date of this amendatory Act of the 98th
5General Assembly, publish notice of the amnesty period in a
6newspaper of general circulation in the county. Notices shall
7include information on the amnesty period, its purpose, and the
8method by which to make payment.
9    Taxpayers who are a party to any criminal investigation or
10to any civil or criminal litigation that is pending in any
11circuit court or appellate court, or in the Supreme Court of
12this State, for nonpayment, delinquency, or fraud in relation
13to any property tax imposed by any taxing district located in
14the State on the effective date of this amendatory Act of the
1598th General Assembly may not take advantage of the amnesty
16period.
17    A taxpayer who has claimed 3 or more homestead exemptions
18in error shall not be eligible for the amnesty period
19established under this subsection.
20(Source: P.A. 98-93, eff. 7-16-13; 98-756, eff. 7-16-14;
2198-811, eff. 1-1-15; 98-1143, eff. 1-1-15; 99-143, eff.
227-27-15; 99-851, eff. 8-19-16.)
 
23    (35 ILCS 200/Art. 10 Div. 21 heading new)
24
Division 21. Community stabilization assessment freeze pilot
25
program

 

 

 

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1    (35 ILCS 200/10-800)  (was 35 ILCS 200/15-174)
2    Sec. 10-800 15-174. Community stabilization assessment
3freeze pilot program.
4    (a) Beginning January 1, 2015 and ending June 30, 2029, the
5chief county assessment officer of any county may reduce the
6assessed value of improvements to residential real property in
7accordance with subsection (b) for 10 taxable years after the
8improvements are put in service, if and only if all of the
9following factors have been met:
10        (1) the improvements are residential;
11        (2) the parcel was purchased or otherwise conveyed to
12    the taxpayer after January 1 of the taxable year and that
13    conveyance was not a tax sale as required under the
14    Property Tax Code;
15        (3) the parcel is located in a targeted area;
16        (4) for single family homes, the taxpayer occupies the
17    improvements on the parcel as his or her primary residence;
18    for residences of one to 6 units that will not be
19    owner-occupied, the taxpayer replaces 2 primary building
20    systems as outlined in this Section;
21        (5) the transfer from the holder of the prior mortgage
22    to the taxpayer was an arm's length transaction, in that
23    the taxpayer has no legal relationship to the holder of the
24    prior mortgage;
25        (6) an existing residential dwelling structure of no

 

 

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1    more than 6 units on the parcel was unoccupied at the time
2    of conveyance for a minimum of 6 months, or the parcel was
3    ordered by a court of competent jurisdiction to be
4    deconverted in accordance with the provisions governing
5    distressed condominiums as provided in the Condominium
6    Property Act;
7        (7) the parcel is clear of unreleased liens and has no
8    outstanding tax liabilities attached against it; and
9        (8) the purchase price did not exceed the Federal
10    Housing Administration's loan limits then in place for the
11    area in which the improvement is located.
12    To be eligible for the benefit conferred by this Section,
13residential units must (i) meet local building codes, or if
14there are no local building codes, Housing Quality Standards,
15as determined by the U.S. Department of Housing and Urban
16Development from time to time and (ii) be owner-occupied or in
17need of substantial rehabilitation. "Substantial
18rehabilitation" means, at a minimum, compliance with local
19building codes and the replacement or renovation of at least 2
20primary building systems. Although the cost of each primary
21building system may vary, the combined expenditure for making
22the building compliant with local codes and replacing primary
23building systems must be at least $5 per square foot, adjusted
24by the Consumer Price Index for All Urban Consumers, as
25published annually by the U.S. Department of Labor. "Primary
26building systems", together with their related

 

 

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1rehabilitations, specifically approved for this program are:
2        (1) Electrical. All electrical work must comply with
3    applicable codes; it may consist of a combination of any of
4    the following alternatives:
5            (A) installing individual equipment and appliance
6        branch circuits as required by code (the minimum being
7        a kitchen appliance branch circuit);
8            (B) installing a new emergency service, including
9        emergency lighting with all associated conduits and
10        wiring;
11            (C) rewiring all existing feeder conduits ("home
12        runs") from the main switchgear to apartment area
13        distribution panels;
14            (D) installing new in-wall conduits for
15        receptacles, switches, appliances, equipment, and
16        fixtures;
17            (E) replacing power wiring for receptacles,
18        switches, appliances, equipment, and fixtures;
19            (F) installing new light fixtures throughout the
20        building including closets and central areas;
21            (G) replacing, adding, or doing work as necessary
22        to bring all receptacles, switches, and other
23        electrical devices into code compliance;
24            (H) installing a new main service, including
25        conduit, cables into the building, and main disconnect
26        switch; and

 

 

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1            (I) installing new distribution panels, including
2        all panel wiring, terminals, circuit breakers, and all
3        other panel devices.
4        (2) Heating. All heating work must comply with
5    applicable codes; it may consist of a combination of any of
6    the following alternatives:
7            (A) installing a new system to replace one of the
8        following heat distribution systems: (i) piping and
9        heat radiating units, including new main line venting
10        and radiator venting; or (ii) duct work, diffusers, and
11        cold air returns; or (iii) any other type of existing
12        heat distribution and radiation/diffusion components;
13        or
14            (B) installing a new system to replace one of the
15        following heat generating units: (i) hot water/steam
16        boiler; (ii) gas furnace; or (iii) any other type of
17        existing heat generating unit.
18        (3) Plumbing. All plumbing work must comply with
19    applicable codes. Replace all or a part of the in-wall
20    supply and waste plumbing; however, main supply risers,
21    waste stacks and vents, and code-conforming waste lines
22    need not be replaced.
23        (4) Roofing. All roofing work must comply with
24    applicable codes; it may consist of either of the following
25    alternatives, separately or in combination:
26            (A) replacing all rotted roof decks and

 

 

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1        insulation; or
2            (B) replacing or repairing leaking roof membranes
3        (10% is the suggested minimum replacement of
4        membrane); restoration of the entire roof is an
5        acceptable substitute for membrane replacement.
6        (5) Exterior doors and windows. Replace the exterior
7    doors and windows. Renovation of ornate entry doors is an
8    acceptable substitute for replacement.
9        (6) Floors, walls, and ceilings. Finishes must be
10    replaced or covered over with new material. Acceptable
11    replacement or covering materials are as follows:
12            (A) floors must have new carpeting, vinyl tile,
13        ceramic, refurbished wood finish, or a similar
14        substitute;
15            (B) walls must have new drywall, including joint
16        taping and painting; or
17            (C) new ceilings must be either drywall, suspended
18        type, or a similar substitute.
19        (7) Exterior walls.
20            (A) replace loose or crumbling mortar and masonry
21        with new material;
22            (B) replace or paint wall siding and trim as
23        needed;
24            (C) bring porches and balconies to a sound
25        condition; or
26            (D) any combination of (A), (B), and (C).

 

 

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1        (8) Elevators. Where applicable, at least 4 of the
2    following 7 alternatives must be accomplished:
3            (A) replace or rebuild the machine room controls
4        and refurbish the elevator machine (or equivalent
5        mechanisms in the case of hydraulic elevators);
6            (B) replace hoistway electro-mechanical items
7        including: ropes, switches, limits, buffers, levelers,
8        and deflector sheaves (or equivalent mechanisms in the
9        case of hydraulic elevators);
10            (C) replace hoistway wiring;
11            (D) replace door operators and linkage;
12            (E) replace door panels at each opening;
13            (F) replace hall stations, car stations, and
14        signal fixtures; or
15            (G) rebuild the car shell and refinish the
16        interior.
17        (9) Health and safety.
18            (A) install or replace fire suppression systems;
19            (B) install or replace security systems; or
20            (C) environmental remediation of lead-based paint,
21        asbestos, leaking underground storage tanks, or radon.
22        (10) Energy conservation improvements undertaken to
23    limit the amount of solar energy absorbed by a building's
24    roof or to reduce energy use for the property, including
25    any of the following activities:
26            (A) installing or replacing reflective roof

 

 

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1        coatings (flat roofs);
2            (B) installing or replacing R-38 roof insulation;
3            (C) installing or replacing R-19 perimeter wall
4        insulation;
5            (D) installing or replacing insulated entry doors;
6            (E) installing or replacing Low E, insulated
7        windows;
8            (F) installing or replacing low-flow plumbing
9        fixtures;
10            (G) installing or replacing 90% sealed combustion
11        heating systems;
12            (H) installing or replacing direct exhaust hot
13        water heaters;
14            (I) installing or replacing mechanical ventilation
15        to exterior for kitchens and baths;
16            (J) installing or replacing Energy Star
17        appliances;
18            (K) installing low VOC interior paints on interior
19        finishes;
20            (L) installing or replacing fluorescent lighting
21        in common areas; or
22            (M) installing or replacing grading and
23        landscaping to promote on-site water retention.
24    (b) For the first 7 years after the improvements are placed
25in service, the assessed value of the improvements shall be
26reduced by an amount equal to 90% of the difference between the

 

 

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1base year assessed value of the improvements and the assessed
2value of the improvements in the current taxable year. The
3property will continue to be eligible for the benefits under
4this Section in the eighth and ninth taxable years after the
5improvements are placed in service, calculated as follows, if
6and only if all of the factors in subsection (a) of this
7Section continue to be met: in the eighth taxable year, the
8assessed value of the improvements shall be reduced by an
9amount equal to 65% of the difference between the base year
10assessed value of the improvements and the assessed value of
11the improvements in the current taxable year, and in the ninth
12taxable year, the assessed value of the improvements shall be
13reduced by an amount equal to 35% of the difference between the
14base year assessed value of the improvements and the assessed
15value of the improvements in the current taxable year. The
16benefit will cease in the tenth taxable year.
17    (c) In order to receive benefits under this Section, in
18addition to any information required by the chief county
19assessment officer, the taxpayer must also submit the following
20information to the chief county assessment officer for review:
21        (1) the owner's name;
22        (2) the postal address and permanent index number of
23    the parcel;
24        (3) a deed or other instrument conveying the parcel to
25    the current owner;
26        (4) evidence that the purchase price is within the

 

 

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1    Federal Housing Administration's loan limits for the area
2    in which the improvement is located;
3        (5) certification that the parcel was unoccupied at the
4    time of conveyance to the current owner for a minimum of at
5    least 6 months;
6        (6) evidence that the parcel is clear of unreleased
7    liens and has no outstanding tax liabilities attached
8    against it;
9        (7) evidence that the improvements meet local building
10    codes, or if there are no local building codes, Housing
11    Quality Standards, as determined by the U.S. Department of
12    Housing and Urban Development from time to time, which may
13    be shown by a certificate of occupancy issued by the
14    appropriate local government or the certification by a home
15    inspector licensed by the State of Illinois; and
16        (8) any additional information as reasonably required
17    by the chief county assessment officer.
18    (d) The chief county assessment officer shall notify the
19taxpayer as to whether or not the parcel meets the requirements
20of this Section. If the parcel does not meet the requirements
21of this Section, the chief county assessment officer shall
22provide written notice of any deficiencies to the taxpayer, who
23will then have 14 days from the date of notification to provide
24supplemental information showing compliance with this Section.
25If the taxpayer does not exercise this right to cure the
26deficiency, or if the information submitted, in the sole

 

 

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1judgment of the chief county assessment officer, is
2insufficient to meet the requirements of this Section, the
3chief county assessment officer shall provide a written
4explanation of the reasons for denial. A taxpayer may
5subsequently reapply for the benefit if the deficiencies are
6cured at a later date, but no later than 2019. The chief county
7assessment officer may charge a reasonable application fee to
8offset the administrative expenses associated with the
9program.
10    (e) The benefit conferred by this Section is limited as
11follows:
12        (1) The owner is eligible to apply for the benefit
13    conferred by this Section beginning January 1, 2015 through
14    December 31, 2019. If approved, the reduction will be
15    effective for the current taxable year, which will be
16    reflected in the tax bill issued in the following taxable
17    year.
18        (2) The reduction outlined in this Section shall
19    continue for a period of 10 years, and may not be extended
20    or renewed for any additional period.
21        (3) At the completion of the assessment freeze period
22    described here, the entire parcel will be assessed as
23    otherwise provided in this Code.
24        (4) If there is a transfer of ownership during the
25    period of the assessment freeze, then the benefit conferred
26    by this Section shall not apply on or after the date of

 

 

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1    that transfer unless (i) the property is conveyed by an
2    owner who does not occupy the improvements as a primary
3    residence to an owner who will occupy the improvements as a
4    primary residence and (ii) all requirements of this Section
5    continue to be met.
6    (f) If the taxpayer does not occupy or intend to occupy the
7residential dwelling as his or her principal residence within a
8reasonable time, as determined by the chief county assessment
9officer, the taxpayer must:
10        (1) immediately secure the residential dwelling in
11    accordance with the requirements of this Section;
12        (2) complete sufficient rehabilitation to bring the
13    improvements into compliance with local building codes,
14    including, without limitation, regulations concerning
15    lead-based paint and asbestos remediation; and
16        (3) complete rehabilitation within 18 months of
17    conveyance.
18    (g) For the purposes of this Section,
19        "Base year" means the taxable year prior to the taxable
20    year in which the property is purchased by the eligible
21    homeowner.
22        "Secure" means that:
23            (1) all doors and windows are closed and secured
24        using secure doors, windows without broken or cracked
25        panes, commercial-quality metal security panels filled
26        with like-kind material as the surrounding wall, or

 

 

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1        plywood installed and secured in accordance with local
2        ordinances; at least one building entrance shall be
3        accessible from the exterior and secured with a door
4        that is locked to allow access only to authorized
5        persons;
6            (2) all grass and weeds on the vacant residential
7        property are maintained below 10 inches in height,
8        unless a local ordinance imposes a lower height;
9            (3) debris, trash, and litter on any portion of the
10        exterior of the vacant residential property is removed
11        in compliance with local ordinance;
12            (4) fences, gates, stairs, and steps that lead to
13        the main entrance of the building are maintained in a
14        structurally sound and reasonable manner;
15            (5) the property is winterized when appropriate;
16            (6) the exterior of the improvements are
17        reasonably maintained to ensure the safety of
18        passersby; and
19            (7) vermin and pests are regularly exterminated on
20        the exterior and interior of the property.
21        "Targeted area" means a distressed community that
22    meets the geographic, poverty, and unemployment criteria
23    for a distressed community set forth in 12 C.F.R. 1806.200.
24(Source: P.A. 98-789, eff. 1-1-15.)
 
25    (35 ILCS 200/Art. 15 Div. 1 heading new)

 

 

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1
Division 1. Non-homestead exemptions in all counties

 
2    (35 ILCS 200/15-13 new)
3    Sec. 15-13. Applicability. This Division 1 applies in all
4counties and encompasses this Section and Sections occurring
5after this Section and prior to Section 15-163.
 
6    (35 ILCS 200/Art. 15 Div. 2 heading new)
7
Division 2. Homestead exemptions in counties of 3,000,000 or
8
more inhabitants

 
9    (35 ILCS 200/15-163 new)
10    Sec. 15-163. Applicability. This Division 2 applies in
11counties with 3,000,000 or more inhabitants and encompasses
12this Section and Sections occurring after this Section and
13prior to Section 15-261.
 
