Full Text of SB0826 95th General Assembly
SB0826ham001 95TH GENERAL ASSEMBLY
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Rep. Barbara Flynn Currie
Filed: 7/13/2007
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LRB095 05528 BDD 38068 a |
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| AMENDMENT TO SENATE BILL 826
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| AMENDMENT NO. ______. Amend Senate Bill 826 by replacing | 3 |
| everything after the enacting clause with the following: | 4 |
| "Section 5. If and only if Senate Bill 13 of the 95th | 5 |
| General Assembly (as amended by House Amendments No. 1 and 2) | 6 |
| becomes law, then the Property Tax Code is amended by changing | 7 |
| Sections 15-168, 15-172, 15-175, 15-176, 15-177, and 24-35 as | 8 |
| follows: | 9 |
| (35 ILCS 200/15-168)
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| Sec. 15-168. Disabled persons' homestead exemption. | 11 |
| (a) Beginning with the assessment for the 2007 tax year, an
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| annual homestead exemption is granted to disabled persons in
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| the amount of $2,000, except as provided in subsection (c), to
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| be deducted from the property's value as equalized or assessed
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| by the Department of Revenue. The disabled person shall receive
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| the homestead exemption upon meeting the following
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| requirements: | 2 |
| (1) The property must be occupied as a residence by the | 3 |
| disabled person. | 4 |
| (2) The disabled person must be liable for paying the
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| real estate taxes on the property. | 6 |
| (3) The disabled person must be an owner of record of
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| the property or have a legal or equitable interest in the
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| property as evidenced by a written instrument. In the case
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| of a leasehold interest in property, the lease must be for
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| a single family residence. | 11 |
| A person who is disabled during the current assessment year
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| is eligible to apply for this homestead exemption during that
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| assessment year. Application must be made during the
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| application period in effect for the county of residence. If a
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| homestead exemption has been granted under this Section and the
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| person awarded the exemption subsequently becomes a resident of
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| a facility licensed under the Nursing Home Care Act, then the
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| exemption shall continue (i) so long as the residence continues
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| to be occupied by the qualifying person's spouse or (ii) if the
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| residence remains unoccupied but is still owned by the person
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| qualified for the homestead exemption. | 22 |
| (b) For the purposes of this Section, "disabled person"
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| means a person unable to engage in any substantial gainful | 24 |
| activity by reason of a medically determinable physical or | 25 |
| mental impairment which can be expected to result in death or | 26 |
| has lasted or can be expected to last for a continuous period |
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| of not less than 12 months. Disabled persons filing claims | 2 |
| under this Act shall submit proof of disability in such form | 3 |
| and manner as the Department shall by rule and regulation | 4 |
| prescribe. Proof that a claimant is eligible to receive | 5 |
| disability benefits under the Federal Social Security Act shall | 6 |
| constitute proof of disability for purposes of this Act. | 7 |
| Issuance of an Illinois Disabled Person Identification Card | 8 |
| stating that the claimant is under a Class 2 disability, as | 9 |
| defined in Section 4A of The Illinois Identification Card Act, | 10 |
| shall constitute proof that the person named thereon is a | 11 |
| disabled person for purposes of this Act. A disabled person not | 12 |
| covered under the Federal Social Security Act and not | 13 |
| presenting a Disabled Person Identification Card stating that | 14 |
| the claimant is under a Class 2 disability shall be examined by | 15 |
| a physician designated by the Department, and his status as a | 16 |
| disabled person determined using the same standards as used by | 17 |
| the Social Security Administration. The costs of any required | 18 |
| examination shall be borne by the claimant. | 19 |
| (c) For land improved with (i) an apartment building owned
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| and operated as a cooperative or (ii) a life care facility as
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| defined under Section 2 of the Life Care Facilities Act that is
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| considered to be a cooperative, the maximum reduction from the
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| value of the property, as equalized or assessed by the
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| Department, shall be multiplied by the number of apartments or
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| units occupied by a disabled person. The disabled person shall
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| receive the homestead exemption upon meeting the following
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| requirements: | 2 |
| (1) The property must be occupied as a residence by the
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| disabled person. | 4 |
| (2) The disabled person must be liable by contract with
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| the owner or owners of record for paying the apportioned
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| property taxes on the property of the cooperative or life
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| care facility. In the case of a life care facility, the
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| disabled person must be liable for paying the apportioned
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| property taxes under a life care contract as defined in | 10 |
| Section 2 of the Life Care Facilities Act. | 11 |
| (3) The disabled person must be an owner of record of a
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| legal or equitable interest in the cooperative apartment
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| building. A leasehold interest does not meet this
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| requirement.
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| If a homestead exemption is granted under this subsection, the
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| cooperative association or management firm shall credit the
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| savings resulting from the exemption to the apportioned tax
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| liability of the qualifying disabled person. The chief county
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| assessment officer may request reasonable proof that the
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| association or firm has properly credited the exemption. A
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| person who willfully refuses to credit an exemption to the
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| qualified disabled person is guilty of a Class B misdemeanor.
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| (d) The chief county assessment officer shall determine the
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| eligibility of property to receive the homestead exemption
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| according to guidelines established by the Department. After a
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| person has received an exemption under this Section, an annual
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| verification of eligibility for the exemption shall be mailed
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| to the taxpayer. | 3 |
| In counties with fewer than 3,000,000 inhabitants, the
The | 4 |
| chief county assessment officer shall provide to each
person | 5 |
| granted a homestead exemption under this Section a form
to | 6 |
| designate any other person to receive a duplicate of any
notice | 7 |
| of delinquency in the payment of taxes assessed and
levied | 8 |
| under this Code on the person's qualifying property. The
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| duplicate notice shall be in addition to the notice required to
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| be provided to the person receiving the exemption and shall be | 11 |
| given in the manner required by this Code. The person filing
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| the request for the duplicate notice shall pay an
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| administrative fee of $5 to the chief county assessment
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| officer. The assessment officer shall then file the executed
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| designation with the county collector, who shall issue the
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| duplicate notices as indicated by the designation. A
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| designation may be rescinded by the disabled person in the
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| manner required by the chief county assessment officer.
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| (Source: 095SB0013 with ham01 and ham02.)
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| (35 ILCS 200/15-172)
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| Sec. 15-172. Senior Citizens Assessment Freeze Homestead | 22 |
| Exemption.
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| (a) This Section may be cited as the Senior Citizens | 24 |
| Assessment
Freeze Homestead Exemption.
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| (b) As used in this Section:
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| "Applicant" means an individual who has filed an | 2 |
| application under this
Section.
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| "Base amount" means the base year equalized assessed value | 4 |
| of the residence
plus the first year's equalized assessed value | 5 |
| of any added improvements which
increased the assessed value of | 6 |
| the residence after the base year.
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| "Base year" means the taxable year prior to the taxable | 8 |
| year for which the
applicant first qualifies and applies for | 9 |
| the exemption provided that in the
prior taxable year the | 10 |
| property was improved with a permanent structure that
was | 11 |
| occupied as a residence by the applicant who was liable for | 12 |
| paying real
property taxes on the property and who was either | 13 |
| (i) an owner of record of the
property or had legal or | 14 |
| equitable interest in the property as evidenced by a
written | 15 |
| instrument or (ii) had a legal or equitable interest as a | 16 |
| lessee in the
parcel of property that was single family | 17 |
| residence.
If in any subsequent taxable year for which the | 18 |
| applicant applies and
qualifies for the exemption the equalized | 19 |
| assessed value of the residence is
less than the equalized | 20 |
| assessed value in the existing base year
(provided that such | 21 |
| equalized assessed value is not
based
on an
assessed value that | 22 |
| results from a temporary irregularity in the property that
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| reduces the
assessed value for one or more taxable years), then | 24 |
| that
subsequent taxable year shall become the base year until a | 25 |
| new base year is
established under the terms of this paragraph. | 26 |
| For taxable year 1999 only, the
Chief County Assessment Officer |
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| shall review (i) all taxable years for which
the
applicant | 2 |
| applied and qualified for the exemption and (ii) the existing | 3 |
| base
year.
