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Sen. James A. DeLeo
Filed: 2/26/2004
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| AMENDMENT TO SENATE BILL 2112
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| AMENDMENT NO. ______. Amend Senate Bill 2112, AS AMENDED, |
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| with reference to page and line numbers of Senate Amendment No. |
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| 1, on page 1, by replacing line 5 with the following: |
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| "Sections 15-170, 15-172, 15-175, and 15-180 as follows:
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| Section 5. The Property Tax Code is amended by changing |
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| Section 15-170 as follows:
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| (35 ILCS 200/15-170)
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| Sec. 15-170. Senior Citizens Homestead Exemption. An |
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| annual homestead
exemption limited, except as described here |
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| with relation to cooperatives or
life care facilities, to a
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| maximum reduction set forth below from the property's value, as |
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| equalized or
assessed by the Department, is granted for |
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| property that is occupied as a
residence by a person 65 years |
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| of age or older who is liable for paying real
estate taxes on |
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| the property and is an owner of record of the property or has a
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| legal or equitable interest therein as evidenced by a written |
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| instrument,
except for a leasehold interest, other than a |
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| leasehold interest of land on
which a single family residence |
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| is located, which is occupied as a residence by
a person 65 |
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| years or older who has an ownership interest therein, legal,
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| equitable or as a lessee, and on which he or she is liable for |
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| the payment
of property taxes. The maximum reduction shall be |
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| $2,500 in counties with
3,000,000 or more inhabitants and |
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| $2,000 in all other counties. For land
improved with an |
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| apartment building owned and operated as a cooperative, the |
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| maximum reduction from the value of the property, as
equalized
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| by the Department, shall be multiplied by the number of |
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| apartments or units
occupied by a person 65 years of age or |
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| older who is liable, by contract with
the owner or owners of |
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| record, for paying property taxes on the property and
is an |
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| owner of record of a legal or equitable interest in the |
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| cooperative
apartment building, other than a leasehold |
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| interest. For land improved with
a life care facility, the |
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| maximum reduction from the value of the property, as
equalized |
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| by the Department, shall be multiplied by the number of |
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| apartments or
units occupied by persons 65 years of age or |
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| older, irrespective of any legal,
equitable, or leasehold |
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| interest in the facility, who are liable, under a
contract with |
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| the owner or owners of record of the facility, for paying
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| property taxes on the property. In a
cooperative or a life care |
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| facility where a
homestead exemption has been granted, the |
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| cooperative association or the
management firm of the |
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| cooperative or facility shall credit the savings
resulting from |
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| that exemption only to
the apportioned tax liability of the |
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| owner or resident who qualified for
the exemption.
Any person |
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| who willfully refuses to so credit the savings shall be guilty |
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| of a
Class B misdemeanor. Under this Section and Section |
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| 15-175, "life care
facility" means a facility as defined in |
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| Section 2 of the Life Care Facilities
Act, with which the |
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| applicant for the homestead exemption has a life care
contract |
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| as defined in that Act.
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| When a homestead exemption has been granted under this |
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| Section and the person
qualifying subsequently becomes a |
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| resident of a facility licensed under the
Nursing Home Care |
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| Act, the exemption shall continue so long as the residence
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| continues to be occupied by the qualifying person's spouse if |
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| the spouse is 65
years of age or older, or if the residence |
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| remains unoccupied but is still
owned by the person qualified |
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| for the homestead exemption.
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| A person who will be 65 years of age
during the current |
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| assessment year
shall
be eligible to apply for the homestead |
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| exemption during that assessment
year.
Application shall be |
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| made during the application period in effect for the
county of |
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| his residence.
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| Beginning with assessment year 2003, for taxes payable in |
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| 2004,
property
that is first occupied as a residence after |
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| January 1 of any assessment year by
a person who is eligible |
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| for the senior citizens homestead exemption under this
Section |
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| must be granted a pro-rata exemption for the assessment year. |
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| The
amount of the pro-rata exemption is the exemption
allowed |
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| in the county under this Section divided by 365 and multiplied |
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| by the
number of days during the assessment year the property |
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| is occupied as a
residence by a
person eligible for the |
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| exemption under this Section. The chief county
assessment |
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| officer must adopt reasonable procedures to establish |
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| eligibility
for this pro-rata exemption.
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| The assessor or chief county assessment officer may |
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| determine the eligibility
of a life care facility to receive |
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| the benefits provided by this Section, by
affidavit, |
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| application, visual inspection, questionnaire or other |
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| reasonable
methods in order to insure that the tax savings |
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| resulting from the exemption
are credited by the management |
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| firm to the apportioned tax liability of each
qualifying |
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| resident. The assessor may request reasonable proof that the
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| management firm has so credited the exemption.
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| The chief county assessment officer of each county with |
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| less than 3,000,000
inhabitants shall provide to each person |
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| allowed a homestead exemption under
this Section a form to |
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| designate any other person to receive a
duplicate of any notice |
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| of delinquency in the payment of taxes assessed and
levied |
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| under this Code on the property of the person receiving the |
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| exemption.
The duplicate notice shall be in addition to the |
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| notice required to be
provided to the person receiving the |
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| exemption, and shall be given in the
manner required by this |
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| Code. The person filing the request for the duplicate
notice |
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| shall pay a fee of $5 to cover administrative costs to the |
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| supervisor of
assessments, who shall then file the executed |
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| designation with the county
collector. Notwithstanding any |
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| other provision of this Code to the contrary,
the filing of |
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| such an executed designation requires the county collector to
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| provide duplicate notices as indicated by the designation. A |
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| designation may
be rescinded by the person who executed such |
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| designation at any time, in the
manner and form required by the |
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| chief county assessment officer.
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| The assessor or chief county assessment officer may |
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| determine the
eligibility of residential property to receive |
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| the homestead exemption provided
by this Section by |
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| application, visual inspection, questionnaire or other
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| reasonable methods. The determination shall be made in |
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| accordance with
guidelines established by the Department.
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| In all counties with less than 3,000,000 inhabitants , the |
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| county board may by
resolution provide that , if a person has |
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| been granted a homestead exemption
under this Section, the |
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| person qualifying need not reapply for the exemption.
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| In counties with less than 3,000,000 inhabitants, if the |
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| assessor or chief
county assessment officer requires annual |
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| application for verification of
eligibility for an exemption |
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| once granted under this Section, the application
shall be |
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| mailed to the taxpayer.
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| The assessor or chief county assessment officer shall |
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| notify each person
who qualifies for an exemption under this |
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| Section that the person may also
qualify for deferral of real |
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| estate taxes under the Senior Citizens Real Estate
Tax Deferral |
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| Act. The notice shall set forth the qualifications needed for
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| deferral of real estate taxes, the address and telephone number |
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| of
county collector, and a
statement that applications for |
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| deferral of real estate taxes may be obtained
from the county |
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| collector.
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| Notwithstanding Sections 6 and 8 of the State Mandates Act, |
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| no
reimbursement by the State is required for the |
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| implementation of any mandate
created by this Section.
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| (Source: P.A. 92-196, eff. 1-1-02; 93-511, eff. 8-11-03.)".
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