14    (35 ILCS 200/15-167)
15    Sec. 15-167. Returning Veterans' Homestead Exemption.
16    (a) Beginning with taxable year 2007, a homestead
17exemption, limited to a reduction set forth under subsection
18(b), from the property's value, as equalized or assessed by the
19Department, is granted for property that is owned and occupied
20as the principal residence of a veteran returning from an armed
21conflict involving the armed forces of the United States who is
22liable for paying real estate taxes on the property and is an

 

 

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1owner of record of the property or has a legal or equitable
2interest therein as evidenced by a written instrument, except
3for a leasehold interest, other than a leasehold interest of
4land on which a single family residence is located, which is
5occupied as the principal residence of a veteran returning from
6an armed conflict involving the armed forces of the United
7States who has an ownership interest therein, legal, equitable
8or as a lessee, and on which he or she is liable for the payment
9of property taxes. For purposes of the exemption under this
10Section, "veteran" means an Illinois resident who has served as
11a member of the United States Armed Forces, a member of the
12Illinois National Guard, or a member of the United States
13Reserve Forces.
14    (b) The In all counties, the reduction is $5,000 for the
15taxable year in which the veteran returns from active duty in
16an armed conflict involving the armed forces of the United
17States; however, if the veteran first acquires his or her
18principal residence during the taxable year in which he or she
19returns, but after January 1 of that year, and if the property
20is owned and occupied by the veteran as a principal residence
21on January 1 of the next taxable year, he or she may apply the
22exemption for the next taxable year, and only the next taxable
23year, after he or she returns. Beginning in taxable year 2010,
24the reduction shall also be allowed for the taxable year after
25the taxable year in which the veteran returns from active duty
26in an armed conflict involving the armed forces of the United

 

 

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1States. For land improved with an apartment building owned and
2operated as a cooperative, the maximum reduction from the value
3of the property, as equalized by the Department, must be
4multiplied by the number of apartments or units occupied by a
5veteran returning from an armed conflict involving the armed
6forces of the United States who is liable, by contract with the
7owner or owners of record, for paying property taxes on the
8property and is an owner of record of a legal or equitable
9interest in the cooperative apartment building, other than a
10leasehold interest. In a cooperative where a homestead
11exemption has been granted, the cooperative association or the
12management firm of the cooperative or facility shall credit the
13savings resulting from that exemption only to the apportioned
14tax liability of the owner or resident who qualified for the
15exemption. Any person who willfully refuses to so credit the
16savings is guilty of a Class B misdemeanor.
17    (c) Application must be made during the application period
18in effect for the county of his or her residence. The assessor
19or chief county assessment officer may determine the
20eligibility of residential property to receive the homestead
21exemption provided by this Section by application, visual
22inspection, questionnaire, or other reasonable methods. The
23determination must be made in accordance with guidelines
24established by the Department.
25    (d) The exemption under this Section is in addition to any
26other homestead exemption provided in this Article 15.

 

 

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1Notwithstanding Sections 6 and 8 of the State Mandates Act, no
2reimbursement by the State is required for the implementation
3of any mandate created by this Section.
4(Source: P.A. 96-1288, eff. 7-26-10; 96-1418, eff. 8-2-10;
597-333, eff. 8-12-11.)
 
6    (35 ILCS 200/15-168)
7    Sec. 15-168. Homestead exemption for persons with
8disabilities.
9    (a) Beginning with taxable year 2007, an annual homestead
10exemption is granted to persons with disabilities in the amount
11of $2,000, except as provided in subsection (c), to be deducted
12from the property's value as equalized or assessed by the
13Department of Revenue. The person with a disability shall
14receive the homestead exemption upon meeting the following
15requirements:
16        (1) The property must be occupied as the primary
17    residence by the person with a disability.
18        (2) The person with a disability must be liable for
19    paying the real estate taxes on the property.
20        (3) The person with a disability must be an owner of
21    record of the property or have a legal or equitable
22    interest in the property as evidenced by a written
23    instrument. In the case of a leasehold interest in
24    property, the lease must be for a single family residence.
25    A person who has a disability during the taxable year is

 

 

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1eligible to apply for this homestead exemption during that
2taxable year. Application must be made during the application
3period in effect for the county of residence. If a homestead
4exemption has been granted under this Section and the person
5awarded the exemption subsequently becomes a resident of a
6facility licensed under the Nursing Home Care Act, the
7Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
8Community Care Act, or the MC/DD Act, then the exemption shall
9continue (i) so long as the residence continues to be occupied
10by the qualifying person's spouse or (ii) if the residence
11remains unoccupied but is still owned by the person qualified
12for the homestead exemption.
13    (b) For the purposes of this Section, "person with a
14disability" means a person unable to engage in any substantial
15gainful activity by reason of a medically determinable physical
16or mental impairment which can be expected to result in death
17or has lasted or can be expected to last for a continuous
18period of not less than 12 months. Persons with disabilities
19filing claims under this Act shall submit proof of disability
20in such form and manner as the Department shall by rule and
21regulation prescribe. Proof that a claimant is eligible to
22receive disability benefits under the Federal Social Security
23Act shall constitute proof of disability for purposes of this
24Act. Issuance of an Illinois Person with a Disability
25Identification Card stating that the claimant is under a Class
262 disability, as defined in Section 4A of the Illinois

 

 

HB3588- 30 -LRB101 08494 HLH 53571 b

1Identification Card Act, shall constitute proof that the person
2named thereon is a person with a disability for purposes of
3this Act. A person with a disability not covered under the
4Federal Social Security Act and not presenting an Illinois
5Person with a Disability Identification Card stating that the
6claimant is under a Class 2 disability shall be examined by a
7physician, advanced practice registered nurse, or physician
8assistant designated by the Department, and his status as a
9person with a disability determined using the same standards as
10used by the Social Security Administration. The costs of any
11required examination shall be borne by the claimant.
12    (c) For land improved with (i) an apartment building owned
13and operated as a cooperative or (ii) a life care facility as
14defined under Section 2 of the Life Care Facilities Act that is
15considered to be a cooperative, the maximum reduction from the
16value of the property, as equalized or assessed by the
17Department, shall be multiplied by the number of apartments or
18units occupied by a person with a disability. The person with a
19disability shall receive the homestead exemption upon meeting
20the following requirements:
21        (1) The property must be occupied as the primary
22    residence by the person with a disability.
23        (2) The person with a disability must be liable by
24    contract with the owner or owners of record for paying the
25    apportioned property taxes on the property of the
26    cooperative or life care facility. In the case of a life

 

 

HB3588- 31 -LRB101 08494 HLH 53571 b

1    care facility, the person with a disability must be liable
2    for paying the apportioned property taxes under a life care
3    contract as defined in Section 2 of the Life Care
4    Facilities Act.
5        (3) The person with a disability must be an owner of
6    record of a legal or equitable interest in the cooperative
7    apartment building. A leasehold interest does not meet this
8    requirement.
9If a homestead exemption is granted under this subsection, the
10cooperative association or management firm shall credit the
11savings resulting from the exemption to the apportioned tax
12liability of the qualifying person with a disability. The
13assessor chief county assessment officer may request
14reasonable proof that the association or firm has properly
15credited the exemption. A person who willfully refuses to
16credit an exemption to the qualified person with a disability
17is guilty of a Class B misdemeanor.
18    (d) The assessor chief county assessment officer shall
19determine the eligibility of property to receive the homestead
20exemption according to guidelines established by the
21Department. After a person has received an exemption under this
22Section, an annual verification of eligibility for the
23exemption shall be mailed to the taxpayer.
24    In counties with fewer than 3,000,000 inhabitants, the
25chief county assessment officer shall provide to each person
26granted a homestead exemption under this Section a form to

 

 

HB3588- 32 -LRB101 08494 HLH 53571 b

1designate any other person to receive a duplicate of any notice
2of delinquency in the payment of taxes assessed and levied
3under this Code on the person's qualifying property. The
4duplicate notice shall be in addition to the notice required to
5be provided to the person receiving the exemption and shall be
6given in the manner required by this Code. The person filing
7the request for the duplicate notice shall pay an
8administrative fee of $5 to the chief county assessment
9officer. The assessment officer shall then file the executed
10designation with the county collector, who shall issue the
11duplicate notices as indicated by the designation. A
12designation may be rescinded by the person with a disability in
13the manner required by the chief county assessment officer.
14    (e) A taxpayer who claims an exemption under Section 15-165
15or 15-169 may not claim an exemption under this Section.
16(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
1799-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-513, eff.
181-1-18.)
 
19    (35 ILCS 200/15-169)
20    Sec. 15-169. Homestead exemption for veterans with
21disabilities.
22    (a) Beginning with taxable year 2007, an annual homestead
23exemption, limited to the amounts set forth in subsections (b)
24and (b-3), is granted for property that is used as a qualified
25residence by a veteran with a disability.

 

 

HB3588- 33 -LRB101 08494 HLH 53571 b

1    (b) For taxable years prior to 2015, the amount of the
2exemption under this Section is as follows:
3        (1) for veterans with a service-connected disability
4    of at least (i) 75% for exemptions granted in taxable years
5    2007 through 2009 and (ii) 70% for exemptions granted in
6    taxable year 2010 and each taxable year thereafter, as
7    certified by the United States Department of Veterans
8    Affairs, the annual exemption is $5,000; and
9        (2) for veterans with a service-connected disability
10    of at least 50%, but less than (i) 75% for exemptions
11    granted in taxable years 2007 through 2009 and (ii) 70% for
12    exemptions granted in taxable year 2010 and each taxable
13    year thereafter, as certified by the United States
14    Department of Veterans Affairs, the annual exemption is
15    $2,500.
16    (b-3) For taxable years 2015 and thereafter:
17        (1) if the veteran has a service connected disability
18    of 30% or more but less than 50%, as certified by the
19    United States Department of Veterans Affairs, then the
20    annual exemption is $2,500;
21        (2) if the veteran has a service connected disability
22    of 50% or more but less than 70%, as certified by the
23    United States Department of Veterans Affairs, then the
24    annual exemption is $5,000; and
25        (3) if the veteran has a service connected disability
26    of 70% or more, as certified by the United States

 

 

HB3588- 34 -LRB101 08494 HLH 53571 b

1    Department of Veterans Affairs, then the property is exempt
2    from taxation under this Code.
3    (b-5) If a homestead exemption is granted under this
4Section and the person awarded the exemption subsequently
5becomes a resident of a facility licensed under the Nursing
6Home Care Act or a facility operated by the United States
7Department of Veterans Affairs, then the exemption shall
8continue (i) so long as the residence continues to be occupied
9by the qualifying person's spouse or (ii) if the residence
10remains unoccupied but is still owned by the person who
11qualified for the homestead exemption.
12    (c) The tax exemption under this Section carries over to
13the benefit of the veteran's surviving spouse as long as the
14spouse holds the legal or beneficial title to the homestead,
15permanently resides thereon, and does not remarry. If the
16surviving spouse sells the property, an exemption not to exceed
17the amount granted from the most recent ad valorem tax roll may
18be transferred to his or her new residence as long as it is
19used as his or her primary residence and he or she does not
20remarry.
21    (c-1) Beginning with taxable year 2015, nothing in this
22Section shall require the veteran to have qualified for or
23obtained the exemption before death if the veteran was killed
24in the line of duty.
25    (d) The exemption under this Section applies for taxable
26year 2007 and thereafter. A taxpayer who claims an exemption

 

 

HB3588- 35 -LRB101 08494 HLH 53571 b

1under Section 15-165 or 15-168 may not claim an exemption under
2this Section.
3    (e) Each taxpayer who has been granted an exemption under
4this Section must reapply on an annual basis. Application must
5be made during the application period in effect for the county
6of his or her residence. The assessor or chief county
7assessment officer may determine the eligibility of
8residential property to receive the homestead exemption
9provided by this Section by application, visual inspection,
10questionnaire, or other reasonable methods. The determination
11must be made in accordance with guidelines established by the
12Department.
13    (e-1) If the person qualifying for the exemption does not
14occupy the qualified residence as of January 1 of the taxable
15year, the exemption granted under this Section shall be
16prorated on a monthly basis. The prorated exemption shall apply
17beginning with the first complete month in which the person
18occupies the qualified residence.
19    (f) For the purposes of this Section:
20    "Qualified residence" means real property, but less any
21portion of that property that is used for commercial purposes,
22with an equalized assessed value of less than $250,000 that is
23the primary residence of a veteran with a disability. Property
24rented for more than 6 months is presumed to be used for
25commercial purposes.
26    "Veteran" means an Illinois resident who has served as a

 

 

HB3588- 36 -LRB101 08494 HLH 53571 b

1member of the United States Armed Forces on active duty or
2State active duty, a member of the Illinois National Guard, or
3a member of the United States Reserve Forces and who has
4received an honorable discharge.
5(Source: P.A. 99-143, eff. 7-27-15; 99-375, eff. 8-17-15;
699-642, eff. 7-28-16; 100-869, eff. 8-14-18.)
 
7    (35 ILCS 200/15-170)
8    Sec. 15-170. Senior citizens homestead exemption. An
9annual homestead exemption limited, except as described here
10with relation to cooperatives or life care facilities, to a
11maximum reduction set forth below from the property's value, as
12equalized or assessed by the Department, is granted for
13property that is occupied as a residence by a person 65 years
14of age or older who is liable for paying real estate taxes on
15the property and is an owner of record of the property or has a
16legal or equitable interest therein as evidenced by a written
17instrument, except for a leasehold interest, other than a
18leasehold interest of land on which a single family residence
19is located, which is occupied as a residence by a person 65
20years or older who has an ownership interest therein, legal,
21equitable or as a lessee, and on which he or she is liable for
22the payment of property taxes. Before taxable year 2004, the
23maximum reduction shall be $2,500 in counties with 3,000,000 or
24more inhabitants and $2,000 in all other counties. For taxable
25years 2004 through 2005, the maximum reduction shall be $3,000

 

 

HB3588- 37 -LRB101 08494 HLH 53571 b

1in all counties. For taxable years 2006 and 2007, the maximum
2reduction shall be $3,500. For taxable years 2008 through 2011,
3the maximum reduction is $4,000 in all counties. For taxable
4year 2012, the maximum reduction is $5,000 in counties with
53,000,000 or more inhabitants and $4,000 in all other counties.
6For taxable years 2013 through 2016, the maximum reduction is
7$5,000 in all counties. For taxable years 2017 and thereafter,
8the maximum reduction is $8,000 in counties with 3,000,000 or
9more inhabitants and $5,000 in all other counties.
10    For land improved with an apartment building owned and
11operated as a cooperative, the maximum reduction from the value
12of the property, as equalized by the Department, shall be
13multiplied by the number of apartments or units occupied by a
14person 65 years of age or older who is liable, by contract with
15the owner or owners of record, for paying property taxes on the
16property and is an owner of record of a legal or equitable
17interest in the cooperative apartment building, other than a
18leasehold interest. For land improved with a life care
19facility, the maximum reduction from the value of the property,
20as equalized by the Department, shall be multiplied by the
21number of apartments or units occupied by persons 65 years of
22age or older, irrespective of any legal, equitable, or
23leasehold interest in the facility, who are liable, under a
24contract with the owner or owners of record of the facility,
25for paying property taxes on the property. In a cooperative or
26a life care facility where a homestead exemption has been

 

 