The assessment officer shall select as the new base | 4 |
| year the year with the
lowest equalized assessed value.
An | 5 |
| equalized assessed value that is based on an assessed value | 6 |
| that results
from a
temporary irregularity in the property that | 7 |
| reduces the assessed value for one
or more
taxable years shall | 8 |
| not be considered the lowest equalized assessed value.
The | 9 |
| selected year shall be the base year for
taxable year 1999 and | 10 |
| thereafter until a new base year is established under the
terms | 11 |
| of this paragraph.
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| "Chief County Assessment Officer" means the County | 13 |
| Assessor or Supervisor of
Assessments of the county in which | 14 |
| the property is located.
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| "Equalized assessed value" means the assessed value as | 16 |
| equalized by the
Illinois Department of Revenue.
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| "Household" means the applicant, the spouse of the | 18 |
| applicant, and all persons
using the residence of the applicant | 19 |
| as their principal place of residence.
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| "Household income" means the combined income of the members | 21 |
| of a household
for the calendar year preceding the taxable | 22 |
| year.
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| "Income" has the same meaning as provided in Section 3.07 | 24 |
| of the Senior
Citizens and Disabled Persons Property Tax Relief | 25 |
| and Pharmaceutical Assistance
Act, except that, beginning in | 26 |
| assessment year 2001, "income" does not
include veteran's |
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| benefits.
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| "Internal Revenue Code of 1986" means the United States | 3 |
| Internal Revenue Code
of 1986 or any successor law or laws | 4 |
| relating to federal income taxes in effect
for the year | 5 |
| preceding the taxable year.
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| "Life care facility that qualifies as a cooperative" means | 7 |
| a facility as
defined in Section 2 of the Life Care Facilities | 8 |
| Act.
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| "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
2006 ; | 13 |
| (4) $50,000 in taxable years 2006 and
year 2007; and | 14 |
| (5) $55,000 in taxable year 2008 and thereafter.
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| "Residence" means the principal dwelling place and | 16 |
| appurtenant structures
used for residential purposes in this | 17 |
| State occupied on January 1 of the
taxable year by a household | 18 |
| and so much of the surrounding land, constituting
the parcel | 19 |
| upon which the dwelling place is situated, as is used for
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| residential purposes. If the Chief County Assessment Officer | 21 |
| has established a
specific legal description for a portion of | 22 |
| property constituting the
residence, then that portion of | 23 |
| property shall be deemed the residence for the
purposes of this | 24 |
| Section.
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| "Taxable year" means the calendar year during which ad | 26 |
| valorem property taxes
payable in the next succeeding year are |
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| levied.
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| (c) Beginning in taxable year 1994, a senior citizens | 3 |
| assessment freeze
homestead exemption is granted for real | 4 |
| property that is improved with a
permanent structure that is | 5 |
| occupied as a residence by an applicant who (i) is
65 years of | 6 |
| age or older during the taxable year, (ii) has a household | 7 |
| income that does not exceed the maximum income limitation, | 8 |
| (iii) is liable for paying real property taxes on
the
property, | 9 |
| and (iv) is an owner of record of the property or has a legal or
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| equitable interest in the property as evidenced by a written | 11 |
| instrument. This
homestead exemption shall also apply to a | 12 |
| leasehold interest in a parcel of
property improved with a | 13 |
| permanent structure that is a single family residence
that is | 14 |
| occupied as a residence by a person who (i) is 65 years of age | 15 |
| or older
during the taxable year, (ii) has a household income | 16 |
| that does not exceed the maximum income limitation,
(iii)
has a | 17 |
| legal or equitable ownership interest in the property as | 18 |
| lessee, and (iv)
is liable for the payment of real property | 19 |
| taxes on that property.
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| In counties of 3,000,000 or more inhabitants, the amount of | 21 |
| the exemption for all taxable years is the equalized assessed | 22 |
| value of the
residence in the taxable year for which | 23 |
| application is made minus the base
amount. In all other | 24 |
| counties, the amount of the exemption is as follows: (i) | 25 |
| through
Through taxable year 2005 and for taxable year 2007 and | 26 |
| thereafter, the amount of this exemption shall be the equalized |
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| assessed value of the
residence in the taxable year for which | 2 |
| application is made minus the base
amount ; and (ii) for . For | 3 |
| taxable year 2006, the amount of the exemption is as follows:
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| (1) For an applicant who has a household income of | 5 |
| $45,000 or less, the amount of the exemption is the | 6 |
| equalized assessed value of the
residence in the taxable | 7 |
| year for which application is made minus the base
amount. | 8 |
| (2) For an applicant who has a household income | 9 |
| exceeding $45,000 but not exceeding $46,250, the amount of | 10 |
| the exemption is (i) the equalized assessed value of the
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| residence in the taxable year for which application is made | 12 |
| minus the base
amount (ii) multiplied by 0.8. | 13 |
| (3) For an applicant who has a household income | 14 |
| exceeding $46,250 but not exceeding $47,500, the amount of | 15 |
| the exemption is (i) the equalized assessed value of the
| 16 |
| residence in the taxable year for which application is made | 17 |
| minus the base
amount (ii) multiplied by 0.6. | 18 |
| (4) For an applicant who has a household income | 19 |
| exceeding $47,500 but not exceeding $48,750, the amount of | 20 |
| the exemption is (i) the equalized assessed value of the
| 21 |
| residence in the taxable year for which application is made | 22 |
| minus the base
amount (ii) multiplied by 0.4. | 23 |
| (5) For an applicant who has a household income | 24 |
| exceeding $48,750 but not exceeding $50,000, the amount of | 25 |
| the exemption is (i) the equalized assessed value of the
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| residence in the taxable year for which application is made |
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| minus the base
amount (ii) multiplied by 0.2.
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| When the applicant is a surviving spouse of an applicant | 3 |
| for a prior year for
the same residence for which an exemption | 4 |
| under this Section has been granted,
the base year and base | 5 |
| amount for that residence are the same as for the
applicant for | 6 |
| the prior year.
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| Each year at the time the assessment books are certified to | 8 |
| the County Clerk,
the Board of Review or Board of Appeals shall | 9 |
| give to the County Clerk a list
of the assessed values of | 10 |
| improvements on each parcel qualifying for this
exemption that | 11 |
| were added after the base year for this parcel and that
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| increased the assessed value of the property.
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| In the case of land improved with an apartment building | 14 |
| owned and operated as
a cooperative or a building that is a | 15 |
| life care facility that qualifies as a
cooperative, the maximum | 16 |
| reduction from the equalized assessed value of the
property is | 17 |
| limited to the sum of the reductions calculated for each unit
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| occupied as a residence by a person or persons (i) 65 years of | 19 |
| age or older, (ii) with a
household income that does not exceed | 20 |
| the maximum income limitation, (iii) who is liable, by contract | 21 |
| with the
owner
or owners of record, for paying real property | 22 |
| taxes on the property, and (iv) who is
an owner of record of a | 23 |
| legal or equitable interest in the cooperative
apartment | 24 |
| building, other than a leasehold interest. In the instance of a
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| cooperative where a homestead exemption has been granted under | 26 |
| this Section,
the cooperative association or its management |
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| firm shall credit the savings
resulting from that exemption | 2 |
| only to the apportioned tax liability of the
owner who | 3 |
| qualified for the exemption. Any person who willfully refuses | 4 |
| to
credit that savings to an owner who qualifies for the | 5 |
| exemption is guilty of a
Class B misdemeanor.
