Full Text of SB0505 99th General Assembly
SB0505sam001 99TH GENERAL ASSEMBLY | Sen. Toi W. Hutchinson Filed: 4/16/2015
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| 1 | | AMENDMENT TO SENATE BILL 505
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 505 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Sections 15-165, 15-167, 15-168, 15-169, 15-170, 15-172, | 6 | | 15-173, 15-175, and 15-180 and by adding Sections 15-162 and | 7 | | 15-163 as follows: | 8 | | (35 ILCS 200/15-162 new) | 9 | | Sec. 15-162. Homestead exemptions; definitions. | 10 | | For the purposes of Article 15, the following terms have | 11 | | the following meanings, except as otherwise provided: | 12 | | (a) "Homestead property" means: | 13 | | (1) property that is occupied as a principal dwelling | 14 | | place by its owner who is liable for the payment of | 15 | | property taxes; | 16 | | (2) a leasehold interest in property on which a |
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| 1 | | detached single-family residence is situated, which is | 2 | | occupied as a principal dwelling place by a person who has | 3 | | an ownership interest therein, legal or equitable or as a | 4 | | lessee, and on which the person is liable for the payment | 5 | | of property taxes; | 6 | | (3) a unit in an apartment building owned and operated | 7 | | as a cooperative, that is occupied as a principal dwelling | 8 | | place by a person who is liable, by contract with the owner | 9 | | or owners of record, for paying property taxes on the | 10 | | property and is an owner of record of a legal or equitable | 11 | | interest in the cooperative apartment building, other than | 12 | | a leasehold interest; or | 13 | | (4) a unit within a building which is a life care | 14 | | facility operated as a cooperative, occupied by a person | 15 | | who is liable, by contract with the owner or owners of | 16 | | record, for paying property taxes on the property and is an | 17 | | owner of record of a legal or equitable interest in the | 18 | | cooperative apartment building, other than a leasehold | 19 | | interest. | 20 | | (b) "Homestead owner" means any of the following: | 21 | | (1) A person who owns and occupies residential property | 22 | | as a principal dwelling place and who is liable for the | 23 | | payment of property taxes as of January 1 of a taxable | 24 | | year. | 25 | | (2) A person who possesses a leasehold interest in | 26 | | property on which a detached single-family residence is |
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| 1 | | situated, occupies that detached single-family residence | 2 | | as a principal dwelling place, has an ownership interest | 3 | | therein, legal or equitable or as a lessee, and is liable | 4 | | for the payment of property taxes on that property. | 5 | | (3) A person who is liable, by contract with the owner | 6 | | or owners of record, for paying property taxes on a unit in | 7 | | an apartment building owned and operated as a cooperative, | 8 | | occupies the unit as a principal dwelling place, and is an | 9 | | owner of record of a legal or equitable interest in the | 10 | | cooperative apartment building, other than a leasehold | 11 | | interest. | 12 | | (4) A person who is liable, by contract with the owner | 13 | | or owners of record, for paying property taxes on a unit | 14 | | within a building which is a life care facility, occupies | 15 | | the unit as a principal dwelling place, and is an owner of | 16 | | record of a legal or equitable interest in the cooperative | 17 | | apartment building, other than a leasehold interest. | 18 | | (c) "Life care facility" means a facility, as defined under | 19 | | Section 2 of the Life Care Facilities Act, with which the | 20 | | homestead owner has a life care contract as defined in that | 21 | | Act. | 22 | | (d) "State-licensed care facility" means a facility | 23 | | licensed under the Assisted Living and Shared Housing Act, the | 24 | | Nursing Home Care Act, the Specialized Mental Health | 25 | | Rehabilitation Act of 2013, or the ID/DD Community Care Act. | 26 | | (e) "Veterans care facility" means a facility operated by |
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| 1 | | the United States Department of Veterans Affairs. | 2 | | (35 ILCS 200/15-163 new) | 3 | | Sec. 15-163. Homestead exemptions; general provisions. | 4 | | (a) Unless otherwise provided, an initial application for | 5 | | any homestead exemption must be made to the Chief County | 6 | | Assessment Officer during the application period in effect for | 7 | | the county in which the property is located. The Chief County | 8 | | Assessment Officer may determine the eligibility of | 9 | | residential property to receive the homestead exemption by | 10 | | application, visual inspection, questionnaire, or other | 11 | | reasonable methods. The determination must be made in | 12 | | accordance with guidelines established by the Department. | 13 | | (b) Unless otherwise provided, a county board may, by | 14 | | resolution, provide that if a person has been granted a | 15 | | homestead exemption, the person qualifying need not reapply for | 16 | | the exemption. | 17 | | (c) In counties with fewer than 3,000,000 inhabitants, if | 18 | | the Chief County Assessment Officer requires an annual | 19 | | application for verification of eligibility for a homestead | 20 | | exemption, the application shall be mailed to the taxpayer. | 21 | | (d) If a homestead exemption is granted to a property that | 22 | | is operated as a cooperative or as a life care facility | 23 | | operated as a cooperative, the cooperative association or | 24 | | management firm shall credit the savings resulting from the | 25 | | exemption to the apportioned tax liability of the homestead |