HB3588- 38 -LRB101 08494 HLH 53571 b

1granted, the cooperative association or the management firm of
2the cooperative or facility shall credit the savings resulting
3from that exemption only to the apportioned tax liability of
4the owner or resident who qualified for the exemption. Any
5person who willfully refuses to so credit the savings shall be
6guilty of a Class B misdemeanor. Under this Section and
7Sections 15-175, 15-176, and 15-177, "life care facility" means
8a facility, as defined in Section 2 of the Life Care Facilities
9Act, with which the applicant for the homestead exemption has a
10life care contract as defined in that Act.
11    When a homestead exemption has been granted under this
12Section and the person qualifying subsequently becomes a
13resident of a facility licensed under the Assisted Living and
14Shared Housing Act, the Nursing Home Care Act, the Specialized
15Mental Health Rehabilitation Act of 2013, the ID/DD Community
16Care Act, or the MC/DD Act, the exemption shall continue so
17long as the residence continues to be occupied by the
18qualifying person's spouse if the spouse is 65 years of age or
19older, or if the residence remains unoccupied but is still
20owned by the person qualified for the homestead exemption.
21    A person who will be 65 years of age during the current
22assessment year shall be eligible to apply for the homestead
23exemption during that assessment year. Application shall be
24made during the application period in effect for the county of
25his residence.
26    Beginning with assessment year 2003, for taxes payable in

 

 

HB3588- 39 -LRB101 08494 HLH 53571 b

12004, property that is first occupied as a residence after
2January 1 of any assessment year by a person who is eligible
3for the senior citizens homestead exemption under this Section
4must be granted a pro-rata exemption for the assessment year.
5The amount of the pro-rata exemption is the exemption allowed
6in the county under this Section divided by 365 and multiplied
7by the number of days during the assessment year the property
8is occupied as a residence by a person eligible for the
9exemption under this Section. The assessor chief county
10assessment officer must adopt reasonable procedures to
11establish eligibility for this pro-rata exemption.
12    The assessor or chief county assessment officer may
13determine the eligibility of a life care facility to receive
14the benefits provided by this Section, by affidavit,
15application, visual inspection, questionnaire or other
16reasonable methods in order to insure that the tax savings
17resulting from the exemption are credited by the management
18firm to the apportioned tax liability of each qualifying
19resident. The assessor may request reasonable proof that the
20management firm has so credited the exemption.
21    The chief county assessment officer of each county with
22less than 3,000,000 inhabitants shall provide to each person
23allowed a homestead exemption under this Section a form to
24designate any other person to receive a duplicate of any notice
25of delinquency in the payment of taxes assessed and levied
26under this Code on the property of the person receiving the

 

 

HB3588- 40 -LRB101 08494 HLH 53571 b

1exemption. The duplicate notice shall be in addition to the
2notice required to be provided to the person receiving the
3exemption, and shall be given in the manner required by this
4Code. The person filing the request for the duplicate notice
5shall pay a fee of $5 to cover administrative costs to the
6supervisor of assessments, who shall then file the executed
7designation with the county collector. Notwithstanding any
8other provision of this Code to the contrary, the filing of
9such an executed designation requires the county collector to
10provide duplicate notices as indicated by the designation. A
11designation may be rescinded by the person who executed such
12designation at any time, in the manner and form required by the
13chief county assessment officer.
14    The assessor or chief county assessment officer may
15determine the eligibility of residential property to receive
16the homestead exemption provided by this Section by
17application, visual inspection, questionnaire or other
18reasonable methods. The determination shall be made in
19accordance with guidelines established by the Department.
20    Beginning In counties with 3,000,000 or more inhabitants,
21beginning in taxable year 2010, each taxpayer who has been
22granted an exemption under this Section must reapply on an
23annual basis. The assessor chief county assessment officer
24shall mail the application to the taxpayer. In counties with
25less than 3,000,000 inhabitants, the county board may by
26resolution provide that if a person has been granted a

 

 

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1homestead exemption under this Section, the person qualifying
2need not reapply for the exemption.
3    In counties with less than 3,000,000 inhabitants, if the
4assessor or chief county assessment officer requires annual
5application for verification of eligibility for an exemption
6once granted under this Section, the application shall be
7mailed to the taxpayer.
8    The assessor or chief county assessment officer shall
9notify each person who qualifies for an exemption under this
10Section that the person may also qualify for deferral of real
11estate taxes under the Senior Citizens Real Estate Tax Deferral
12Act. The notice shall set forth the qualifications needed for
13deferral of real estate taxes, the address and telephone number
14of the county collector, and a statement that applications for
15deferral of real estate taxes may be obtained from the county
16collector.
17    Notwithstanding Sections 6 and 8 of the State Mandates Act,
18no reimbursement by the State is required for the
19implementation of any mandate created by this Section.
20(Source: P.A. 99-180, eff. 7-29-15; 100-401, eff. 8-25-17.)
 
21    (35 ILCS 200/15-172)
22    Sec. 15-172. Senior Citizens Assessment Freeze Homestead
23Exemption.
24    (a) This Section may be cited as the Senior Citizens
25Assessment Freeze Homestead Exemption.

 

 

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1    (b) As used in this Section:
2    "Applicant" means an individual who has filed an
3application under this Section.
4    "Base amount" means the base year equalized assessed value
5of the residence plus the first year's equalized assessed value
6of any added improvements which increased the assessed value of
7the residence after the base year.
8    "Base year" means the taxable year prior to the taxable
9year for which the applicant first qualifies and applies for
10the exemption provided that in the prior taxable year the
11property was improved with a permanent structure that was
12occupied as a residence by the applicant who was liable for
13paying real property taxes on the property and who was either
14(i) an owner of record of the property or had legal or
15equitable interest in the property as evidenced by a written
16instrument or (ii) had a legal or equitable interest as a
17lessee in the parcel of property that was a single family
18residence. If in any subsequent taxable year for which the
19applicant applies and qualifies for the exemption the equalized
20assessed value of the residence is less than the equalized
21assessed value in the existing base year (provided that such
22equalized assessed value is not based on an assessed value that
23results from a temporary irregularity in the property that
24reduces the assessed value for one or more taxable years), then
25that subsequent taxable year shall become the base year until a
26new base year is established under the terms of this paragraph.

 

 

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1For taxable year 1999 only, the assessor Chief County
2Assessment Officer shall review (i) all taxable years for which
3the applicant applied and qualified for the exemption and (ii)
4the existing base year. The assessor assessment officer shall
5select as the new base year the year with the lowest equalized
6assessed value. An equalized assessed value that is based on an
7assessed value that results from a temporary irregularity in
8the property that reduces the assessed value for one or more
9taxable years shall not be considered the lowest equalized
10assessed value. The selected year shall be the base year for
11taxable year 1999 and thereafter until a new base year is
12established under the terms of this paragraph.
13    "Chief County Assessment Officer" means the County
14Assessor or Supervisor of Assessments of the county in which
15the property is located.
16    "Equalized assessed value" means the assessed value as
17equalized by the Illinois Department of Revenue.
18    "Household" means the applicant, the spouse of the
19applicant, and all persons using the residence of the applicant
20as their principal place of residence.
21    "Household income" means the combined income of the members
22of a household for the calendar year preceding the taxable
23year.
24    "Income" has the same meaning as provided in Section 3.07
25of the Senior Citizens and Persons with Disabilities Property
26Tax Relief Act, except that, beginning in assessment year 2001,

 

 

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1"income" does not include veteran's benefits.
2    "Internal Revenue Code of 1986" means the United States
3Internal Revenue Code of 1986 or any successor law or laws
4relating to federal income taxes in effect for the year
5preceding the taxable year.
6    "Life care facility that qualifies as a cooperative" means
7a facility as defined in Section 2 of the Life Care Facilities
8Act.
9    "Maximum income limitation" means:
10        (1) $35,000 prior to taxable year 1999;
11        (2) $40,000 in taxable years 1999 through 2003;
12        (3) $45,000 in taxable years 2004 through 2005;
13        (4) $50,000 in taxable years 2006 and 2007;
14        (5) $55,000 in taxable years 2008 through 2016;
15        (6) for taxable year 2017, (i) $65,000 for qualified
16    property located in a county with 3,000,000 or more
17    inhabitants and (ii) $55,000 for qualified property
18    located in a county with fewer than 3,000,000 inhabitants;
19    and
20        (7) for taxable years 2018 and thereafter, $65,000 for
21    all qualified property.
22    "Residence" means the principal dwelling place and
23appurtenant structures used for residential purposes in this
24State occupied on January 1 of the taxable year by a household
25and so much of the surrounding land, constituting the parcel
26upon which the dwelling place is situated, as is used for

 

 

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1residential purposes. If the assessor Chief County Assessment
2Officer has established a specific legal description for a
3portion of property constituting the residence, then that
4portion of property shall be deemed the residence for the
5purposes of this Section.
6    "Taxable year" means the calendar year during which ad
7valorem property taxes payable in the next succeeding year are
8levied.
9    (c) Beginning in taxable year 1994, a senior citizens
10assessment freeze homestead exemption is granted for real
11property that is improved with a permanent structure that is
12occupied as a residence by an applicant who (i) is 65 years of
13age or older during the taxable year, (ii) has a household
14income that does not exceed the maximum income limitation,
15(iii) is liable for paying real property taxes on the property,
16and (iv) is an owner of record of the property or has a legal or
17equitable interest in the property as evidenced by a written
18instrument. This homestead exemption shall also apply to a
19leasehold interest in a parcel of property improved with a
20permanent structure that is a single family residence that is
21occupied as a residence by a person who (i) is 65 years of age
22or older during the taxable year, (ii) has a household income
23that does not exceed the maximum income limitation, (iii) has a
24legal or equitable ownership interest in the property as
25lessee, and (iv) is liable for the payment of real property
26taxes on that property.

 

 

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1    The In counties of 3,000,000 or more inhabitants, the
2amount of the exemption for all taxable years is the equalized
3assessed value of the residence in the taxable year for which
4application is made minus the base amount. In all other
5counties, the amount of the exemption is as follows: (i)
6through taxable year 2005 and for taxable year 2007 and
7thereafter, the amount of this exemption shall be the equalized
8assessed value of the residence in the taxable year for which
9application is made minus the base amount; and (ii) for taxable
10year 2006, the amount of the exemption is as follows:
11        (1) For an applicant who has a household income of
12    $45,000 or less, the amount of the exemption is the
13    equalized assessed value of the residence in the taxable
14    year for which application is made minus the base amount.
15        (2) For an applicant who has a household income
16    exceeding $45,000 but not exceeding $46,250, the amount of
17    the exemption is (i) the equalized assessed value of the
18    residence in the taxable year for which application is made
19    minus the base amount (ii) multiplied by 0.8.
20        (3) For an applicant who has a household income
21    exceeding $46,250 but not exceeding $47,500, the amount of
22    the exemption is (i) the equalized assessed value of the
23    residence in the taxable year for which application is made
24    minus the base amount (ii) multiplied by 0.6.
25        (4) For an applicant who has a household income
26    exceeding $47,500 but not exceeding $48,750, the amount of

 

 

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1    the exemption is (i) the equalized assessed value of the
2    residence in the taxable year for which application is made
3    minus the base amount (ii) multiplied by 0.4.
4        (5) For an applicant who has a household income
5    exceeding $48,750 but not exceeding $50,000, the amount of
6    the exemption is (i) the equalized assessed value of the
7    residence in the taxable year for which application is made
8    minus the base amount (ii) multiplied by 0.2.
9    When the applicant is a surviving spouse of an applicant
10for a prior year for the same residence for which an exemption
11under this Section has been granted, the base year and base
12amount for that residence are the same as for the applicant for
13the prior year.
14    Each year at the time the assessment books are certified to
15the County Clerk, the Board of Review or Board of Appeals shall
16give to the County Clerk a list of the assessed values of
17improvements on each parcel qualifying for this exemption that
18were added after the base year for this parcel and that
19increased the assessed value of the property.
20    In the case of land improved with an apartment building
21owned and operated as a cooperative or a building that is a
22life care facility that qualifies as a cooperative, the maximum
23reduction from the equalized assessed value of the property is
24limited to the sum of the reductions calculated for each unit
25occupied as a residence by a person or persons (i) 65 years of
26age or older, (ii) with a household income that does not exceed

 

 

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1the maximum income limitation, (iii) who is liable, by contract
2with the owner or owners of record, for paying real property
3taxes on the property, and (iv) who is an owner of record of a
4legal or equitable interest in the cooperative apartment
5building, other than a leasehold interest. In the instance of a
6cooperative where a homestead exemption has been granted under
7this Section, the cooperative association or its management
8firm shall credit the savings resulting from that exemption
9only to the apportioned tax liability of the owner who
10qualified for the exemption. Any person who willfully refuses
11to credit that savings to an owner who qualifies for the
12exemption is guilty of a Class B misdemeanor.
13    When a homestead exemption has been granted under this
14Section and an applicant then becomes a resident of a facility
15licensed under the Assisted Living and Shared Housing Act, the
16Nursing Home Care Act, the Specialized Mental Health
17Rehabilitation Act of 2013, the ID/DD Community Care Act, or
18the MC/DD Act, the exemption shall be granted in subsequent
19years so long as the residence (i) continues to be occupied by
20the qualified applicant's spouse or (ii) if remaining
21unoccupied, is still owned by the qualified applicant for the
22homestead exemption.
23    Beginning January 1, 1997, when an individual dies who
24would have qualified for an exemption under this Section, and
25the surviving spouse does not independently qualify for this
26exemption because of age, the exemption under this Section

 

 

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1shall be granted to the surviving spouse for the taxable year
2preceding and the taxable year of the death, provided that,
3except for age, the surviving spouse meets all other
4qualifications for the granting of this exemption for those
5years.
6    When married persons maintain separate residences, the
7exemption provided for in this Section may be claimed by only
8one of such persons and for only one residence.
9    For taxable year 1994 only, in counties having less than
103,000,000 inhabitants, to receive the exemption, a person shall
11submit an application by February 15, 1995 to the Chief County
12Assessment Officer of the county in which the property is
13located. In counties having 3,000,000 or more inhabitants, for
14taxable year 1994 and all subsequent taxable years, to receive
15the exemption, a person may submit an application to the
16assessor Chief County Assessment Officer of the county in which
17the property is located during such period as may be specified
18by the assessor Chief County Assessment Officer. The assessor
19Chief County Assessment Officer in counties of 3,000,000 or
20more inhabitants shall annually give notice of the application
21period by mail or by publication. In counties having less than
223,000,000 inhabitants, beginning with taxable year 1995 and
23thereafter, to receive the exemption, a person shall submit an
24application by July 1 of each taxable year to the Chief County
25Assessment Officer of the county in which the property is
26located. A county may, by ordinance, establish a date for

 

 

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1submission of applications that is different than July 1. The
2applicant shall submit with the application an affidavit of the
3applicant's total household income, age, marital status (and if
4married the name and address of the applicant's spouse, if
5known), and principal dwelling place of members of the
6household on January 1 of the taxable year. The Department
7shall establish, by rule, a method for verifying the accuracy
8of affidavits filed by applicants under this Section, and the
9Chief County Assessment Officer may conduct audits of any
10taxpayer claiming an exemption under this Section to verify
11that the taxpayer is eligible to receive the exemption. Each
12application shall contain or be verified by a written
13declaration that it is made under the penalties of perjury. A
14taxpayer's signing a fraudulent application under this Act is
15perjury, as defined in Section 32-2 of the Criminal Code of
162012. The applications shall be clearly marked as applications
17for the Senior Citizens Assessment Freeze Homestead Exemption
18and must contain a notice that any taxpayer who receives the
19exemption is subject to an audit by the assessor Chief County
20Assessment Officer.
21    Notwithstanding any other provision to the contrary, in
22counties having fewer than 3,000,000 inhabitants, if an
23applicant fails to file the application required by this
24Section in a timely manner and this failure to file is due to a
25mental or physical condition sufficiently severe so as to
26render the applicant incapable of filing the application in a