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| When a homestead exemption has been granted under this | 7 |
| Section and an
applicant then becomes a resident of a facility | 8 |
| licensed under the Nursing Home
Care Act, the exemption shall | 9 |
| be granted in subsequent years so long as the
residence (i) | 10 |
| continues to be occupied by the qualified applicant's spouse or
| 11 |
| (ii) if remaining unoccupied, is still owned by the qualified | 12 |
| applicant for the
homestead exemption.
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| Beginning January 1, 1997, when an individual dies who | 14 |
| would have qualified
for an exemption under this Section, and | 15 |
| the surviving spouse does not
independently qualify for this | 16 |
| exemption because of age, the exemption under
this Section | 17 |
| shall be granted to the surviving spouse for the taxable year
| 18 |
| preceding and the taxable
year of the death, provided that, | 19 |
| except for age, the surviving spouse meets
all
other | 20 |
| qualifications for the granting of this exemption for those | 21 |
| years.
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| When married persons maintain separate residences, the | 23 |
| exemption provided for
in this Section may be claimed by only | 24 |
| one of such persons and for only one
residence.
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| For taxable year 1994 only, in counties having less than | 26 |
| 3,000,000
inhabitants, to receive the exemption, a person shall |
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| submit an application by
February 15, 1995 to the Chief County | 2 |
| Assessment Officer
of the county in which the property is | 3 |
| located. In counties having 3,000,000
or more inhabitants, for | 4 |
| taxable year 1994 and all subsequent taxable years, to
receive | 5 |
| the exemption, a person
may submit an application to the Chief | 6 |
| County
Assessment Officer of the county in which the property | 7 |
| is located during such
period as may be specified by the Chief | 8 |
| County Assessment Officer. The Chief
County Assessment Officer | 9 |
| in counties of 3,000,000 or more inhabitants shall
annually | 10 |
| give notice of the application period by mail or by | 11 |
| publication. In
counties having less than 3,000,000 | 12 |
| inhabitants, beginning with taxable year
1995 and thereafter, | 13 |
| to receive the exemption, a person
shall
submit an
application | 14 |
| by July 1 of each taxable year to the Chief County Assessment
| 15 |
| Officer of the county in which the property is located. A | 16 |
| county may, by
ordinance, establish a date for submission of | 17 |
| applications that is
different than
July 1.
The applicant shall | 18 |
| submit with the
application an affidavit of the applicant's | 19 |
| total household income, age,
marital status (and if married the | 20 |
| name and address of the applicant's spouse,
if known), and | 21 |
| principal dwelling place of members of the household on January
| 22 |
| 1 of the taxable year. The Department shall establish, by rule, | 23 |
| a method for
verifying the accuracy of affidavits filed by | 24 |
| applicants under this Section, and the Chief County Assessment | 25 |
| Officer may conduct audits of any taxpayer claiming an | 26 |
| exemption under this Section to verify that the taxpayer is |
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| eligible to receive the exemption. Each application shall | 2 |
| contain or be verified by a written declaration that it is made | 3 |
| under the penalties of perjury. A taxpayer's signing a | 4 |
| fraudulent application under this Act is perjury, as defined in | 5 |
| Section 32-2 of the Criminal Code of 1961.
The applications | 6 |
| shall be clearly marked as applications for the Senior
Citizens | 7 |
| Assessment Freeze Homestead Exemption and must contain a notice | 8 |
| that any taxpayer who receives the exemption is subject to an | 9 |
| audit by the Chief County Assessment Officer.
| 10 |
| Notwithstanding any other provision to the contrary, in | 11 |
| counties having fewer
than 3,000,000 inhabitants, if an | 12 |
| applicant fails
to file the application required by this | 13 |
| Section in a timely manner and this
failure to file is due to a | 14 |
| mental or physical condition sufficiently severe so
as to | 15 |
| render the applicant incapable of filing the application in a | 16 |
| timely
manner, the Chief County Assessment Officer may extend | 17 |
| the filing deadline for
a period of 30 days after the applicant | 18 |
| regains the capability to file the
application, but in no case | 19 |
| may the filing deadline be extended beyond 3
months of the | 20 |
| original filing deadline. In order to receive the extension
| 21 |
| provided in this paragraph, the applicant shall provide the | 22 |
| Chief County
Assessment Officer with a signed statement from | 23 |
| the applicant's physician
stating the nature and extent of the | 24 |
| condition, that, in the
physician's opinion, the condition was | 25 |
| so severe that it rendered the applicant
incapable of filing | 26 |
| the application in a timely manner, and the date on which
the |
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| applicant regained the capability to file the application.
| 2 |
| Beginning January 1, 1998, notwithstanding any other | 3 |
| provision to the
contrary, in counties having fewer than | 4 |
| 3,000,000 inhabitants, if an applicant
fails to file the | 5 |
| application required by this Section in a timely manner and
| 6 |
| this failure to file is due to a mental or physical condition | 7 |
| sufficiently
severe so as to render the applicant incapable of | 8 |
| filing the application in a
timely manner, the Chief County | 9 |
| Assessment Officer may extend the filing
deadline for a period | 10 |
| of 3 months. In order to receive the extension provided
in this | 11 |
| paragraph, the applicant shall provide the Chief County | 12 |
| Assessment
Officer with a signed statement from the applicant's | 13 |
| physician stating the
nature and extent of the condition, and | 14 |
| that, in the physician's opinion, the
condition was so severe | 15 |
| that it rendered the applicant incapable of filing the
| 16 |
| application in a timely manner.
| 17 |
| In counties having less than 3,000,000 inhabitants, if an | 18 |
| applicant was
denied an exemption in taxable year 1994 and the | 19 |
| denial occurred due to an
error on the part of an assessment
| 20 |
| official, or his or her agent or employee, then beginning in | 21 |
| taxable year 1997
the
applicant's base year, for purposes of | 22 |
| determining the amount of the exemption,
shall be 1993 rather | 23 |
| than 1994. In addition, in taxable year 1997, the
applicant's | 24 |
| exemption shall also include an amount equal to (i) the amount | 25 |
| of
any exemption denied to the applicant in taxable year 1995 | 26 |
| as a result of using
1994, rather than 1993, as the base year, |
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| (ii) the amount of any exemption
denied to the applicant in | 2 |
| taxable year 1996 as a result of using 1994, rather
than 1993, | 3 |
| as the base year, and (iii) the amount of the exemption | 4 |
| erroneously
denied for taxable year 1994.
| 5 |
| For purposes of this Section, a person who will be 65 years | 6 |
| of age during the
current taxable year shall be eligible to | 7 |
| apply for the homestead exemption
during that taxable year. | 8 |
| Application shall be made during the application
period in | 9 |
| effect for the county of his or her residence.
| 10 |
| The Chief County Assessment Officer may determine the | 11 |
| eligibility of a life
care facility that qualifies as a | 12 |
| cooperative to receive the benefits
provided by this Section by | 13 |
| use of an affidavit, application, visual
inspection, | 14 |
| questionnaire, or other reasonable method in order to insure | 15 |
| that
the tax savings resulting from the exemption are credited | 16 |
| by the management
firm to the apportioned tax liability of each | 17 |
| qualifying resident. The Chief
County Assessment Officer may | 18 |
| request reasonable proof that the management firm
has so | 19 |
| credited that exemption.
| 20 |
| Except as provided in this Section, all information | 21 |
| received by the chief
county assessment officer or the | 22 |
| Department from applications filed under this
Section, or from | 23 |
| any investigation conducted under the provisions of this
| 24 |
| Section, shall be confidential, except for official purposes or
| 25 |
| pursuant to official procedures for collection of any State or | 26 |
| local tax or
enforcement of any civil or criminal penalty or |
|
|
|
09500SB0826ham001 |
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|
| 1 |
| sanction imposed by this Act or
by any statute or ordinance | 2 |
| imposing a State or local tax. Any person who
divulges any such | 3 |
| information in any manner, except in accordance with a proper
| 4 |
| judicial order, is guilty of a Class A misdemeanor.