 

 

HB3588- 51 -LRB101 08494 HLH 53571 b

1timely manner, the Chief County Assessment Officer may extend
2the filing deadline for a period of 30 days after the applicant
3regains the capability to file the application, but in no case
4may the filing deadline be extended beyond 3 months of the
5original filing deadline. In order to receive the extension
6provided in this paragraph, the applicant shall provide the
7Chief County Assessment Officer with a signed statement from
8the applicant's physician, advanced practice registered nurse,
9or physician assistant stating the nature and extent of the
10condition, that, in the physician's, advanced practice
11registered nurse's, or physician assistant's opinion, the
12condition was so severe that it rendered the applicant
13incapable of filing the application in a timely manner, and the
14date on which the applicant regained the capability to file the
15application.
16    Beginning January 1, 1998, notwithstanding any other
17provision to the contrary, in counties having fewer than
183,000,000 inhabitants, if an applicant fails to file the
19application required by this Section in a timely manner and
20this failure to file is due to a mental or physical condition
21sufficiently severe so as to render the applicant incapable of
22filing the application in a timely manner, the Chief County
23Assessment Officer may extend the filing deadline for a period
24of 3 months. In order to receive the extension provided in this
25paragraph, the applicant shall provide the Chief County
26Assessment Officer with a signed statement from the applicant's

 

 

HB3588- 52 -LRB101 08494 HLH 53571 b

1physician, advanced practice registered nurse, or physician
2assistant stating the nature and extent of the condition, and
3that, in the physician's, advanced practice registered
4nurse's, or physician assistant's opinion, the condition was so
5severe that it rendered the applicant incapable of filing the
6application in a timely manner.
7    In counties having less than 3,000,000 inhabitants, if an
8applicant was denied an exemption in taxable year 1994 and the
9denial occurred due to an error on the part of an assessment
10official, or his or her agent or employee, then beginning in
11taxable year 1997 the applicant's base year, for purposes of
12determining the amount of the exemption, shall be 1993 rather
13than 1994. In addition, in taxable year 1997, the applicant's
14exemption shall also include an amount equal to (i) the amount
15of any exemption denied to the applicant in taxable year 1995
16as a result of using 1994, rather than 1993, as the base year,
17(ii) the amount of any exemption denied to the applicant in
18taxable year 1996 as a result of using 1994, rather than 1993,
19as the base year, and (iii) the amount of the exemption
20erroneously denied for taxable year 1994.
21    For purposes of this Section, a person who will be 65 years
22of age during the current taxable year shall be eligible to
23apply for the homestead exemption during that taxable year.
24Application shall be made during the application period in
25effect for the county of his or her residence.
26    The assessor Chief County Assessment Officer may determine

 

 

HB3588- 53 -LRB101 08494 HLH 53571 b

1the eligibility of a life care facility that qualifies as a
2cooperative to receive the benefits provided by this Section by
3use of an affidavit, application, visual inspection,
4questionnaire, or other reasonable method in order to insure
5that the tax savings resulting from the exemption are credited
6by the management firm to the apportioned tax liability of each
7qualifying resident. The assessor Chief County Assessment
8Officer may request reasonable proof that the management firm
9has so credited that exemption.
10    Except as provided in this Section, all information
11received by the assessor chief county assessment officer or the
12Department from applications filed under this Section, or from
13any investigation conducted under the provisions of this
14Section, shall be confidential, except for official purposes or
15pursuant to official procedures for collection of any State or
16local tax or enforcement of any civil or criminal penalty or
17sanction imposed by this Act or by any statute or ordinance
18imposing a State or local tax. Any person who divulges any such
19information in any manner, except in accordance with a proper
20judicial order, is guilty of a Class A misdemeanor.
21    Nothing contained in this Section shall prevent the
22Director or assessor chief county assessment officer from
23publishing or making available reasonable statistics
24concerning the operation of the exemption contained in this
25Section in which the contents of claims are grouped into
26aggregates in such a way that information contained in any

 

 

HB3588- 54 -LRB101 08494 HLH 53571 b

1individual claim shall not be disclosed.
2    Notwithstanding any other provision of law, for taxable
3year 2017 and thereafter, in counties of 3,000,000 or more
4inhabitants, the amount of the exemption shall be the greater
5of (i) the amount of the exemption otherwise calculated under
6this Section or (ii) $2,000.
7    (d) Each assessor Chief County Assessment Officer shall
8annually publish a notice of availability of the exemption
9provided under this Section. The notice shall be published at
10least 60 days but no more than 75 days prior to the date on
11which the application must be submitted to the assessor Chief
12County Assessment Officer of the county in which the property
13is located. The notice shall appear in a newspaper of general
14circulation in the county.
15    Notwithstanding Sections 6 and 8 of the State Mandates Act,
16no reimbursement by the State is required for the
17implementation of any mandate created by this Section.
18(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
1999-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-401, eff.
208-25-17; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
21    (35 ILCS 200/15-173)
22    Sec. 15-173. Natural Disaster Homestead Exemption.
23    (a) This Section may be cited as the Natural Disaster
24Homestead Exemption.
25    (b) As used in this Section:

 

 

HB3588- 55 -LRB101 08494 HLH 53571 b

1    "Base amount" means the base year equalized assessed value
2of the residence.
3    "Base year" means the taxable year prior to the taxable
4year in which the natural disaster occurred.
5    "Chief county assessment officer" means the County
6Assessor or Supervisor of Assessments of the county in which
7the property is located.
8    "Equalized assessed value" means the assessed value as
9equalized by the Illinois Department of Revenue.
10    "Homestead property" has the meaning ascribed to that term
11in Section 15-175 of this Code.
12    "Natural disaster" means an occurrence of widespread or
13severe damage or loss of property resulting from any
14catastrophic cause including, but not limited to, fire, flood,
15earthquake, wind, storm, or extended period of severe inclement
16weather. In the case of a residential structure affected by
17flooding, the structure shall not be eligible for this
18homestead improvement exemption unless it is located within a
19local jurisdiction which is participating in the National Flood
20Insurance Program. A proclamation of disaster by the President
21of the United States or Governor of the State of Illinois is
22not a prerequisite to the classification of an occurrence as a
23natural disaster under this Section.
24    (c) A homestead exemption shall be granted by the assessor
25chief county assessment officer for homestead properties
26containing a residential structure that has been rebuilt

 

 

HB3588- 56 -LRB101 08494 HLH 53571 b

1following a natural disaster occurring in taxable year 2012 or
2any taxable year thereafter. The amount of the exemption is the
3equalized assessed value of the residence in the first taxable
4year for which the taxpayer applies for an exemption under this
5Section minus the base amount. To be eligible for an exemption
6under this Section: (i) the residential structure must be
7rebuilt within 2 years after the date of the natural disaster;
8and (ii) the square footage of the rebuilt residential
9structure may not be more than 110% of the square footage of
10the original residential structure as it existed immediately
11prior to the natural disaster. The taxpayer's initial
12application for an exemption under this Section must be made no
13later than the first taxable year after the residential
14structure is rebuilt. The exemption shall continue at the same
15annual amount until the taxable year in which the property is
16sold or transferred.
17    (d) To receive the exemption, the taxpayer shall submit an
18application to the assessor chief county assessment officer of
19the county in which the property is located by July 1 of each
20taxable year. A county may, by resolution, establish a date for
21submission of applications that is different than July 1. The
22assessor chief county assessment officer may require
23additional documentation to be provided by the applicant. The
24applications shall be clearly marked as applications for the
25Natural Disaster Homestead Exemption.
26    (e) Property is not eligible for an exemption under this

 

 

HB3588- 57 -LRB101 08494 HLH 53571 b

1Section and Section 15-180 for the same natural disaster or
2catastrophic event. The property may, however, remain eligible
3for an additional exemption under Section 15-180 for any
4separate event occurring after the property qualified for an
5exemption under this Section.
6    (f) The exemption under this Section carries over to the
7benefit of the surviving spouse as long as the spouse holds the
8legal or beneficial title to the homestead and permanently
9resides thereon.
10    (g) Notwithstanding Sections 6 and 8 of the State Mandates
11Act, no reimbursement by the State is required for the
12implementation of any mandate created by this Section.
13(Source: P.A. 97-716, eff. 6-29-12.)
 
14    (35 ILCS 200/15-175)
15    Sec. 15-175. General homestead exemption.
16    (a) Except as provided in Sections 15-176 and 15-177,
17homestead property is entitled to an annual homestead exemption
18limited, except as described here with relation to cooperatives
19or life care facilities, to a reduction in the equalized
20assessed value of homestead property equal to the increase in
21equalized assessed value for the current assessment year above
22the equalized assessed value of the property for 1977, up to
23the maximum reduction set forth below. If however, the 1977
24equalized assessed value upon which taxes were paid is
25subsequently determined by local assessing officials, the

 

 

HB3588- 58 -LRB101 08494 HLH 53571 b

1Property Tax Appeal Board, or a court to have been excessive,
2the equalized assessed value which should have been placed on
3the property for 1977 shall be used to determine the amount of
4the exemption.
5    (b) Except as provided in Section 15-176, the maximum
6reduction before taxable year 2004 shall be $4,500 in counties
7with 3,000,000 or more inhabitants and $3,500 in all other
8counties. Except as provided in Sections 15-176 and 15-177, for
9taxable years 2004 through 2007, the maximum reduction shall be
10$5,000, for taxable year 2008, the maximum reduction is $5,500,
11and, for taxable years 2009 through 2011, the maximum reduction
12is $6,000 in all counties. For taxable years 2012 through 2016,
13the maximum reduction is $7,000 in counties with 3,000,000 or
14more inhabitants and $6,000 in all other counties. For taxable
15years 2017 and thereafter, the maximum reduction is $10,000 in
16counties with 3,000,000 or more inhabitants and $6,000 in all
17other counties. If a county has elected to subject itself to
18the provisions of Section 15-176 as provided in subsection (k)
19of that Section, then, for the first taxable year only after
20the provisions of Section 15-176 no longer apply, for owners
21who, for the taxable year, have not been granted a senior
22citizens assessment freeze homestead exemption under Section
2315-172 or a long-time occupant homestead exemption under
24Section 15-177, there shall be an additional exemption of
25$5,000 for owners with a household income of $30,000 or less.
26    (c) (Blank). In counties with fewer than 3,000,000

 

 

HB3588- 59 -LRB101 08494 HLH 53571 b

1inhabitants, if, based on the most recent assessment, the
2equalized assessed value of the homestead property for the
3current assessment year is greater than the equalized assessed
4value of the property for 1977, the owner of the property shall
5automatically receive the exemption granted under this Section
6in an amount equal to the increase over the 1977 assessment up
7to the maximum reduction set forth in this Section.
8    (d) If in any assessment year beginning with the 2000
9assessment year, homestead property has a pro-rata valuation
10under Section 9-180 resulting in an increase in the assessed
11valuation, a reduction in equalized assessed valuation equal to
12the increase in equalized assessed value of the property for
13the year of the pro-rata valuation above the equalized assessed
14value of the property for 1977 shall be applied to the property
15on a proportionate basis for the period the property qualified
16as homestead property during the assessment year. The maximum
17proportionate homestead exemption shall not exceed the maximum
18homestead exemption allowed in the county under this Section
19divided by 365 and multiplied by the number of days the
20property qualified as homestead property.
21    (d-1) In counties with 3,000,000 or more inhabitants, where
22the chief county assessment officer provides a notice of
23discovery, if a property is not occupied by its owner as a
24principal residence as of January 1 of the current tax year,
25then the property owner shall notify the chief county
26assessment officer of that fact on a form prescribed by the

 

 

HB3588- 60 -LRB101 08494 HLH 53571 b

1chief county assessment officer. That notice must be received
2by the chief county assessment officer on or before March 1 of
3the collection year. If mailed, the form shall be sent by
4certified mail, return receipt requested. If the form is
5provided in person, the chief county assessment officer shall
6provide a date stamped copy of the notice. Failure to provide
7timely notice pursuant to this subsection (d-1) shall result in
8the exemption being treated as an erroneous exemption. Upon
9timely receipt of the notice for the current tax year, no
10exemption shall be applied to the property for the current tax
11year. If the exemption is not removed upon timely receipt of
12the notice by the chief assessment officer, then the error is
13considered granted as a result of a clerical error or omission
14on the part of the chief county assessment officer as described
15in subsection (h) of Section 9-275, and the property owner
16shall not be liable for the payment of interest and penalties
17due to the erroneous exemption for the current tax year for
18which the notice was filed after the date that notice was
19timely received pursuant to this subsection. Notice provided
20under this subsection shall not constitute a defense or amnesty
21for prior year erroneous exemptions.
22    For the purposes of this subsection (d-1):
23    "Collection year" means the year in which the first and
24second installment of the current tax year is billed.
25    "Current tax year" means the year prior to the collection
26year.

 

 

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1    (e) The assessor chief county assessment officer may, when
2considering whether to grant a leasehold exemption under this
3Section, require the following conditions to be met:
4        (1) that a notarized application for the exemption,
5    signed by both the owner and the lessee of the property,
6    must be submitted each year during the application period
7    in effect for the county in which the property is located;
8        (2) that a copy of the lease must be filed with the
9    assessor chief county assessment officer by the owner of
10    the property at the time the notarized application is
11    submitted;
12        (3) that the lease must expressly state that the lessee
13    is liable for the payment of property taxes; and
14        (4) that the lease must include the following language
15    in substantially the following form:
16            "Lessee shall be liable for the payment of real
17        estate taxes with respect to the residence in
18        accordance with the terms and conditions of Section
19        15-175 of the Property Tax Code (35 ILCS 200/15-175).
20        The permanent real estate index number for the premises
21        is (insert number), and, according to the most recent
22        property tax bill, the current amount of real estate
23        taxes associated with the premises is (insert amount)
24        per year. The parties agree that the monthly rent set
25        forth above shall be increased or decreased pro rata
26        (effective January 1 of each calendar year) to reflect

 

 

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1        any increase or decrease in real estate taxes. Lessee
2        shall be deemed to be satisfying Lessee's liability for
3        the above mentioned real estate taxes with the monthly
4        rent payments as set forth above (or increased or
5        decreased as set forth herein).".
6    In addition, if there is a change in lessee, or if the
7lessee vacates the property, then the assessor chief county
8assessment officer may require the owner of the property to
9notify the assessor chief county assessment officer of that
10change.
11    This subsection (e) does not apply to leasehold interests
12in property owned by a municipality.
13    (f) "Homestead property" under this Section includes
14residential property that is occupied by its owner or owners as
15his or their principal dwelling place, or that is a leasehold
16interest on which a single family residence is situated, which
17is occupied as a residence by a person who has an ownership
18interest therein, legal or equitable or as a lessee, and on
19which the person is liable for the payment of property taxes.
20For land improved with an apartment building owned and operated
21as a cooperative, the maximum reduction from the equalized
22assessed value shall be limited to the increase in the value
23above the equalized assessed value of the property for 1977, up
24to the maximum reduction set forth above, multiplied by the
25number of apartments or units occupied by a person or persons
26who is liable, by contract with the owner or owners of record,

 

 

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1for paying property taxes on the property and is an owner of
2record of a legal or equitable interest in the cooperative
3apartment building, other than a leasehold interest. For land
4improved with a life care facility, the maximum reduction from
5the value of the property, as equalized by the Department,
6shall be multiplied by the number of apartments or units
7occupied by a person or persons, irrespective of any legal,
8equitable, or leasehold interest in the facility, who are
9liable, under a life care contract with the owner or owners of
10record of the facility, for paying property taxes on the
11property. For purposes of this Section, the term "life care
12facility" has the meaning stated in Section 15-170.
13    "Household", as used in this Section, means the owner, the
14spouse of the owner, and all persons using the residence of the
15owner as their principal place of residence.
16    "Household income", as used in this Section, means the
17combined income of the members of a household for the calendar
18year preceding the taxable year.
19    "Income", as used in this Section, has the same meaning as
20provided in Section 3.07 of the Senior Citizens and Persons
21with Disabilities Property Tax Relief Act, except that "income"
22does not include veteran's benefits.
23    (g) In a cooperative or life care facility where a
24homestead exemption has been granted, the cooperative
25association or the management of the cooperative or life care
26facility shall credit the savings resulting from that exemption

 

 

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1only to the apportioned tax liability of the owner or resident
2who qualified for the exemption. Any person who willfully
3refuses to so credit the savings shall be guilty of a Class B
4misdemeanor.
5    (h) Where married persons maintain and reside in separate
6residences qualifying as homestead property, each residence
7shall receive 50% of the total reduction in equalized assessed
8valuation provided by this Section.
9    (i) The In all counties, the assessor or chief county
10assessment officer may determine the eligibility of
11residential property to receive the homestead exemption and the
12amount of the exemption by application, visual inspection,
13questionnaire or other reasonable methods. The determination
14shall be made in accordance with guidelines established by the
15Department, provided that the taxpayer applying for an
16additional general exemption under this Section shall submit to
17the assessor chief county assessment officer an application
18with an affidavit of the applicant's total household income,
19age, marital status (and, if married, the name and address of
20the applicant's spouse, if known), and principal dwelling place
21of members of the household on January 1 of the taxable year.
22The Department shall issue guidelines establishing a method for
23verifying the accuracy of the affidavits filed by applicants
24under this paragraph. The applications shall be clearly marked
25as applications for the Additional General Homestead
26Exemption.