| 5 |
| Nothing contained in this Section shall prevent the | 6 |
| Director or chief county
assessment officer from publishing or | 7 |
| making available reasonable statistics
concerning the | 8 |
| operation of the exemption contained in this Section in which
| 9 |
| the contents of claims are grouped into aggregates in such a | 10 |
| way that
information contained in any individual claim shall | 11 |
| not be disclosed.
| 12 |
| (d) Each Chief County Assessment Officer shall annually | 13 |
| publish a notice
of availability of the exemption provided | 14 |
| under this Section. The notice
shall be published at least 60 | 15 |
| days but no more than 75 days prior to the date
on which the | 16 |
| application must be submitted to the Chief County Assessment
| 17 |
| Officer of the county in which the property is located. The | 18 |
| notice shall
appear in a newspaper of general circulation in | 19 |
| the county.
| 20 |
| Notwithstanding Sections 6 and 8 of the State Mandates Act, | 21 |
| no reimbursement by the State is required for the | 22 |
| implementation of any mandate created by this Section.
| 23 |
| (Source: P.A. 93-715, eff. 7-12-04; 94-794, eff. 5-22-06; | 24 |
| 095SB0013 with ham01 and ham02.)
| 25 |
| (35 ILCS 200/15-175)
|
|
|
|
09500SB0826ham001 |
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LRB095 05528 BDD 38068 a |
|
| 1 |
| Sec. 15-175. General homestead exemption. Except as | 2 |
| provided in Sections 15-176 and 15-177, homestead
property is
| 3 |
| entitled to an annual homestead exemption limited, except as | 4 |
| described here
with relation to cooperatives, to a reduction in | 5 |
| the equalized assessed value
of homestead property equal to the | 6 |
| increase in equalized assessed value for the
current assessment | 7 |
| year above the equalized assessed value of the property for
| 8 |
| 1977, up to the maximum reduction set forth below. If however, | 9 |
| the 1977
equalized assessed value upon which taxes were paid is | 10 |
| subsequently determined
by local assessing officials, the | 11 |
| Property Tax Appeal Board, or a court to have
been excessive, | 12 |
| the equalized assessed value which should have been placed on
| 13 |
| the property for 1977 shall be used to determine the amount of | 14 |
| the exemption.
| 15 |
| Except as provided in Section 15-176, the maximum reduction | 16 |
| before taxable year 2004 shall be
$4,500 in counties with | 17 |
| 3,000,000 or more
inhabitants
and $3,500 in all other counties. | 18 |
| Except as provided in Sections 15-176 and 15-177, for taxable | 19 |
| years 2004 through 2007, the maximum reduction shall be $5,000, | 20 |
| for taxable year 2008, the maximum reduction is $5,500, and, | 21 |
| for taxable years 2009 and thereafter, the maximum reduction is | 22 |
| $6,000 in all counties.
If a county has elected to subject | 23 |
| itself to the provisions of Section 15-176 as provided in | 24 |
| subsection (k) of that Section, then, for the first taxable | 25 |
| year only after the provisions of Section 15-176 no longer | 26 |
| apply, for owners who, for the taxable year, have not been |
|
|
|
09500SB0826ham001 |
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|
| 1 |
| granted a senior citizens assessment freeze homestead | 2 |
| exemption under Section 15-172 or a long-time occupant | 3 |
| homestead exemption under Section 15-177, there shall be an | 4 |
| additional exemption of $5,000 for owners with a household | 5 |
| income of $30,000 or less.
| 6 |
| In counties with fewer than 3,000,000 inhabitants, if, | 7 |
| based on the most
recent assessment, the equalized assessed | 8 |
| value of
the homestead property for the current assessment year | 9 |
| is greater than the
equalized assessed value of the property | 10 |
| for 1977, the owner of the property
shall automatically receive | 11 |
| the exemption granted under this Section in an
amount equal to | 12 |
| the increase over the 1977 assessment up to the maximum
| 13 |
| reduction set forth in this Section.
| 14 |
| If in any assessment year beginning with the 2000 | 15 |
| assessment year,
homestead property has a pro-rata valuation | 16 |
| under
Section 9-180 resulting in an increase in the assessed | 17 |
| valuation, a reduction
in equalized assessed valuation equal to | 18 |
| the increase in equalized assessed
value of the property for | 19 |
| the year of the pro-rata valuation above the
equalized assessed | 20 |
| value of the property for 1977 shall be applied to the
property | 21 |
| on a proportionate basis for the period the property qualified | 22 |
| as
homestead property during the assessment year. The maximum | 23 |
| proportionate
homestead exemption shall not exceed the maximum | 24 |
| homestead exemption allowed in
the county under this Section | 25 |
| divided by 365 and multiplied by the number of
days the | 26 |
| property qualified as homestead property.
|
|
|
|
09500SB0826ham001 |
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|
| 1 |
| "Homestead property" under this Section includes | 2 |
| residential property that is
occupied by its owner or owners as | 3 |
| his or their principal dwelling place, or
that is a leasehold | 4 |
| interest on which a single family residence is situated,
which | 5 |
| is occupied as a residence by a person who has an ownership | 6 |
| interest
therein, legal or equitable or as a lessee, and on | 7 |
| which the person is
liable for the payment of property taxes. | 8 |
| For land improved with
an apartment building owned and operated | 9 |
| as a cooperative or a building which
is a life care facility as | 10 |
| defined in Section 15-170 and considered to
be a cooperative | 11 |
| under Section 15-170, the maximum reduction from the equalized
| 12 |
| assessed value shall be limited to the increase in the value | 13 |
| above the
equalized assessed value of the property for 1977, up | 14 |
| to
the maximum reduction set forth above, multiplied by the | 15 |
| number of apartments
or units occupied by a person or persons | 16 |
| who is liable, by contract with the
owner or owners of record, | 17 |
| for paying property taxes on the property and is an
owner of | 18 |
| record of a legal or equitable interest in the cooperative
| 19 |
| apartment building, other than a leasehold interest. For | 20 |
| purposes of this
Section, the term "life care facility" has the | 21 |
| meaning stated in Section
15-170.
| 22 |
| "Household", as used in this Section,
means the owner, the | 23 |
| spouse of the owner, and all persons using
the
residence of the | 24 |
| owner as their principal place of residence.
| 25 |
| "Household income", as used in this Section,
means the | 26 |
| combined income of the members of a household
for the calendar |
|
|
|
09500SB0826ham001 |
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LRB095 05528 BDD 38068 a |
|
| 1 |
| year preceding the taxable year.
| 2 |
| "Income", as used in this Section,
has the same meaning as | 3 |
| provided in Section 3.07 of the Senior
Citizens
and Disabled | 4 |
| Persons Property Tax Relief and Pharmaceutical Assistance Act,
| 5 |
| except that
"income" does not include veteran's benefits.
| 6 |
| In a cooperative where a homestead exemption has been | 7 |
| granted, the
cooperative association or its management firm | 8 |
| shall credit the savings
resulting from that exemption only to | 9 |
| the apportioned tax liability of the
owner who qualified for | 10 |
| the exemption. Any person who willfully refuses to so
credit | 11 |
| the savings shall be guilty of a Class B misdemeanor.
| 12 |
| Where married persons maintain and reside in separate | 13 |
| residences qualifying
as homestead property, each residence | 14 |
| shall receive 50% of the total reduction
in equalized assessed | 15 |
| valuation provided by this Section.
| 16 |
| In all counties, the assessor
or chief county assessment | 17 |
| officer may determine the
eligibility of residential property | 18 |
| to receive the homestead exemption and the amount of the | 19 |
| exemption by
application, visual inspection, questionnaire or | 20 |
| other reasonable methods. The
determination shall be made in | 21 |
| accordance with guidelines established by the
Department, | 22 |
| provided that the taxpayer applying for an additional general | 23 |
| exemption under this Section shall submit to the chief county | 24 |
| assessment officer an application with an affidavit of the | 25 |
| applicant's total household income, age, marital status (and, | 26 |
| if married, the name and address of the applicant's spouse, if |
|
|
|
09500SB0826ham001 |
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LRB095 05528 BDD 38068 a |
|
| 1 |
| known), and principal dwelling place of members of the | 2 |
| household on January 1 of the taxable year. The Department | 3 |
| shall issue guidelines establishing a method for verifying the | 4 |
| accuracy of the affidavits filed by applicants under this | 5 |
| paragraph. The applications shall be clearly marked as | 6 |
| applications for the Additional General Homestead Exemption.
| 7 |
| In counties with fewer than 3,000,000 inhabitants, in the | 8 |
| event of a sale
of
homestead property the homestead exemption | 9 |
| shall remain in effect for the
remainder of the assessment year | 10 |
| of the sale. The assessor or chief county
assessment officer | 11 |
| may require the new
owner of the property to apply for the | 12 |
| homestead exemption for the following
assessment year.
| 13 |
| Notwithstanding Sections 6 and 8 of the State Mandates Act, | 14 |
| no reimbursement by the State is required for the | 15 |
| implementation of any mandate created by this Section.
| 16 |
| (Source: P.A. 93-715, eff. 7-12-04; 095SB0013 with ham01 and | 17 |
| ham02.)
| 18 |
| (35 ILCS 200/15-176)
| 19 |
| Sec. 15-176. Alternative general homestead exemption.
| 20 |
| (a) For the assessment years as determined under subsection | 21 |
| (j), in any county that has elected, by an ordinance in | 22 |
| accordance with subsection (k), to be subject to the provisions | 23 |
| of this Section in lieu of the provisions of Section 15-175, | 24 |
| homestead property is
entitled to
an annual homestead exemption | 25 |
| equal to a reduction in the property's equalized
assessed
value |
|
|
|
09500SB0826ham001 |
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LRB095 05528 BDD 38068 a |
|
| 1 |
| calculated as provided in this Section.
| 2 |
| (b) As used in this Section:
| 3 |
| (1) "Assessor" means the supervisor of assessments or | 4 |
| the chief county assessment officer of each county.
| 5 |
| (2) "Adjusted homestead value" means the lesser of the | 6 |
| following values:
| 7 |
| (A) The property's base homestead value increased | 8 |
| by 7% for each
tax year after the base year through and | 9 |
| including the current tax year, or, if the property is | 10 |
| sold or ownership is otherwise transferred, the | 11 |
| property's base homestead value increased by 7% for | 12 |
| each tax year after the year of the sale or transfer | 13 |
| through and including the current tax year. The | 14 |
| increase by 7% each year is an increase by 7% over the | 15 |
| prior year.
| 16 |
| (B) The property's equalized assessed value for | 17 |
| the current tax
year minus: (i) $4,500 in Cook County | 18 |
| or $3,500 in all other counties in tax year 2003;
(ii) | 19 |
| $5,000 in all counties in tax years 2004 and 2005; and | 20 |
| (iii) the lesser of the amount of the general homestead | 21 |
| exemption under Section 15-175
$5,000 or an amount | 22 |
| equal to the increase in the equalized assessed value | 23 |
| for the current tax year above the equalized assessed | 24 |
| value for 1977 in tax year 2006 and thereafter.
| 25 |
| (3) "Base homestead value".
| 26 |
| (A) Except as provided in subdivision (b)(3)(A-5) |
|
|
|
09500SB0826ham001 |
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LRB095 05528 BDD 38068 a |
|
| 1 |
| or (b)(3)(B), "base homestead value" means the | 2 |
| equalized assessed value of the property for the base | 3 |
| year
prior to exemptions, minus (i) $4,500 in Cook | 4 |
| County or $3,500 in all other counties in tax year | 5 |
| 2003 ,
or (ii) $5,000 in all counties in tax years
year | 6 |
| 2004 and 2005, or (iii) the lesser of the amount of the | 7 |
| general homestead exemption under Section 15-175 or an | 8 |
| amount equal to the increase in the equalized assessed | 9 |
| value for the current tax year above the equalized | 10 |
| assessed value for 1977 in tax year 2006 and | 11 |
| thereafter, provided that it was assessed for that
year | 12 |
| as residential property qualified for any of the | 13 |
| homestead exemptions
under Sections 15-170 through | 14 |
| 15-175 of this Code, then in force, and
further | 15 |
| provided that the property's assessment was not based | 16 |
| on a reduced
assessed value resulting from a temporary | 17 |
| irregularity in the property for
that year. Except as | 18 |
| provided in subdivision (b)(3)(B), if the property did | 19 |
| not have a
residential
equalized assessed value for the | 20 |
| base year, then "base homestead value" means the base
| 21 |
| homestead value established by the assessor under | 22 |
| subsection (c).
| 23 |
| (A-5) On or before September
July 1, 2007, in Cook | 24 |
| County, the base homestead value, as set forth under | 25 |
| subdivision (b)(3)(A) and except as provided under | 26 |
| subdivision (b) (3) (B), must be recalculated as the |
|
|
|
09500SB0826ham001 |
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LRB095 05528 BDD 38068 a |
|
| 1 |
| equalized assessed value of the property for the base | 2 |
| year, prior to exemptions, minus: | 3 |
| (1) if the general assessment year for the | 4 |
| property was 2003, the lesser of (i) $4,500 or (ii) | 5 |
| the amount equal to the increase in equalized | 6 |
| assessed value for the 2002 tax year above the | 7 |
| equalized assessed value for 1977; | 8 |
| (2) if the general assessment year for the | 9 |
| property was 2004, the lesser of (i) $4,500 or (ii) | 10 |
| the amount equal to the increase in equalized | 11 |
| assessed value for the 2003 tax year above the | 12 |
| equalized assessed value for 1977; | 13 |
| (3) if the general assessment year for the | 14 |
| property was 2005, the lesser of (i) $5,000 or (ii) | 15 |
| the amount equal to the increase in equalized | 16 |
| assessed value for the 2004 tax year above the | 17 |
| equalized assessed value for 1977.
| 18 |
| (B) If the property is sold or ownership is | 19 |
| otherwise transferred, other than sales or transfers | 20 |
| between spouses or between a parent and a child, "base | 21 |
| homestead value" means the equalized assessed value of | 22 |
| the property at the time of the sale or transfer prior | 23 |
| to exemptions, minus: (i) $4,500 in Cook County or | 24 |
| $3,500 in all other counties in tax year 2003; (ii) | 25 |
| $5,000 in all counties in tax years 2004 and 2005; and | 26 |
| (iii) the lesser of the amount of the general homestead |
|
|
|
09500SB0826ham001 |
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LRB095 05528 BDD 38068 a |
|
| 1 |
| exemption under Section 15-175
$5,000 or an amount | 2 |
| equal to the increase in the equalized assessed value | 3 |
| for the current tax year above the equalized assessed | 4 |
| value for 1977 in tax year 2006 and thereafter, | 5 |
| provided that it was assessed as residential property | 6 |
| qualified for any of the homestead exemptions
under | 7 |
| Sections 15-170 through 15-175 of this Code, then in | 8 |
| force, and
further provided that the property's | 9 |
| assessment was not based on a reduced
assessed value | 10 |
| resulting from a temporary irregularity in the | 11 |
| property.
| 12 |
| (3.5) "Base year" means (i) tax year 2002 in Cook | 13 |
| County or (ii) tax year 2005 or 2006 in all other counties | 14 |
| in accordance with the designation made by the county as | 15 |
| provided in subsection (k).
| 16 |
| (4) "Current tax year" means the tax year for which the | 17 |
| exemption under
this Section is being applied.