 

 

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1    (i-5) This subsection (i-5) applies to counties with
23,000,000 or more inhabitants. In the event of a sale of
3homestead property, the homestead exemption shall remain in
4effect for the remainder of the assessment year of the sale.
5Upon receipt of a transfer declaration transmitted by the
6recorder pursuant to Section 31-30 of the Real Estate Transfer
7Tax Law for property receiving an exemption under this Section,
8the assessor shall mail a notice and forms to the new owner of
9the property providing information pertaining to the rules and
10applicable filing periods for applying or reapplying for
11homestead exemptions under this Code for which the property may
12be eligible. If the new owner fails to apply or reapply for a
13homestead exemption during the applicable filing period or the
14property no longer qualifies for an existing homestead
15exemption, the assessor shall cancel such exemption for any
16ensuing assessment year.
17    (j) (Blank). In counties with fewer than 3,000,000
18inhabitants, in the event of a sale of homestead property the
19homestead exemption shall remain in effect for the remainder of
20the assessment year of the sale. The assessor or chief county
21assessment officer may require the new owner of the property to
22apply for the homestead exemption for the following assessment
23year.
24    (k) Notwithstanding Sections 6 and 8 of the State Mandates
25Act, no reimbursement by the State is required for the
26implementation of any mandate created by this Section.

 

 

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1    (l) The changes made to this Section by this amendatory Act
2of the 100th General Assembly are effective for the 2018 tax
3year and thereafter.
4(Source: P.A. 99-143, eff. 7-27-15; 99-164, eff. 7-28-15;
599-642, eff. 7-28-16; 99-851, eff. 8-19-16; 100-401, eff.
68-25-17; 100-1077, eff. 1-1-19.)
 
7    (35 ILCS 200/15-176)
8    Sec. 15-176. Alternative general homestead exemption.
9    (a) For the assessment years as determined under subsection
10(j), in any county that has elected, by an ordinance in
11accordance with subsection (k), to be subject to the provisions
12of this Section in lieu of the provisions of Section 15-175,
13homestead property is entitled to an annual homestead exemption
14equal to a reduction in the property's equalized assessed value
15calculated as provided in this Section.
16    (b) As used in this Section:
17        (1) "Assessor" means the supervisor of assessments or
18    the chief county assessment officer of each county.
19        (2) "Adjusted homestead value" means the lesser of the
20    following values:
21            (A) The property's base homestead value increased
22        by 7% for each tax year after the base year through and
23        including the current tax year, or, if the property is
24        sold or ownership is otherwise transferred, the
25        property's base homestead value increased by 7% for

 

 

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1        each tax year after the year of the sale or transfer
2        through and including the current tax year. The
3        increase by 7% each year is an increase by 7% over the
4        prior year.
5            (B) The property's equalized assessed value for
6        the current tax year minus: (i) $4,500 in Cook County
7        or $3,500 in all other counties in tax year 2003; (ii)
8        $5,000 in all counties in tax years 2004 and 2005; and
9        (iii) the lesser of the amount of the general homestead
10        exemption under Section 15-175 or an amount equal to
11        the increase in the equalized assessed value for the
12        current tax year above the equalized assessed value for
13        1977 in tax year 2006 and thereafter.
14        (3) "Base homestead value".
15            (A) Except as provided in subdivision (b)(3)(A-5)
16        or (b)(3)(B), "base homestead value" means the
17        equalized assessed value of the property for the base
18        year prior to exemptions, minus (i) $4,500 in Cook
19        County or $3,500 in all other counties in tax year
20        2003, (ii) $5,000 in all counties in tax years 2004 and
21        2005, or (iii) the lesser of the amount of the general
22        homestead exemption under Section 15-175 or an amount
23        equal to the increase in the equalized assessed value
24        for the current tax year above the equalized assessed
25        value for 1977 in tax year 2006 and thereafter,
26        provided that it was assessed for that year as

 

 

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1        residential property qualified for any of the
2        homestead exemptions under Sections 15-170 through
3        15-175 of this Code, then in force, and further
4        provided that the property's assessment was not based
5        on a reduced assessed value resulting from a temporary
6        irregularity in the property for that year. Except as
7        provided in subdivision (b)(3)(B), if the property did
8        not have a residential equalized assessed value for the
9        base year, then "base homestead value" means the base
10        homestead value established by the assessor under
11        subsection (c).
12            (A-5) On or before September 1, 2007, in Cook
13        County, the base homestead value, as set forth under
14        subdivision (b)(3)(A) and except as provided under
15        subdivision (b) (3) (B), must be recalculated as the
16        equalized assessed value of the property for the base
17        year, prior to exemptions, minus:
18                (1) if the general assessment year for the
19            property was 2003, the lesser of (i) $4,500 or (ii)
20            the amount equal to the increase in equalized
21            assessed value for the 2002 tax year above the
22            equalized assessed value for 1977;
23                (2) if the general assessment year for the
24            property was 2004, the lesser of (i) $4,500 or (ii)
25            the amount equal to the increase in equalized
26            assessed value for the 2003 tax year above the

 

 

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1            equalized assessed value for 1977;
2                (3) if the general assessment year for the
3            property was 2005, the lesser of (i) $5,000 or (ii)
4            the amount equal to the increase in equalized
5            assessed value for the 2004 tax year above the
6            equalized assessed value for 1977.
7            (B) If the property is sold or ownership is
8        otherwise transferred, other than sales or transfers
9        between spouses or between a parent and a child, "base
10        homestead value" means the equalized assessed value of
11        the property at the time of the sale or transfer prior
12        to exemptions, minus: (i) $4,500 in Cook County or
13        $3,500 in all other counties in tax year 2003; (ii)
14        $5,000 in all counties in tax years 2004 and 2005; and
15        (iii) the lesser of the amount of the general homestead
16        exemption under Section 15-175 or an amount equal to
17        the increase in the equalized assessed value for the
18        current tax year above the equalized assessed value for
19        1977 in tax year 2006 and thereafter, provided that it
20        was assessed as residential property qualified for any
21        of the homestead exemptions under Sections 15-170
22        through 15-175 of this Code, then in force, and further
23        provided that the property's assessment was not based
24        on a reduced assessed value resulting from a temporary
25        irregularity in the property.
26        (3.5) "Base year" means (i) tax year 2002 in Cook

 

 

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1    County or (ii) tax year 2008 or 2009 in all other counties
2    in accordance with the designation made by the county as
3    provided in subsection (k).
4        (4) "Current tax year" means the tax year for which the
5    exemption under this Section is being applied.
6        (5) "Equalized assessed value" means the property's
7    assessed value as equalized by the Department.
8        (6) "Homestead" or "homestead property" means:
9            (A) Residential property that as of January 1 of
10        the tax year is occupied by its owner or owners as his,
11        her, or their principal dwelling place, or that is a
12        leasehold interest on which a single family residence
13        is situated, that is occupied as a residence by a
14        person who has a legal or equitable interest therein
15        evidenced by a written instrument, as an owner or as a
16        lessee, and on which the person is liable for the
17        payment of property taxes. Residential units in an
18        apartment building owned and operated as a
19        cooperative, or as a life care facility, which are
20        occupied by persons who hold a legal or equitable
21        interest in the cooperative apartment building or life
22        care facility as owners or lessees, and who are liable
23        by contract for the payment of property taxes, shall be
24        included within this definition of homestead property.
25            (B) A homestead includes the dwelling place,
26        appurtenant structures, and so much of the surrounding

 

 

HB3588- 71 -LRB101 08494 HLH 53571 b

1        land constituting the parcel on which the dwelling
2        place is situated as is used for residential purposes.
3        If the assessor has established a specific legal
4        description for a portion of property constituting the
5        homestead, then the homestead shall be limited to the
6        property within that description.
7        (7) "Life care facility" means a facility as defined in
8    Section 2 of the Life Care Facilities Act.
9    (c) If the property did not have a residential equalized
10assessed value for the base year as provided in subdivision
11(b)(3)(A) of this Section, then the assessor shall first
12determine an initial value for the property by comparison with
13assessed values for the base year of other properties having
14physical and economic characteristics similar to those of the
15subject property, so that the initial value is uniform in
16relation to assessed values of those other properties for the
17base year. The product of the initial value multiplied by the
18equalized factor for the base year for homestead properties in
19that county, less: (i) $4,500 in Cook County or $3,500 in all
20other counties in tax year 2003; (ii) $5,000 in all counties in
21tax years 2004 and 2005; and (iii) the lesser of the amount of
22the general homestead exemption under Section 15-175 or an
23amount equal to the increase in the equalized assessed value
24for the current tax year above the equalized assessed value for
251977 in tax year 2006 and thereafter, is the base homestead
26value.

 

 

HB3588- 72 -LRB101 08494 HLH 53571 b

1    For any tax year for which the assessor determines or
2adjusts an initial value and hence a base homestead value under
3this subsection (c), the initial value shall be subject to
4review by the same procedures applicable to assessed values
5established under this Code for that tax year.
6    (d) The base homestead value shall remain constant, except
7that the assessor may revise it under the following
8circumstances:
9        (1) If the equalized assessed value of a homestead
10    property for the current tax year is less than the previous
11    base homestead value for that property, then the current
12    equalized assessed value (provided it is not based on a
13    reduced assessed value resulting from a temporary
14    irregularity in the property) shall become the base
15    homestead value in subsequent tax years.
16        (2) For any year in which new buildings, structures, or
17    other improvements are constructed on the homestead
18    property that would increase its assessed value, the
19    assessor shall adjust the base homestead value as provided
20    in subsection (c) of this Section with due regard to the
21    value added by the new improvements.
22        (3) If the property is sold or ownership is otherwise
23    transferred, the base homestead value of the property shall
24    be adjusted as provided in subdivision (b)(3)(B). This item
25    (3) does not apply to sales or transfers between spouses or
26    between a parent and a child.

 

 

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1        (4) the recalculation required in Cook County under
2    subdivision (b)(3)(A-5).
3    (e) The amount of the exemption under this Section is the
4equalized assessed value of the homestead property for the
5current tax year, minus the adjusted homestead value, with the
6following exceptions:
7        (1) The In Cook County, the exemption under this
8    Section shall not exceed $20,000 for any taxable year
9    through tax year:
10            (i) 2005, if the general assessment year for the
11        property is 2003;
12            (ii) 2006, if the general assessment year for the
13        property is 2004; or
14            (iii) 2007, if the general assessment year for the
15        property is 2005.
16        (1.1) Thereafter, in Cook County, and in all other
17    counties, the exemption is as follows:
18            (i) if the general assessment year for the property
19        is 2006, then the exemption may not exceed: $33,000 for
20        taxable year 2006; $26,000 for taxable year 2007;
21        $20,000 for taxable years 2008 and 2009; $16,000 for
22        taxable year 2010; and $12,000 for taxable year 2011;
23            (ii) if the general assessment year for the
24        property is 2007, then the exemption may not exceed:
25        $33,000 for taxable year 2007; $26,000 for taxable year
26        2008; $20,000 for taxable years 2009 and 2010; $16,000

 

 

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1        for taxable year 2011; and $12,000 for taxable year
2        2012; and
3            (iii) if the general assessment year for the
4        property is 2008, then the exemption may not exceed:
5        $33,000 for taxable year 2008; $26,000 for taxable year
6        2009; $20,000 for taxable years 2010 and 2011; $16,000
7        for taxable year 2012; and $12,000 for taxable year
8        2013.
9    (1.5) For In Cook County, for the 2006 taxable year only,
10the maximum amount of the exemption set forth under subsection
11(e)(1.1)(i) of this Section may be increased: (i) by $7,000 if
12the equalized assessed value of the property in that taxable
13year exceeds the equalized assessed value of that property in
142002 by 100% or more; or (ii) by $2,000 if the equalized
15assessed value of the property in that taxable year exceeds the
16equalized assessed value of that property in 2002 by more than
1780% but less than 100%.
18        (2) In the case of homestead property that also
19    qualifies for the exemption under Section 15-172, the
20    property is entitled to the exemption under this Section,
21    limited to the amount of (i) $4,500 in Cook County or
22    $3,500 in all other counties in tax year 2003, (ii) $5,000
23    in all counties in tax years 2004 and 2005, or (iii) the
24    lesser of the amount of the general homestead exemption
25    under Section 15-175 or an amount equal to the increase in
26    the equalized assessed value for the current tax year above

 

 

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1    the equalized assessed value for 1977 in tax year 2006 and
2    thereafter.
3    (f) In the case of an apartment building owned and operated
4as a cooperative, or as a life care facility, that contains
5residential units that qualify as homestead property under this
6Section, the maximum cumulative exemption amount attributed to
7the entire building or facility shall not exceed the sum of the
8exemptions calculated for each qualified residential unit. The
9cooperative association, management firm, or other person or
10entity that manages or controls the cooperative apartment
11building or life care facility shall credit the exemption
12attributable to each residential unit only to the apportioned
13tax liability of the owner or other person responsible for
14payment of taxes as to that unit. Any person who willfully
15refuses to so credit the exemption is guilty of a Class B
16misdemeanor.
17    (g) When married persons maintain separate residences, the
18exemption provided under this Section shall be claimed by only
19one such person and for only one residence.
20    (h) In the event of a sale or other transfer in ownership
21of the homestead property, the exemption under this Section
22shall remain in effect for the remainder of the tax year and be
23calculated using the same base homestead value in which the
24sale or transfer occurs, but (other than for sales or transfers
25between spouses or between a parent and a child) shall be
26calculated for any subsequent tax year using the new base

 

 

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1homestead value as provided in subdivision (b)(3)(B). The
2assessor may require the new owner of the property to apply for
3the exemption in the following year.
4    (i) The assessor may determine whether property qualifies
5as a homestead under this Section by application, visual
6inspection, questionnaire, or other reasonable methods. Each
7year, at the time the assessment books are certified to the
8county clerk by the board of review, the assessor shall furnish
9to the county clerk a list of the properties qualified for the
10homestead exemption under this Section. The list shall note the
11base homestead value of each property to be used in the
12calculation of the exemption for the current tax year.
13    (j) In counties with 3,000,000 or more inhabitants, the
14provisions of this Section apply as follows:
15        (1) If the general assessment year for the property is
16    2003, this Section applies for assessment years 2003
17    through 2011. Thereafter, the provisions of Section 15-175
18    apply.
19        (2) If the general assessment year for the property is
20    2004, this Section applies for assessment years 2004
21    through 2012. Thereafter, the provisions of Section 15-175
22    apply.
23        (3) If the general assessment year for the property is
24    2005, this Section applies for assessment years 2005
25    through 2013. Thereafter, the provisions of Section 15-175
26    apply.