| 18 |
| (5) "Equalized assessed value" means the property's | 19 |
| assessed value as
equalized by the Department.
| 20 |
| (6) "Homestead" or "homestead property" means:
| 21 |
| (A) Residential property that as of January 1 of | 22 |
| the tax year is
occupied by its owner or owners as his, | 23 |
| her, or their principal dwelling
place, or that is a | 24 |
| leasehold interest on which a single family residence | 25 |
| is
situated, that is occupied as a residence by a | 26 |
| person who has a legal or
equitable interest therein |
|
|
|
09500SB0826ham001 |
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LRB095 05528 BDD 38068 a |
|
| 1 |
| evidenced by a written instrument, as an owner
or as a | 2 |
| lessee, and on which the person is liable for the | 3 |
| payment of
property taxes. Residential units in an | 4 |
| apartment building owned and
operated as a | 5 |
| cooperative, or as a life care facility, which are | 6 |
| occupied by
persons who hold a legal or equitable | 7 |
| interest in the cooperative apartment
building or life | 8 |
| care facility as owners or lessees, and who are liable | 9 |
| by
contract for the payment of property taxes, shall be | 10 |
| included within this
definition of homestead property.
| 11 |
| (B) A homestead includes the dwelling place, | 12 |
| appurtenant
structures, and so much of the surrounding | 13 |
| land constituting the parcel on
which the dwelling | 14 |
| place is situated as is used for residential purposes. | 15 |
| If
the assessor has established a specific legal | 16 |
| description for a portion of
property constituting the | 17 |
| homestead, then the homestead shall be limited to
the | 18 |
| property within that description.
| 19 |
| (7) "Life care facility" means a facility as defined in | 20 |
| Section 2 of the
Life
Care Facilities Act.
| 21 |
| (c) If the property did not have a residential equalized | 22 |
| assessed value for
the base year as provided in subdivision | 23 |
| (b)(3)(A) of this Section, then the assessor
shall first | 24 |
| determine an initial value for the property by comparison with
| 25 |
| assessed values for the base year of other properties having | 26 |
| physical and
economic characteristics similar to those of the |
|
|
|
09500SB0826ham001 |
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LRB095 05528 BDD 38068 a |
|
| 1 |
| subject property, so that the
initial value is uniform in | 2 |
| relation to assessed values of those other
properties for the | 3 |
| base year. The product of the initial value multiplied by
the | 4 |
| equalized factor for the base year for homestead properties in | 5 |
| that county, less: (i) $4,500 in Cook County or $3,500 in all | 6 |
| other counties in tax years 2003; (ii) $5,000 in all counties | 7 |
| in tax year 2004 and 2005; and (iii) the lesser of the amount | 8 |
| of the general homestead exemption under Section 15-175
$5,000 | 9 |
| or an amount equal to the increase in the equalized assessed | 10 |
| value for the current tax year above the equalized assessed | 11 |
| value for 1977 in tax year 2006 and thereafter, is the base | 12 |
| homestead value.
| 13 |
| For any tax year for which the assessor determines or | 14 |
| adjusts an initial
value and
hence a base homestead value under | 15 |
| this subsection (c), the initial value shall
be subject
to | 16 |
| review by the same procedures applicable to assessed values | 17 |
| established
under this
Code for that tax year.
| 18 |
| (d) The base homestead value shall remain constant, except | 19 |
| that the assessor
may
revise it under the following | 20 |
| circumstances:
| 21 |
| (1) If the equalized assessed value of a homestead | 22 |
| property for the current
tax year is less than the previous | 23 |
| base homestead value for that property, then the
current | 24 |
| equalized assessed value (provided it is not based on a | 25 |
| reduced assessed
value resulting from a temporary | 26 |
| irregularity in the property) shall become the
base |
|
|
|
09500SB0826ham001 |
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LRB095 05528 BDD 38068 a |
|
| 1 |
| homestead value in subsequent tax years.
| 2 |
| (2) For any year in which new buildings, structures, or | 3 |
| other
improvements are constructed on the homestead | 4 |
| property that would increase its
assessed value, the | 5 |
| assessor shall adjust the base homestead value as provided | 6 |
| in
subsection (c) of this Section with due regard to the | 7 |
| value added by the new
improvements. | 8 |
| (3) If the property is sold or ownership is otherwise | 9 |
| transferred, the base homestead value of the property shall | 10 |
| be adjusted as provided in subdivision (b)(3)(B). This item | 11 |
| (3) does not apply to sales or transfers between spouses or | 12 |
| between a parent and a child.
| 13 |
| (4) the recalculation required in Cook County under | 14 |
| subdivision (b)(3)(A-5).
| 15 |
| (e) The amount of the exemption under this Section is the | 16 |
| equalized assessed
value of the homestead property for the | 17 |
| current tax year, minus the adjusted homestead
value, with the | 18 |
| following exceptions: | 19 |
| (1) In Cook County, the exemption under this Section | 20 |
| shall not exceed $20,000 for any taxable year through tax | 21 |
| year: | 22 |
| (i) 2005, if the general assessment year for the
| 23 |
| property is 2003; | 24 |
| (ii) 2006, if the general assessment year for the
| 25 |
| property is 2004; or | 26 |
| (iii) 2007, if the general assessment year for the
|
|
|
|
09500SB0826ham001 |
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LRB095 05528 BDD 38068 a |
|
| 1 |
| property is 2005. | 2 |
| (1.1) Thereafter, in Cook County, and in all other | 3 |
| counties, the exemption is as follows: | 4 |
| (i)
(1) if the general assessment year for the | 5 |
| property is 2006, then the exemption may not exceed: | 6 |
| $30,000 for taxable year 2006; $24,000 for taxable year | 7 |
| 2007; and $18,000 for taxable year 2008; | 8 |
| (ii)
(2) if the general assessment year for the | 9 |
| property is 2007, then the exemption may not exceed: | 10 |
| $30,000 for taxable year 2007; $24,000 for taxable year | 11 |
| 2008; and $18,000 for taxable year 2009; and | 12 |
| (iii)
(3) if the general assessment year for the | 13 |
| property is 2008, then the exemption may not exceed: | 14 |
| $30,000 for taxable year 2008; $24,000 for taxable year | 15 |
| 2009; and $18,000 for taxable year 2010. | 16 |
| (1.5) In Cook County, for the 2006 taxable year only, the | 17 |
| maximum amount of the exemption set forth under subsection | 18 |
| (e)(1.1)(i) of this Section
item (1) may be increased: (i) by | 19 |
| $10,000 if the equalized assessed value of the property in that | 20 |
| taxable year exceeds the equalized assessed value of that | 21 |
| property in 2002 by 100% or more; or (ii) by $5,000 if the | 22 |
| equalized assessed value of the property in that taxable year | 23 |
| exceeds the equalized assessed value of that property in 2002 | 24 |
| by more than 80% but less than 100%.
| 25 |
| (2) In the case of homestead property that also | 26 |
| qualifies for
the exemption under Section 15-172, the |
|
|
|
09500SB0826ham001 |
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LRB095 05528 BDD 38068 a |
|
| 1 |
| property is entitled to the exemption under
this Section, | 2 |
| limited to the amount of (i) $4,500 in Cook County or | 3 |
| $3,500 in all other counties in tax year 2003 ,
or (ii) | 4 |
| $5,000 in all counties in tax years
year 2004 and 2005, or | 5 |
| (iii) the lesser of the amount of the general homestead | 6 |
| exemption under Section 15-175 or an amount equal to the | 7 |
| increase in the equalized assessed value for the current | 8 |
| tax year above the equalized assessed value for 1977 in tax | 9 |
| year 2006 and thereafter.
| 10 |
| (f) In the case of an apartment building owned and operated | 11 |
| as a cooperative, or
as a life care facility, that contains | 12 |
| residential units that qualify as homestead property
under this | 13 |
| Section, the maximum cumulative exemption amount attributed to | 14 |
| the entire
building or facility shall not exceed the sum of the | 15 |
| exemptions calculated for each
qualified residential unit. The | 16 |
| cooperative association, management firm, or other person
or | 17 |
| entity that manages or controls the cooperative apartment | 18 |
| building or life care facility
shall credit the exemption | 19 |
| attributable to each residential unit only to the apportioned | 20 |
| tax
liability of the owner or other person responsible for | 21 |
| payment of taxes as to that unit.
Any person who willfully | 22 |
| refuses to so credit the exemption is guilty of a Class B
| 23 |
| misdemeanor.
| 24 |
| (g) When married persons maintain separate residences, the | 25 |
| exemption provided
under this Section shall be claimed by only | 26 |
| one such person and for only one residence.
|
|
|
|
09500SB0826ham001 |
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LRB095 05528 BDD 38068 a |
|
| 1 |
| (h) In the event of a sale or other transfer in ownership | 2 |
| of the homestead property, the exemption under this
Section | 3 |
| shall remain in effect for the remainder of the tax year and be | 4 |
| calculated using the same base homestead value in which the | 5 |
| sale or transfer occurs, but (other than for sales or transfers | 6 |
| between spouses or between a parent and a child) shall be | 7 |
| calculated for any subsequent tax year using the new base | 8 |
| homestead value as provided in subdivision (b)(3)(B).
The | 9 |
| assessor may require the new owner of the property to apply for | 10 |
| the exemption in the
following year.
| 11 |
| (i) The assessor may determine whether property qualifies | 12 |
| as a homestead under
this Section by application, visual | 13 |
| inspection, questionnaire, or other
reasonable methods.
Each | 14 |
| year, at the time the assessment books are certified to the | 15 |
| county clerk
by the board
of review, the assessor shall furnish | 16 |
| to the county clerk a list of the
properties qualified
for the | 17 |
| homestead exemption under this Section. The list shall note the | 18 |
| base
homestead
value of each property to be used in the | 19 |
| calculation of the exemption for the
current tax
year.
| 20 |
| (j) In counties with 3,000,000 or more inhabitants, the | 21 |
| provisions of this Section apply as follows:
| 22 |
| (1) If the general assessment year for the property is | 23 |
| 2003, this Section
applies for assessment years 2003, 2004, | 24 |
| 2005, 2006, 2007, and 2008.
Thereafter, the provisions of | 25 |
| Section 15-175 apply.
| 26 |
| (2) If the general assessment year for the property is |
|
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| 2004, this Section
applies for assessment years 2004, 2005, | 2 |
| 2006, 2007, 2008, and 2009.
Thereafter, the provisions of | 3 |
| Section 15-175 apply.
| 4 |
| (3) If the general assessment year for the property is | 5 |
| 2005, this Section
applies for assessment years 2005, 2006, | 6 |
| 2007, 2008, 2009, and 2010.
Thereafter, the provisions of | 7 |
| Section 15-175 apply. | 8 |
| In counties with less than 3,000,000 inhabitants, this | 9 |
| Section applies for assessment years (i) 2006, 2007, and 2008, | 10 |
| and 2009 if tax year 2005 is the designated base year or (ii) | 11 |
| 2007, 2008, 2009, and 2010 if tax year 2006 is the designated | 12 |
| base year. Thereafter, the provisions of Section 15-175 apply.
| 13 |
| (k) To be subject to the provisions of this Section in lieu | 14 |
| of Section 15-175, a county must adopt an ordinance to subject | 15 |
| itself to the provisions of this Section within 6 months after | 16 |
| the effective date of this amendatory Act of the 95th General | 17 |
| Assembly. In a county other than Cook County, the ordinance | 18 |
| must designate either tax year 2005
or tax year 2006
as the | 19 |
| base year.
| 20 |
| (l) Notwithstanding Sections 6 and 8 of the State Mandates | 21 |
| Act, no
reimbursement
by the State is required for the | 22 |
| implementation of any mandate created by this
Section.
| 23 |
| (Source: P.A. 93-715, eff. 7-12-04; 095SB0013 with ham01 and | 24 |
| ham02.) | 25 |
| (35 ILCS 200/15-177) |
|
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| Sec. 15-177. The long-time occupant homestead exemption. | 2 |
| (a) If the county has elected, under Section 15-176, to be | 3 |
| subject to the provisions of the alternative general homestead | 4 |
| exemption, then, for taxable years 2007 and thereafter, | 5 |
| regardless of whether the exemption under Section 15-176 | 6 |
| applies , 2008, and 2009, the provisions of this Section apply, | 7 |
| and qualified homestead property is
entitled to
an annual | 8 |
| homestead exemption equal to a reduction in the property's | 9 |
| equalized
assessed
value calculated as provided in this | 10 |
| Section. | 11 |
| (b) As used in this Section: | 12 |
| "Adjusted homestead value" means the lesser of
the | 13 |
| following values: | 14 |
| (1) The property's base homestead value increased
by: | 15 |
| (i) 10% for each taxable year that the qualified taxpayer | 16 |
| has received the exemption under this Section after the | 17 |
| base year through and including the current tax year for | 18 |
| qualified taxpayers with a household income of more than | 19 |
| $75,000 but not exceeding $100,000; or (ii) 7% for each | 20 |
| taxable year that the qualified taxpayer has received the | 21 |
| exemption under this Section after the base year through | 22 |
| and including the current tax year for qualified taxpayers | 23 |
| with a household income of $75,000 or less. The increase | 24 |
| each year that the qualified taxpayer has received the | 25 |
| exemption under this Section is an increase over the prior | 26 |
| year; or |
|
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| (2) The property's equalized assessed value for
the | 2 |
| current tax year minus the general homestead deduction. | 3 |
| "Base homestead value" means an amount equal to : | 4 |
| (1) if the property did not have an adjusted homestead | 5 |
| value under Section 15-176 for the base year, then an | 6 |
| amount equal to the equalized assessed value of the | 7 |
| property for the base year prior to exemptions, minus the | 8 |
| general homestead deduction
exemption , provided that the | 9 |
| property's assessment was not based on a reduced assessed | 10 |
| value resulting from a temporary irregularity in the | 11 |
| property for that year; or
increased by | 12 |
| (2) if the property had an adjusted homestead value | 13 |
| under Section 15-176 for the base year, then an amount | 14 |
| equal to the adjusted homestead value of the property under | 15 |
| Section 15-176 for the base year. 7% for each taxable year | 16 |
| after the base year and continuing until the taxable year | 17 |
| in which the taxpayer first qualifies for the exemption | 18 |
| under this Section. The increase by 7% each year is an | 19 |
| increase by 7% over the prior year. | 20 |
| "Base year" means the taxable year prior to the taxable | 21 |
| year in which the taxpayer first qualifies for the exemption | 22 |
| under this Section.
the 2002 taxable year for Cook County and, | 23 |
| for all other counties, the the base year elected by the county | 24 |
| under Section 15-176. | 25 |
| "Current taxable year" means the taxable year for which
the | 26 |
| exemption under this Section is being applied. |
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| "Equalized assessed value" means the property's
assessed | 2 |
| value as equalized by the Department. | 3 |
| "Homestead" or "homestead property" means residential | 4 |
| property that as of January 1 of
the tax year is occupied by a | 5 |
| qualified taxpayer as his or her principal dwelling place, or | 6 |
| that is a leasehold interest on which a single family residence | 7 |
| is situated, that is occupied as a residence by a qualified | 8 |
| taxpayer who has a legal or equitable interest therein | 9 |
| evidenced by a written instrument, as an owner or as a lessee, | 10 |
| and on which the person is liable for the payment of property | 11 |
| taxes. Residential units in an apartment building owned and | 12 |
| operated as a cooperative, or as a life care facility, which | 13 |
| are occupied by persons who hold a legal or equitable interest | 14 |
| in the cooperative apartment building or life care facility as | 15 |
| owners or lessees, and who are liable by contract for the | 16 |
| payment of property taxes, are included within this definition | 17 |
| of homestead property. A homestead includes the dwelling place,
| 18 |
| appurtenant structures, and so much of the surrounding land | 19 |
| constituting the parcel on which the dwelling place is situated | 20 |
| as is used for residential purposes. If the assessor has | 21 |
| established a specific legal description for a portion of | 22 |
| property constituting the homestead, then the homestead is | 23 |
| limited to the property within that description. | 24 |
| "Household income" has the meaning set forth under Section | 25 |
| 15-172 of this Code.