 

 

HB3588- 77 -LRB101 08494 HLH 53571 b

1    In counties with less than 3,000,000 inhabitants, this
2Section applies for assessment years (i) 2009, 2010, 2011, and
32012 if tax year 2008 is the designated base year or (ii) 2010,
42011, 2012, and 2013 if tax year 2009 is the designated base
5year. Thereafter, the provisions of Section 15-175 apply.
6    (k) To be subject to the provisions of this Section in lieu
7of Section 15-175, a county must adopt an ordinance to subject
8itself to the provisions of this Section within 6 months after
9August 2, 2010 (the effective date of Public Act 96-1418). In a
10county other than Cook County, the ordinance must designate
11either tax year 2008 or tax year 2009 as the base year.
12    (l) Notwithstanding Sections 6 and 8 of the State Mandates
13Act, no reimbursement by the State is required for the
14implementation of any mandate created by this Section.
15(Source: P.A. 100-201, eff. 8-18-17.)
 
16    (35 ILCS 200/15-177)
17    Sec. 15-177. The long-time occupant homestead exemption.
18    (a) If the county has elected, under Section 15-176, to be
19subject to the provisions of the alternative general homestead
20exemption, then, for taxable years 2007 and thereafter,
21regardless of whether the exemption under Section 15-176
22applies, qualified homestead property is entitled to an annual
23homestead exemption equal to a reduction in the property's
24equalized assessed value calculated as provided in this
25Section.

 

 

HB3588- 78 -LRB101 08494 HLH 53571 b

1    (b) As used in this Section:
2    "Adjusted homestead value" means the lesser of the
3following values:
4        (1) The property's base homestead value increased by:
5    (i) 10% for each taxable year after the base year through
6    and including the current tax year for qualified taxpayers
7    with a household income of more than $75,000 but not
8    exceeding $100,000; or (ii) 7% for each taxable year after
9    the base year through and including the current tax year
10    for qualified taxpayers with a household income of $75,000
11    or less. The increase each year is an increase over the
12    prior year; or
13        (2) The property's equalized assessed value for the
14    current tax year minus the general homestead deduction.
15    "Base homestead value" means:
16        (1) if the property did not have an adjusted homestead
17    value under Section 15-176 for the base year, then an
18    amount equal to the equalized assessed value of the
19    property for the base year prior to exemptions, minus the
20    general homestead deduction, provided that the property's
21    assessment was not based on a reduced assessed value
22    resulting from a temporary irregularity in the property for
23    that year; or
24        (2) if the property had an adjusted homestead value
25    under Section 15-176 for the base year, then an amount
26    equal to the adjusted homestead value of the property under

 

 

HB3588- 79 -LRB101 08494 HLH 53571 b

1    Section 15-176 for the base year.
2    "Base year" means the taxable year prior to the taxable
3year in which the taxpayer first qualifies for the exemption
4under this Section.
5    "Current taxable year" means the taxable year for which the
6exemption under this Section is being applied.
7    "Equalized assessed value" means the property's assessed
8value as equalized by the Department.
9    "Homestead" or "homestead property" means residential
10property that as of January 1 of the tax year is occupied by a
11qualified taxpayer as his or her principal dwelling place, or
12that is a leasehold interest on which a single family residence
13is situated, that is occupied as a residence by a qualified
14taxpayer who has a legal or equitable interest therein
15evidenced by a written instrument, as an owner or as a lessee,
16and on which the person is liable for the payment of property
17taxes. Residential units in an apartment building owned and
18operated as a cooperative, or as a life care facility, which
19are occupied by persons who hold a legal or equitable interest
20in the cooperative apartment building or life care facility as
21owners or lessees, and who are liable by contract for the
22payment of property taxes, are included within this definition
23of homestead property. A homestead includes the dwelling place,
24appurtenant structures, and so much of the surrounding land
25constituting the parcel on which the dwelling place is situated
26as is used for residential purposes. If the assessor has

 

 

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1established a specific legal description for a portion of
2property constituting the homestead, then the homestead is
3limited to the property within that description.
4    "Household income" has the meaning set forth under Section
515-172 of this Code.
6    "General homestead deduction" means the amount of the
7general homestead exemption under Section 15-175.
8    "Life care facility" means a facility defined in Section 2
9of the Life Care Facilities Act.
10    "Qualified homestead property" means homestead property
11owned by a qualified taxpayer.
12    "Qualified taxpayer" means any individual:
13        (1) who, for at least 10 continuous years as of January
14    1 of the taxable year, has occupied the same homestead
15    property as a principal residence and domicile or who, for
16    at least 5 continuous years as of January 1 of the taxable
17    year, has occupied the same homestead property as a
18    principal residence and domicile if that person received
19    assistance in the acquisition of the property as part of a
20    government or nonprofit housing program; and
21        (2) who has a household income of $100,000 or less.
22    (c) The base homestead value must remain constant, except
23that the assessor may revise it under any of the following
24circumstances:
25        (1) If the equalized assessed value of a homestead
26    property for the current tax year is less than the previous

 

 

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1    base homestead value for that property, then the current
2    equalized assessed value (provided it is not based on a
3    reduced assessed value resulting from a temporary
4    irregularity in the property) becomes the base homestead
5    value in subsequent tax years.
6        (2) For any year in which new buildings, structures, or
7    other improvements are constructed on the homestead
8    property that would increase its assessed value, the
9    assessor shall adjust the base homestead value with due
10    regard to the value added by the new improvements.
11    (d) The amount of the exemption under this Section is the
12greater of: (i) the equalized assessed value of the homestead
13property for the current tax year minus the adjusted homestead
14value; or (ii) the general homestead deduction.
15    (e) In the case of an apartment building owned and operated
16as a cooperative, or as a life care facility, that contains
17residential units that qualify as homestead property of a
18qualified taxpayer under this Section, the maximum cumulative
19exemption amount attributed to the entire building or facility
20shall not exceed the sum of the exemptions calculated for each
21unit that is a qualified homestead property. The cooperative
22association, management firm, or other person or entity that
23manages or controls the cooperative apartment building or life
24care facility shall credit the exemption attributable to each
25residential unit only to the apportioned tax liability of the
26qualified taxpayer as to that unit. Any person who willfully

 

 

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1refuses to so credit the exemption is guilty of a Class B
2misdemeanor.
3    (f) When married persons maintain separate residences, the
4exemption provided under this Section may be claimed by only
5one such person and for only one residence. No person who
6receives an exemption under Section 15-172 of this Code may
7receive an exemption under this Section. No person who receives
8an exemption under this Section may receive an exemption under
9Section 15-175 or 15-176 of this Code.
10    (g) In the event of a sale or other transfer in ownership
11of the homestead property between spouses or between a parent
12and a child, the exemption under this Section remains in effect
13if the new owner has a household income of $100,000 or less.
14    (h) In the event of a sale or other transfer in ownership
15of the homestead property other than subsection (g) of this
16Section, the exemption under this Section shall remain in
17effect for the remainder of the tax year and be calculated
18using the same base homestead value in which the sale or
19transfer occurs.
20    (i) To receive the exemption, a person must submit an
21application to the county assessor during the period specified
22by the county assessor.
23    The county assessor shall annually give notice of the
24application period by mail or by publication.
25    The taxpayer must submit, with the application, an
26affidavit of the taxpayer's total household income, marital

 

 

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1status (and if married the name and address of the applicant's
2spouse, if known), and principal dwelling place of members of
3the household on January 1 of the taxable year. The Department
4shall establish, by rule, a method for verifying the accuracy
5of affidavits filed by applicants under this Section, and the
6Chief County Assessment Officer may conduct audits of any
7taxpayer claiming an exemption under this Section to verify
8that the taxpayer is eligible to receive the exemption. Each
9application shall contain or be verified by a written
10declaration that it is made under the penalties of perjury. A
11taxpayer's signing a fraudulent application under this Act is
12perjury, as defined in Section 32-2 of the Criminal Code of
132012. The applications shall be clearly marked as applications
14for the Long-time Occupant Homestead Exemption and must contain
15a notice that any taxpayer who receives the exemption is
16subject to an audit by the assessor Chief County Assessment
17Officer.
18    (j) Notwithstanding Sections 6 and 8 of the State Mandates
19Act, no reimbursement by the State is required for the
20implementation of any mandate created by this Section.
21(Source: P.A. 97-1150, eff. 1-25-13.)
 
22    (35 ILCS 200/15-180)
23    Sec. 15-180. Homestead improvements. Homestead properties
24that have been improved and residential structures on homestead
25property that have been rebuilt following a catastrophic event

 

 

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1are entitled to a homestead improvement exemption, limited to
2$30,000 per year through December 31, 1997, $45,000 beginning
3January 1, 1998 and through December 31, 2003, and $75,000 per
4year for that homestead property beginning January 1, 2004 and
5thereafter, in fair cash value, when that property is owned and
6used exclusively for a residential purpose and upon
7demonstration that a proposed increase in assessed value is
8attributable solely to a new improvement of an existing
9structure or the rebuilding of a residential structure
10following a catastrophic event. To be eligible for an exemption
11under this Section after a catastrophic event, the residential
12structure must be rebuilt within 2 years after the catastrophic
13event. The exemption for rebuilt structures under this Section
14applies to the increase in value of the rebuilt structure over
15the value of the structure before the catastrophic event. The
16amount of the exemption shall be limited to the fair cash value
17added by the new improvement or rebuilding and shall continue
18for 4 years from the date the improvement or rebuilding is
19completed and occupied, or until the next following general
20assessment of that property, whichever is later.
21    A proclamation of disaster by the President of the United
22States or Governor of the State of Illinois is not a
23prerequisite to the classification of an occurrence as a
24catastrophic event under this Section. A "catastrophic event"
25may include an occurrence of widespread or severe damage or
26loss of property resulting from any catastrophic cause

 

 

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1including but not limited to fire, including arson (provided
2the fire was not caused by the willful action of an owner or
3resident of the property), flood, earthquake, wind, storm,
4explosion, or extended periods of severe inclement weather. In
5the case of a residential structure affected by flooding, the
6structure shall not be eligible for this homestead improvement
7exemption unless it is located within a local jurisdiction
8which is participating in the National Flood Insurance Program.
9    In counties of less than 3,000,000 inhabitants, in addition
10to the notice requirement under Section 12-30, a supervisor of
11assessments, county assessor, or township or multi-township
12assessor responsible for adding an assessable improvement to a
13residential property's assessment shall either notify a
14taxpayer whose assessment has been changed since the last
15preceding assessment that he or she may be eligible for the
16exemption provided under this Section or shall grant the
17exemption automatically.
18    Beginning January 1, 1999, in counties of 3,000,000 or more
19inhabitants, an application for a homestead improvement
20exemption for a residential structure that has been rebuilt
21following a catastrophic event must be submitted to the
22assessor Chief County Assessment Officer with a valuation
23complaint and a copy of the building permit to rebuild the
24structure. The assessor Chief County Assessment Officer may
25require additional documentation which must be provided by the
26applicant.

 

 

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1    Notwithstanding Sections 6 and 8 of the State Mandates Act,
2no reimbursement by the State is required for the
3implementation of any mandate created by this Section.
4(Source: P.A. 93-715, eff. 7-12-04.)
 
5    (35 ILCS 200/Art. 15 Div. 3 heading new)
6
Division 3. Homestead exemptions in counties with fewer than
7
3,000,000 inhabitants

 
8    (35 ILCS 200/15-261 new)
9    Sec. 15-261. Applicability. This Division 3 applies in
10counties with fewer than 3,000,000 inhabitants and encompasses
11this Section and Sections in Article 15 occurring after this
12Section.
 
13    (35 ILCS 200/15-262 new)
14    Sec. 15-262. Homestead Exemptions; Definitions.
15    (a) "Homestead property" under this Section includes:
16        (1) Property that is occupied as a principal dwelling
17    place by its owner or owners who are liable for the payment
18    of property taxes; or
19        (2) A leasehold interest in property on which a
20    detached single-family residence is situated, which is
21    occupied as a principal dwelling place by a person or
22    persons who has an ownership interest therein, legal or
23    equitable or as a lessee, and on which the person or

 

 

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1    persons is liable for the payment of property taxes; or
2        (3) A unit in an apartment building owned and operated
3    as a cooperative, occupied as a principal dwelling place by
4    a person or persons who is liable, by contract with the
5    owner or owners of record, for paying property taxes on the
6    property and is an owner of record of a legal or equitable
7    interest in the cooperative apartment building, other than
8    a leasehold interest; or
9        (4) A unit within a building which is a life care
10    facility operated as a cooperative, occupied by a person or
11    persons who is liable, by contract with the owner or owners
12    of record, for paying property taxes on the property and is
13    an owner of record of a legal or equitable interest in the
14    cooperative apartment building, other than a leasehold
15    interest.
16    (b) "Homestead owner" under this Section includes:
17        (1) The person or persons who own and occupy
18    residential property as a principal dwelling place by its
19    owner or owners who are liable for the payment of property
20    taxes as of January 1 of a taxable year; or
21        (2) The person or persons who possess a leasehold
22    interest in property on which a detached single-family
23    residence is situated, and occupy said detached
24    single-family residence as a principal dwelling place,
25    have an ownership interest therein, legal or equitable or
26    as a lessee, and on which the person or persons are liable

 

 

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1    for the payment of property taxes.
2        (3) The person or persons who are liable, by contract
3    with the owner or owners of record, for paying property
4    taxes on a unit in an apartment building owned and operated
5    as a cooperative, occupy the unit as a principal dwelling
6    place, and are an owner or owners of record of a legal or
7    equitable interest in the cooperative apartment building,
8    other than a leasehold interest.
9        (4) The person or persons who are liable, by contract
10    with the owner or owners of record, for paying property
11    taxes on a unit within a building which is a life care
12    facility, occupy the unit as a principal dwelling place,
13    and are an owner or owners of record of a legal or
14    equitable interest in the cooperative apartment building,
15    other than a leasehold interest.
16    (c) "Life care facility" means as defined under Section 2
17of the Life Care Facilities Act with which the homestead owner
18has a life care contract as defined in that Act.
19    (d) "State-licensed care facility" means a facility
20licensed under the Assisted Living and Shared Housing Act, the
21Nursing Home Care Act, the Specialized Mental Health
22Rehabilitation Act of 2013, the ID/DD Community Care Act, or
23the MC/DD Act.
24    (e) "Veterans care facility" means a facility operated by
25the United States Department of Veterans Affairs.
26    (f) "Assessed Value" means the value of the property after

 

 

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1equalization by a chief county assessment officer or board of
2review, but before equalization by the Department.
3    (g) "Equalized Assessed Value" means the value of the
4property after equalization by the Department.
 
5    (35 ILCS 200/15-263 new)
6    Sec. 15-263. Homestead Exemptions; General Provisions.
7    (a) Unless otherwise provided, an initial application for
8any homestead exemption must be made to the Chief County
9Assessment Officer during the application period in effect for
10the county of his or her residence. The Chief County Assessment
11Officer may determine the eligibility of residential property
12to receive the homestead exemption provided by this Section by
13application, visual inspection, questionnaire, or other
14reasonable methods. The determination must be made in
15accordance with guidelines established by the Department.
16    (b) Unless otherwise provided, a county board may by
17resolution provide that if a person has been granted a
18homestead exemption, the person qualifying need not reapply for
19the exemption.
20    (c) If the Chief County Assessment Officer requires annual
21application for verification of eligibility for an exemption
22once granted under this Section, the application shall be
23mailed to the taxpayer.
24    (d) If a homestead exemption is granted to a property that
25is operated as a cooperative or as a life care facility

 

 

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1operated as a cooperative, the cooperative association or
2management firm shall credit the savings resulting from the
3exemption to the apportioned tax liability of the homestead
4owner. The Chief County Assessment Officer may request
5reasonable proof that the association or firm has properly
6credited the exemption. A person who willfully refuses to
7credit an exemption to the qualified person is guilty of a
8Class B misdemeanor.
9    (e) The Chief County Assessment Officer shall provide to
10each person granted a homestead exemption under Sections
1115-268, 15-269, 15-270, and 15-272 a form to designate any
12other person to receive a duplicate of any notice of
13delinquency in the payment of taxes assessed and levied under
14this Code on the person's qualifying property. The duplicate
15notice shall be in addition to the notice required to be
16provided to the person receiving the exemption and shall be
17given in the manner required by this Code. The person filing
18the request for the duplicate notice shall pay an
19administrative fee of $5 to the Chief County Assessment
20Officer. The Chief County Assessment Officer shall then file
21the executed designation with the county collector, who shall
22issue the duplicate notices as indicated by the designation. A
23designation may be rescinded by the person in the manner
24required by the Chief County Assessment Officer.
25    (f) The Chief County Assessment Officer may, when
26considering whether to grant an exemption based on a homestead

 

 

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1owner's eligibility pursuant to Section 15-262(b)(2), require
2the following conditions to be met:
3        (1) that a notarized application for the exemption,
4    signed by both the owner and the lessee of the property,
5    must be submitted each year during the application period
6    in effect for the county in which the property is located;
7        (2) that a copy of the lease must be filed with the
8    Chief County Assessment Officer by the owner of the
9    property at the time the notarized application is
10    submitted;
11        (3) that the lease must expressly state that the lessee
12    is liable for the payment of property taxes; and
13        (4) that the lease must include the following language
14    in substantially the following form: "Lessee shall be
15    liable for the payment of real estate taxes with respect to
16    the residence in accordance with the terms and conditions
17    of Section 15-262(b)(2) of the Property Tax Code (35 ILCS
18    200/15-262(b)(2)). The permanent real estate index number
19    for the premises is (insert number), and, according to the
20    most recent property tax bill, the current amount of real
21    estate taxes associated with the premises is (insert
22    amount) per year. The parties agree that the monthly rent
23    set forth above shall be increased or decreased pro rata
24    (effective January 1 of each calendar year) to reflect any
25    increase or decrease in real estate taxes. Lessee shall be
26    deemed to be satisfying Lessee's liability for the above

 

 

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1    mentioned real estate taxes with the monthly rent payments
2    as set forth above (or increased or decreased as set forth
3    herein).".
4        In addition, if there is a change in lessee, or if the
5    lessee vacates the property, then the Chief County
6    Assessment Officer may require the owner of the property to
7    notify the Chief County Assessment Officer of that change.
8    This subsection (f) does not apply to leasehold interests
9    in property owned by a municipality.
10    (g) When a homestead exemption has been granted under this
11Section and the person qualifying subsequently becomes a
12resident of a State-licensed care facility or veterans care
13facility, the exemption shall continue so long as the residence
14continues to be occupied by the qualifying person's spouse, or
15if the residence remains unoccupied but is still owned by the
16person qualified for the homestead exemption.
17    (h) Any taxpayer whose application for a homestead
18exemption is denied by the Chief County Assessment Officer may
19appeal that denial to the county Board of Review. The decision
20of the Board of Review shall be final.
21    (i) Notwithstanding any other provision, if a property
22transfers or otherwise ceases to be homestead property after
23the first date of eligibility within a taxable year, the
24exemption shall remain with the property until the end of that
25taxable year.
26    (j) Notwithstanding Sections 6 and 8 of the State Mandates

 

 

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1Act, no reimbursement by the State is required for the
2implementation of any mandate created by homestead exemptions
3under this Division.
 
4    (35 ILCS 200/15-265 new)
5    Sec. 15-265. Veterans with disabilities adapted housing
6homestead exemption.
7    (a) Definitions. In addition to the definitions found in
8Section 15-262:
9    "Veteran with a disability" means a person who has served
10in the Armed Forces of the United States and whose disability
11is of such a nature that the federal government has authorized
12payment for purchase or construction of specially adapted
13housing as set forth in the United States Code, Title 38,
14Chapter 21, Section 2101.
15    "Unmarried surviving spouse" means the surviving spouse of
16the veteran at any time after the death of the veteran during
17which such surviving spouse is not married.
18    "Charitable organization" means any benevolent,
19philanthropic, patriotic, or eleemosynary entity that solicits
20and collects funds for charitable purposes and includes each
21local, county, or area division of that charitable
22organization.
23    (b) Eligibility. The homestead property must be occupied by
24a homestead owner who is a veteran with a disability, or the
25spouse or unmarried surviving spouse of the veteran.

 

 

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1    The exemption applies to housing where federal funds have
2been used to purchase or construct special adaptations to suit
3the veteran's disability.
4    The exemption also applies to housing that is specially
5adapted to suit the veteran's disability, and purchased
6entirely or in part by the proceeds of a sale, casualty loss
7reimbursement, or other transfer of a home for which the
8federal government had previously authorized payment for
9purchase or construction as specially adapted housing.
10    However, the entire proceeds of the sale, casualty loss
11reimbursement, or other transfer of that housing shall be
12applied to the acquisition of subsequent specially adapted
13housing to the extent that the proceeds equal the purchase
14price of the subsequently acquired housing.
15    The exemption also applies to housing that is specifically
16constructed or adapted to suit a qualifying veteran's
17disability if the housing or adaptations are donated by a
18charitable organization, the veteran has been approved to
19receive funds for the purchase or construction of specially
20adapted housing under Title 38, Chapter 21, Section 2101 of the
21United States Code, and the home has been inspected and
22certified by a licensed home inspector to be in compliance with
23applicable standards set forth in U.S. Department of Veterans
24Affairs, Veterans Benefits Administration Pamphlet 26-13,
25Handbook for Design: Specially Adapted Housing.
26    (c) Amount. Eligible homestead property up to an equalized

 

 

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1assessed value of $100,000 is exempt.
2    (d) Additional provisions. This exemption must be
3reestablished on an annual basis by certification from the
4Illinois Department of Veterans' Affairs to the Department,
5which shall forward a copy of the certification to local
6assessing officials.
7    A taxpayer who claims an exemption under Section 15-268 or
815-269 may not claim an exemption under this Section.
 
9    (35 ILCS 200/15-267 new)
10    Sec. 15-267. Returning Veterans' Homestead Exemption.
11    (a) Definitions. In addition to the definitions found in
12Section 15-262, "veteran" means an Illinois resident who has
13served as a member of the United States Armed Forces, a member
14of the Illinois National Guard, or a member of the United
15States Reserve Forces.
16    (b) Eligibility. The homestead property must be occupied by
17a homestead owner who is a veteran returning from an armed
18conflict involving the armed forces of the United States.
19    (c) Amount. The reduction is $5,000 in equalized assessed
20value for the taxable year in which the veteran returns from
21active duty in an armed conflict involving the armed forces of
22the United States; however, if the veteran first acquires his
23or her principal residence during the taxable year in which he
24or she returns, but after January 1 of that year, and if the
25property is owned and occupied by the veteran as a principal

 

 

HB3588- 96 -LRB101 08494 HLH 53571 b

1residence on January 1 of the next taxable year, he or she may
2apply the exemption for the next taxable year, and only the
3next taxable year, after he or she returns. The reduction shall
4also be allowed for the taxable year after the taxable year in
5which the veteran returns from active duty in an armed conflict
6involving the armed forces of the United States. For land
7improved with an apartment building owned and operated as a
8cooperative, the maximum reduction from the value of the
9property, as equalized by the Department, must be multiplied by
10the number of apartments or units occupied by a veteran
11returning from an armed conflict involving the armed forces of
12the United States who is liable, by contract with the owner or
13owners of record, for paying property taxes on the property and
14is an owner of record of a legal or equitable interest in the
15cooperative apartment building, other than a leasehold
16interest.
17    (d) Additional Provisions. The exemption under this
18Section is in addition to any other homestead exemption
19provided in this Article 15.
 
20    (35 ILCS 200/15-268 new)
21    Sec. 15-268. Homestead Exemption for persons with
22disabilities.
23    (a) Definitions. In addition to the definitions found in
24Section 15-262, "person with a disability" means a person
25unable to engage in any substantial gainful activity by reason

 

 

HB3588- 97 -LRB101 08494 HLH 53571 b

1of a medically determinable physical or mental impairment which
2can be expected to result in death or has lasted or can be
3expected to last for a continuous period of not less than 12
4months.
5    (b) Eligibility. An annual homestead exemption is granted
6to homestead property occupied by a homestead owner who is also
7a person with a disability. A person who has a disability
8during the taxable year is eligible to receive this homestead
9exemption during that taxable year.
10    (c) Amount. The annual exemption amount is $2,000 in
11equalized assessed value, to be deducted from the property's
12value as equalized or assessed by the Department; except that
13for land improved with (i) an apartment building owned and
14operated as a cooperative or (ii) a life care facility that is
15considered to be a cooperative, the maximum reduction from the
16value of the property, as equalized or assessed by the
17Department, shall be multiplied by the number of apartments or
18units occupied by a disabled person.
19    (d) Additional provisions.
20        (1) A person with a disability filing claims under this
21    Act shall submit proof of disability in such form and
22    manner as the Department shall by rule and regulation
23    prescribe. Any one or more of the following shall
24    constitute proof of disability for purposes of this Act:
25            (A) Proof that a claimant is eligible to receive
26        disability benefits under the federal Social Security

 

 

HB3588- 98 -LRB101 08494 HLH 53571 b

1        Act; or
2            (B) Issuance of an Illinois Person with a
3        Disability Identification Card stating that the
4        claimant is under a Class 2 or 2A disability, as
5        defined in Section 4A of the Illinois Identification
6        Card Act; or
7            (C) A person with a disability not covered under
8        the federal Social Security Act and not presenting an
9        Illinois Person with a Disability Identification Card
10        stating that the claimant is under a Class 2 disability
11        shall be examined by a physician licensed to practice
12        in the State of Illinois, and his status as a person
13        with a disability determined using the same standards
14        as used by the Social Security Administration. The
15        costs of any required examination shall be borne by the
16        claimant.
17    (e) A taxpayer who claims an exemption under Section 15-265
18or 15-269 may not claim an exemption under this Section.
 
19    (35 ILCS 200/15-269 new)
20    Sec. 15-269. Homestead exemption for veterans with
21disabilities.
22    (a) Definitions. In addition to the definitions found in
23Section 15-262:
24        "Qualified residence" means homestead property, but
25    less any portion of that property that is used for

 

 

HB3588- 99 -LRB101 08494 HLH 53571 b

1    commercial purposes, with an equalized assessed value of
2    less than $250,000. Property rented for more than 6 months
3    is presumed to be used for commercial purposes.
4        "Veteran" means an Illinois resident who has served as
5    a member of the United States Armed Forces on active duty
6    or State active duty, a member of the Illinois National
7    Guard, or a member of the United States Reserve Forces and
8    who has received an honorable discharge.
9    (b) Eligibility. An annual homestead exemption, limited to
10the amounts set forth in subsection (c), is granted for
11homestead property that is used as a qualified residence by a
12homestead owner who is a veteran with a disability.
13    (c) Amount. The amount of the exemption under this Section
14is as follows:
15        (1) if the veteran has a service-connected disability
16    of 30% or more but less than 50%, as certified by the
17    United States Department of Veterans Affairs, then the
18    annual exemption is $2,500 of equalized assessed value;
19        (2) if the veteran has a service-connected disability
20    of 50% or more but less than 70%, as certified by the
21    United States Department of Veterans Affairs, then the
22    annual exemption is $5,000 of equalized assessed value; and
23        (3) if the veteran has a service connected disability
24    of 70% or more, as certified by the United States
25    Department of Veterans Affairs, then the property is exempt
26    from taxation under this Code.

 

 

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1    (d) Additional provisions.
2        (1) The tax exemption under this Section carries over
3    to the benefit of the veteran's surviving spouse as long as
4    the spouse holds the legal or beneficial title to the
5    homestead, permanently resides thereon, and does not
6    remarry. If the surviving spouse sells the property, an
7    exemption not to exceed the amount granted from the most
8    recent ad valorem tax roll may be transferred to his or her
9    new residence as long as it is used as his or her primary
10    residence and he or she does not remarry.
11        (2) A taxpayer who claims an exemption under Section
12    15-265 or 15-268 may not claim an exemption under this
13    Section.
14        (3) Each taxpayer who has been granted an exemption
15    under this Section must reapply on an annual basis.
16    Application must be made during the application period in
17    effect for the county of his or her residence.
 
18    (35 ILCS 200/15-270 new)
19    Sec. 15-270. Senior Citizens Homestead Exemption.
20    (a) Definitions. The definitions found in Section 15-262
21shall apply to this Section.
22    (b) Eligibility. An annual homestead exemption limited,
23except as described here with relation to cooperatives or life
24care facilities, to a maximum reduction set forth below from
25the property's value, as equalized or assessed by the

 

 

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1Department, is granted for homestead property that is occupied
2by a homestead owner who will be 65 years of age or older by
3December 31 of the taxable year.
4    (c) Amount.
5        (1) The maximum reduction is $5,000 of equalized
6    assessed value.
7        (2) For land improved with an apartment building owned
8    and operated as a cooperative, the maximum reduction from
9    the value of the property, as equalized by the Department.
10        (3) Property that is first occupied as a residence
11    after January 1 of any assessment year by a person who is
12    eligible for the homestead exemption under this Section
13    must be granted a pro-rata exemption for the assessment
14    year. The amount of the pro-rata exemption is the exemption
15    allowed in the county under this Section divided by 365 and
16    multiplied by the number of days during the assessment year
17    the property is occupied as a residence by a person
18    eligible for the exemption under this Section. The Chief
19    County Assessment Officer must adopt reasonable procedures
20    to establish eligibility for this pro-rata exemption.
21    (d) Additional provisions. The Chief County Assessment
22Officer shall notify each person who qualifies for an exemption
23under this Section that the person may also qualify for
24deferral of real estate taxes under the Senior Citizens Real
25Estate Tax Deferral Act. The notice shall set forth the
26qualifications needed for deferral of real estate taxes, the

 

 

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1address and telephone number of the county collector, and a
2statement that applications for deferral of real estate taxes
3may be obtained from the county collector.
 