| 26 |
| "General homestead deduction" means the amount of the |
|
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| general homestead exemption under Section 15-175.
lesser of (i) | 2 |
| $5,000 or (ii) the amount equal to the equalized assessed value | 3 |
| for the current taxable year less the equalized assessed value | 4 |
| for the 1977 taxable year.
| 5 |
| "Life care facility" means a facility defined
in Section 2 | 6 |
| of the Life Care Facilities Act. | 7 |
| "Qualified homestead property" means homestead property | 8 |
| owned by a qualified taxpayer.
| 9 |
| "Qualified taxpayer" means any individual: | 10 |
| (1) who, for at least 10 continuous years as of January | 11 |
| 1 of the taxable year , has occupied the same homestead | 12 |
| property as a principal residence and domicile or who, for | 13 |
| at least 5 continuous years as of January 1 of the taxable | 14 |
| year , has occupied the same homestead property as a | 15 |
| principal residence and domicile if that person received | 16 |
| assistance in the acquisition of the property as part of a | 17 |
| government or nonprofit housing program; and | 18 |
| (2) who has a household income of $100,000 or less.
| 19 |
| (c) The base homestead value must remain constant, except | 20 |
| that the assessor may revise it under any of the following | 21 |
| circumstances: | 22 |
| (1) If the equalized assessed value of a homestead
| 23 |
| property for the current tax year is less than the previous | 24 |
| base homestead value for that property, then the current | 25 |
| equalized assessed value (provided it is not based on a | 26 |
| reduced assessed value resulting from a temporary |
|
|
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| irregularity in the property) becomes the base homestead | 2 |
| value in subsequent tax years. | 3 |
| (2) For any year in which new buildings, structures,
or | 4 |
| other improvements are constructed on the homestead | 5 |
| property that would increase its assessed value, the | 6 |
| assessor shall adjust the base homestead value with due | 7 |
| regard to the value added by the new improvements. | 8 |
| (d) The amount of the exemption under this Section is the | 9 |
| greater of: (i) the equalized assessed value of the homestead | 10 |
| property for the current tax year minus the adjusted homestead | 11 |
| value ; or (ii) the general homestead deduction . | 12 |
| (e) In the case of an apartment building owned and operated | 13 |
| as a cooperative, or as a life care facility, that contains | 14 |
| residential units that qualify as homestead property of a | 15 |
| qualified taxpayer under this Section, the maximum cumulative | 16 |
| exemption amount attributed to the entire building or facility | 17 |
| shall not exceed the sum of the exemptions calculated for each | 18 |
| unit that is a qualified homestead property. The cooperative | 19 |
| association, management firm, or other person or entity that | 20 |
| manages or controls the cooperative apartment building or life | 21 |
| care facility shall credit the exemption attributable to each | 22 |
| residential unit only to the apportioned tax liability of the | 23 |
| qualified taxpayer as to that unit. Any person who willfully | 24 |
| refuses to so credit the exemption is guilty of a Class B | 25 |
| misdemeanor. | 26 |
| (f) When married persons maintain separate residences, the |
|
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| exemption provided under this Section may be claimed by only | 2 |
| one such person and for only one residence. No person who | 3 |
| receives an exemption under Section 15-172 of this Code may | 4 |
| receive an exemption under this Section. No person who receives | 5 |
| an exemption under this Section may receive an exemption under | 6 |
| Section 15-175 or 15-176 of this Code. | 7 |
| (g) In the event of a sale or other transfer in ownership | 8 |
| of the homestead property between spouses or between a parent | 9 |
| and a child, the exemption under this Section remains in effect | 10 |
| if the new owner has a household income of $100,000 or less. | 11 |
| (h) In the event of a sale or other transfer in ownership | 12 |
| of the homestead property other than under subsection (g) of | 13 |
| this Section , the exemption under this Section shall remain in | 14 |
| effect for the remainder of the tax year and be calculated | 15 |
| using the same base homestead value in which the sale or | 16 |
| transfer occurs.
| 17 |
| (i) To receive the exemption, a person must
may submit an | 18 |
| application to the county assessor during the period specified | 19 |
| by the county assessor. | 20 |
| The county assessor shall annually give notice of the | 21 |
| application period by mail or by publication. | 22 |
| The taxpayer must submit, with the application, an | 23 |
| affidavit of the taxpayer's total household income, marital | 24 |
| status (and if married the name and address of the applicant's | 25 |
| spouse, if known), and principal dwelling place of members of | 26 |
| the household on January 1 of the taxable year. The Department |
|
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| 1 |
| shall establish, by rule, a method for verifying the accuracy | 2 |
| of affidavits filed by applicants under this Section, and the | 3 |
| Chief County Assessment Officer may conduct audits of any | 4 |
| taxpayer claiming an exemption under this Section to verify | 5 |
| that the taxpayer is eligible to receive the exemption. Each | 6 |
| application shall contain or be verified by a written | 7 |
| declaration that it is made under the penalties of perjury. A | 8 |
| taxpayer's signing a fraudulent application under this Act is | 9 |
| perjury, as defined in Section 32-2 of the Criminal Code of | 10 |
| 1961. The applications shall be clearly marked as applications | 11 |
| for the Long-time Occupant Homestead Exemption and must contain | 12 |
| a notice that any taxpayer who receives the exemption is | 13 |
| subject to an audit by the Chief County Assessment Officer. | 14 |
| (j) Notwithstanding Sections 6 and 8 of the State Mandates | 15 |
| Act, no reimbursement by the State is required for the | 16 |
| implementation of any mandate created by this Section.
| 17 |
| (Source: 095SB0013 with ham01 and ham02.) | 18 |
| (35 ILCS 200/24-35)
| 19 |
| Sec. 24-35. Property Tax Reform and Relief Task Force.
| 20 |
| (a) There is created the Property Tax Reform and Relief | 21 |
| Task Force consisting of 9
8 members appointed as follows: 3
2 | 22 |
| members appointed by the President of the Senate, one of whom | 23 |
| shall be designated as the chair of the Task Force upon | 24 |
| appointment; 2 members appointed by the Minority Leader of the | 25 |
| Senate; 2 members appointed by the Speaker of the House of |
|
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| Representatives; and 2 members appointed by the Minority Leader | 2 |
| of the House of Representatives.
| 3 |
| (b) The Task Force shall conduct a
study of the property | 4 |
| tax system in Illinois and investigate
methods of reducing the | 5 |
| reliance on property taxes and
alternative methods of funding. | 6 |
| (c) The members of the Task Force shall serve
without | 7 |
| compensation but shall be reimbursed for their
reasonable and | 8 |
| necessary expenses from funds appropriated for that purpose.
| 9 |
| (d) The Task Force shall submit its findings to
the General | 10 |
| Assembly
House of Representatives no later than January 1, | 11 |
| 2010, at
which time the Task Force is dissolved.
| 12 |
| (e) The Department of Revenue shall provide administrative | 13 |
| support to the Task Force.
| 14 |
| (Source: 095SB0013 with ham01 and ham02.)
| 15 |
| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.".
|
|