4    (35 ILCS 200/15-272 new)
5    Sec. 15-272. Senior Citizens Assessment Freeze Homestead
6Exemption.
7    (a) Definitions. In addition to the definitions found in
8Section 15-262:
9        "Applicant" means an individual who has filed an
10    application under this Section.
11        "Base amount" means the base year equalized assessed
12    value of the residence plus the first year's equalized
13    assessed value of any added improvements which increased
14    the assessed value of the residence after the base year.
15        "Base year" means the taxable year prior to the taxable
16    year for which the applicant first qualifies and applies
17    for the exemption provided that in the prior taxable year
18    the property was improved with a permanent structure that
19    was occupied as a residence by the applicant who was liable
20    for paying real property taxes on the property and who was
21    either (i) an owner of record of the property or had legal
22    or equitable interest in the property as evidenced by a
23    written instrument or (ii) had a legal or equitable
24    interest as a lessee in the parcel of property that was a
25    single-family residence. If in any subsequent taxable year

 

 

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1    for which the applicant applies and qualifies for the
2    exemption the equalized assessed value of the residence is
3    less than the equalized assessed value in the existing base
4    year (provided that such equalized assessed value is not
5    based on an assessed value that results from a temporary
6    irregularity in the property that reduces the assessed
7    value for one or more taxable years), then that subsequent
8    taxable year shall become the base year until a new base
9    year is established under the terms of this paragraph. For
10    taxable year 1999 only, the Chief County Assessment Officer
11    shall review (i) all taxable years for which the applicant
12    applied and qualified for the exemption and (ii) the
13    existing base year. The assessment officer shall select as
14    the new base year the year with the lowest equalized
15    assessed value. An equalized assessed value that is based
16    on an assessed value that results from a temporary
17    irregularity in the property that reduces the assessed
18    value for one or more taxable years shall not be considered
19    the lowest equalized assessed value. The selected year
20    shall be the base year for taxable year 1999 and thereafter
21    until a new base year is established under the terms of
22    this paragraph.
23        "Household" means the applicant, the spouse of the
24    applicant, and all persons using the residence of the
25    applicant as their principal place of residence.
26        "Household income" means the combined income of the

 

 

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1    members of a household for the calendar year preceding the
2    taxable year.
3        "Income" has the same meaning as provided in Section
4    3.07 of the Senior Citizens and Persons with Disabilities
5    Property Tax Relief Act, except that, beginning in
6    assessment year 2001, "income" does not include veteran's
7    benefits.
8        "Internal Revenue Code of 1986" means the United States
9    Internal Revenue Code of 1986 or any successor law or laws
10    relating to federal income taxes in effect for the year
11    preceding the taxable year.
12        "Maximum income limitation" means $65,000.
13        "Residence" means the principal dwelling place and
14    appurtenant structures used for residential purposes in
15    this State occupied on January 1 of the taxable year by a
16    household and so much of the surrounding land, constituting
17    the parcel upon which the dwelling place is situated, as is
18    used for residential purposes. If the Chief County
19    Assessment Officer has established a specific legal
20    description for a portion of property constituting the
21    residence, then that portion of property shall be deemed
22    the residence for the purposes of this Section.
23        "Taxable year" means the calendar year during which ad
24    valorem property taxes payable in the next succeeding year
25    are levied.
26    (b) Eligibility. A senior citizens assessment freeze

 

 

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1homestead exemption is granted for homestead property that is
2occupied by a homestead owner who (i) is 65 years of age or
3older by December 31 of the taxable year, and (ii) has a
4household income that does not exceed the maximum income
5limitation.
6    (c) Amount.
7        (1) The amount of the exemption for all taxable years
8    is the equalized assessed value of the residence in the
9    taxable year for which application is made minus the base
10    amount.
11        (2) When the applicant is a surviving spouse of an
12    applicant for a prior year for the same residence for which
13    an exemption under this Section has been granted, the base
14    year and base amount for that residence are the same as for
15    the applicant for the prior year.
16        (3) Each year at the time the assessment books are
17    certified to the County Clerk, the Board of Review shall
18    give to the County Clerk a list of the assessed values of
19    improvements on each parcel qualifying for this exemption
20    that were added after the base year for this parcel and
21    that increased the assessed value of the property.
22        (4) In the case of land improved with an apartment
23    building owned and operated as a cooperative or a building
24    that is a life care facility that qualifies as a
25    cooperative, the maximum reduction from the equalized
26    assessed value of the property is limited to the sum of the

 

 

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1    reductions calculated for each unit occupied as a residence
2    by a person or persons (i) 65 years of age or older, (ii)
3    with a household income that does not exceed the maximum
4    income limitation, (iii) who is liable, by contract with
5    the owner or owners of record, for paying real property
6    taxes on the property, and (iv) who is an owner of record
7    of a legal or equitable interest in the cooperative
8    apartment building, other than a leasehold interest.
9    (d) Additional provisions.
10        (1) When an individual dies who would have qualified
11    for an exemption under this Section, and the surviving
12    spouse does not independently qualify for this exemption
13    because of age, the exemption under this Section shall be
14    granted to the surviving spouse for the taxable year
15    preceding and the taxable year of the death, provided that,
16    except for age, the surviving spouse meets all other
17    qualifications for the granting of this exemption for those
18    years.
19        (2) When married persons maintain separate residences,
20    the exemption provided for in this Section may be claimed
21    by only one of such persons and for only one residence.
22        (3) To receive the exemption, a person shall submit an
23    application by July 1 of each taxable year to the Chief
24    County Assessment Officer of the county in which the
25    property is located.
26        (4) A county may, by ordinance, establish a date for

 

 

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1    submission of applications that is different than July 1.
2        (5) The applicant shall submit with the application an
3    affidavit of the applicant's total household income, age,
4    marital status (and if married the name and address of the
5    applicant's spouse, if known), and principal dwelling
6    place of members of the household on January 1 of the
7    taxable year.
8        (6) The Department shall establish, by rule, a method
9    for verifying the accuracy of affidavits filed by
10    applicants under this Section, and the Chief County
11    Assessment Officer may conduct audits of any taxpayer
12    claiming an exemption under this Section to verify that the
13    taxpayer is eligible to receive the exemption.
14        (7) Each application shall contain or be verified by a
15    notarized declaration that it is made under the penalties
16    of perjury. A taxpayer's signing a fraudulent application
17    under this Act is perjury, as defined in Section 32-2 of
18    the Criminal Code of 2012.
19        (8) The applications shall be clearly marked as
20    applications for the Senior Citizens Assessment Freeze
21    Homestead Exemption and must contain a notice that any
22    taxpayer who receives the exemption is subject to an audit
23    by the Chief County Assessment Officer.
24        (9) Except as provided in this Section, all information
25    received by the Chief County Assessment Officer or the
26    Department from applications filed under this Section, or

 

 

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1    from any investigation conducted under the provisions of
2    this Section, shall be confidential, except for official
3    purposes or pursuant to official procedures for collection
4    of any State or local tax or enforcement of any civil or
5    criminal penalty or sanction imposed by this Act or by any
6    statute or ordinance imposing a State or local tax. Any
7    person who divulges any such information in any manner,
8    except in accordance with a proper judicial order, is
9    guilty of a Class A misdemeanor.
10        Nothing contained in this Section shall prevent the
11    Director or Chief County Assessment Officer from
12    publishing or making available reasonable statistics
13    concerning the operation of the exemption contained in this
14    Section in which the contents of claims are grouped into
15    aggregates in such a way that information contained in any
16    individual claim shall not be disclosed.
17        (10) Each Chief County Assessment Officer shall
18    annually publish a notice of availability of the exemption
19    provided under this Section. The notice shall be published
20    at least 60 days but no more than 75 days prior to the date
21    on which the application must be submitted to the Chief
22    County Assessment Officer of the county in which the
23    property is located. The notice shall appear in a newspaper
24    of general circulation in the county.
 
25    (35 ILCS 200/15-273 new)

 

 

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1    Sec. 15-273. Natural Disaster Homestead Exemption.
2    (a) Definitions. In addition to the definitions found in
3Section 15-262:
4        "Base amount" means the base year equalized assessed
5    value of the residence.
6        "Base year" means the taxable year prior to the taxable
7    year in which the natural disaster occurred.
8        "Natural disaster" means an occurrence of widespread
9    or severe damage or loss of property resulting from any
10    catastrophic cause, including, but not limited to, fire,
11    flood, earthquake, wind, storm, or extended period of
12    severe inclement weather. In the case of a residential
13    structure affected by flooding, the structure shall not be
14    eligible for this homestead improvement exemption unless
15    it is located within a local jurisdiction which is
16    participating in the National Flood Insurance Program. A
17    proclamation of disaster by the President of the United
18    States or Governor of the State of Illinois is not a
19    prerequisite to the classification of an occurrence as a
20    natural disaster under this Section.
21    (b) Eligibility. A homestead exemption shall be granted by
22the Chief County Assessment Officer for homestead properties
23containing a residential structure that has been rebuilt
24following a natural disaster occurring in taxable year 2012 or
25any taxable year thereafter.
26    To be eligible for an exemption under this Section: (i) the

 

 

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1residential structure must be rebuilt within 2 years after the
2date of the natural disaster; and (ii) the square footage of
3the rebuilt residential structure may not be more than 110% of
4the square footage of the original residential structure as it
5existed immediately prior to the natural disaster. The
6taxpayer's initial application for an exemption under this
7Section must be made no later than the first taxable year after
8the residential structure is rebuilt. The exemption shall
9continue at the same annual amount until the taxable year in
10which the property is sold or transferred.
11    (c) Amount. The amount of the exemption is the equalized
12assessed value of the residence in the first taxable year for
13which the taxpayer applies for an exemption under this Section
14minus the base amount.
15    (d) Additional provisions.
16        (1) To receive the exemption, the taxpayer shall submit
17    an application to the Chief County Assessment Officer of
18    the county in which the property is located by July 1 of
19    each taxable year. A county may, by resolution, establish a
20    date for submission of applications that is different than
21    July 1. The applications shall be clearly marked as
22    applications for the Natural Disaster Homestead Exemption.
23        (2) Property is not eligible for an exemption under
24    this Section and Section 15-280 for the same natural
25    disaster or catastrophic event. The property may, however,
26    remain eligible for an additional exemption under Section

 

 

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1    15-280 for any separate event occurring after the property
2    qualified for an exemption under this Section.
3        (3) The exemption under this Section carries over to
4    the benefit of the surviving spouse as long as the spouse
5    holds the legal or beneficial title to the homestead and
6    permanently resides thereon.
 
7    (35 ILCS 200/15-275 new)
8    Sec. 15-275. General homestead exemption.
9    (a) Definitions. The definitions found in Section 15-262
10are applicable to this Section.
11    (b) Eligibility. Homestead property occupied by a
12homestead owner is entitled to an annual homestead exemption
13limited, except as described here with relation to
14cooperatives, to a reduction in the equalized assessed value of
15homestead property equal to the increase in equalized assessed
16value for the current assessment year above the equalized
17assessed value of the property for 1977, up to the maximum
18reduction set forth below. If, however, the 1977 equalized
19assessed value upon which taxes were paid is subsequently
20determined by local assessing officials, the Property Tax
21Appeal Board, or a court to have been excessive, the equalized
22assessed value which should have been placed on the property
23for 1977 shall be used to determine the amount of the
24exemption.
25    (c) Amount.

 

 

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1        (1) The maximum reduction is $6,000 of equalized
2    assessed value.
3        (2) If, based on the most recent assessment, the
4    equalized assessed value of the homestead property for the
5    current assessment year is greater than the equalized
6    assessed value of the property for 1977, the owner of the
7    property shall automatically receive the exemption granted
8    under this Section in an amount equal to the increase over
9    the 1977 assessment up to the maximum reduction set forth
10    in this Section.
11    (d) Additional provisions.
12        (1) If in any assessment year homestead property has a
13    pro-rata valuation under Section 9-180 resulting in an
14    increase in the assessed valuation, a reduction in
15    equalized assessed valuation equal to the increase in
16    equalized assessed value of the property for the year of
17    the pro-rata valuation above the equalized assessed value
18    of the property for 1977 shall be applied to the property
19    on a proportionate basis for the period the property
20    qualified as homestead property during the assessment
21    year. The maximum proportionate homestead exemption shall
22    not exceed the maximum homestead exemption allowed in the
23    county under this Section divided by 365 and multiplied by
24    the number of days the property qualified as homestead
25    property.
26        (2) Where married persons maintain and reside in

 

 

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1    separate residences qualifying as homestead property, each
2    residence shall receive 50% of the total reduction in
3    equalized assessed valuation provided by this Section.
 
4    (35 ILCS 200/15-280 new)
5    Sec. 15-280. Homestead improvement exemption.
6    (a) Definitions. In addition to the definitions found in
7Section 15-262, a "catastrophic event" may include an
8occurrence of widespread or severe damage or loss of property
9resulting from any catastrophic cause including but not limited
10to fire, including arson (provided the fire was not caused by
11the willful action of an owner or resident of the property),
12flood, earthquake, wind, storm, explosion, or extended periods
13of severe inclement weather. In the case of a residential
14structure affected by flooding, the structure shall not be
15eligible for this homestead improvement exemption unless it is
16located within a local jurisdiction which is participating in
17the National Flood Insurance Program. A proclamation of
18disaster by the President of the United States or Governor of
19the State of Illinois is not a prerequisite to the
20classification of an occurrence as a catastrophic event under
21this Section.
22    (b) Eligibility. Homestead properties that have been
23improved and residential structures on homestead property that
24have been rebuilt following a catastrophic event are entitled
25to a homestead improvement exemption, when that property is

 

 

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1owned by a homestead owner and used exclusively for a
2residential purpose and upon demonstration that a proposed
3increase in assessed value is attributable solely to a new
4improvement of an existing structure or the rebuilding of a
5residential structure following a catastrophic event. To be
6eligible for an exemption under this Section after a
7catastrophic event, the residential structure must be rebuilt
8within 2 years after the catastrophic event. The exemption for
9rebuilt structures under this Section applies to the increase
10in value of the rebuilt structure over the value of the
11structure before the catastrophic event. The amount of the
12exemption shall be limited to the fair cash value added by the
13new improvement or rebuilding and shall continue for 4 years
14from the date the improvement or rebuilding is completed and
15occupied.
16    (c) Amount. The exemption is limited to $25,000 of
17equalized assessed value.
18    (d) Additional Provisions. In addition to the notice
19requirement under Section 12-30, a supervisor of assessments,
20county assessor, or township or multi-township assessor
21responsible for adding an assessable improvement to a
22residential property's assessment shall either notify a
23taxpayer whose assessment has been changed since the last
24preceding assessment that he or she may be eligible for the
25exemption provided under this Section or shall grant the
26exemption automatically.
 

 

 

HB3588- 115 -LRB101 08494 HLH 53571 b

1    Section 99. Effective date. This Act takes effect January
21, 2020.