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| 1 | | owner. The Chief County Assessment Officer may request | 2 | | reasonable proof that the association or firm has properly | 3 | | credited the exemption. A person who willfully refuses to | 4 | | credit an exemption to the qualified person is guilty of a | 5 | | Class B misdemeanor. | 6 | | (e) In counties with fewer than 3,000,000 inhabitants, the | 7 | | Chief County Assessment Officer shall provide to each person | 8 | | granted a homestead exemption under Sections 15-168, 15-169, | 9 | | 15-170, and 15-172 a form to designate any other person to | 10 | | receive a duplicate of any notice of delinquency in the payment | 11 | | of taxes assessed and levied under this Code on the person's | 12 | | qualifying property. The duplicate notice shall be in addition | 13 | | to the notice required to be provided to the person receiving | 14 | | the exemption and shall be given in the manner required by this | 15 | | Code. The person filing the request for the duplicate notice | 16 | | shall pay an administrative fee of $5 to the Chief County | 17 | | Assessment Officer. The Chief County Assessment Officer shall | 18 | | then file the executed designation with the county collector, | 19 | | who shall issue the duplicate notices as indicated by the | 20 | | designation. A designation may be rescinded by the person in | 21 | | the manner required by the Chief County Assessment Officer. | 22 | | (f) The Chief County Assessment Officer may, when | 23 | | considering whether to grant an exemption based on a homestead | 24 | | owner's eligibility pursuant to paragraph (2) of subsection (b) | 25 | | of Section 15-162, require the following conditions to be met: | 26 | | (1) that a notarized application for the exemption, |
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| 1 | | signed by both the owner and the lessee of the property, | 2 | | must be submitted each year during the application period | 3 | | in effect for the county in which the property is located; | 4 | | (2) that a copy of the lease must be filed with the | 5 | | Chief County Assessment Officer by the owner of the | 6 | | property at the time the notarized application is | 7 | | submitted; | 8 | | (3) that the lease must expressly state that the lessee | 9 | | is liable for the payment of property taxes; and | 10 | | (4) that the lease must include the following language | 11 | | in substantially the following form: "Lessee shall be | 12 | | liable for the payment of real estate taxes with respect to | 13 | | the residence in accordance with the terms and conditions | 14 | | of Section 15-162(b)(2) of the Property Tax Code (35 ILCS | 15 | | 200/15-162(b)(2)). The permanent real estate index number | 16 | | for the premises is (insert number), and, according to the | 17 | | most recent property tax bill, the current amount of real | 18 | | estate taxes associated with the premises is (insert | 19 | | amount) per year. The parties agree that the monthly rent | 20 | | set forth above shall be increased or decreased pro rata | 21 | | (effective January 1 of each calendar year) to reflect any | 22 | | increase or decrease in real estate taxes. Lessee shall be | 23 | | deemed to be satisfying Lessee's liability for the above | 24 | | mentioned real estate taxes with the monthly rent payments | 25 | | as set forth above (or increased or decreased as set forth | 26 | | herein).". |
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| 1 | | In addition, if there is a change in lessee, or if the | 2 | | lessee vacates the property, then the Chief County Assessment | 3 | | Officer may require the owner of the property to notify the | 4 | | Chief County Assessment Officer of that change. | 5 | | This subsection (f) does not apply to leasehold interests | 6 | | in property owned by a municipality. | 7 | | (g) When a homestead exemption has been granted under this | 8 | | Article 15 and the person qualifying subsequently becomes a | 9 | | resident of a State-licensed care facility or veterans care | 10 | | facility, the exemption shall continue so long as the residence | 11 | | continues to be occupied by the qualifying person's spouse, or | 12 | | if the residence remains unoccupied but is still owned by the | 13 | | person qualified for the homestead exemption. | 14 | | (h) Any taxpayer whose application for a homestead | 15 | | exemption is denied by the Chief County Assessment Officer may | 16 | | appeal that denial to the county board of review. The decision | 17 | | of the board of review shall be final. | 18 | | (i) Notwithstanding any other provision, if a property is | 19 | | transferred or otherwise ceases to be homestead property after | 20 | | the first date of eligibility within a taxable year, the | 21 | | exemption shall remain with the property until the end of that | 22 | | taxable year.
| 23 | | (35 ILCS 200/15-165)
| 24 | | Sec. 15-165. Disabled veterans adapted housing homestead | 25 | | exemption . |
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| 1 | | (a) Definitions. As used in this Section, in addition to | 2 | | the definitions found in Section 15-162: | 3 | | "Charitable organization" means any benevolent, | 4 | | philanthropic, patriotic,
or eleemosynary entity that solicits | 5 | | and
collects funds for charitable purposes and includes each | 6 | | local, county, or
area division of that charitable | 7 | | organization. | 8 | | "Disabled veteran" means a person who has served in the | 9 | | Armed Forces of the United States and whose disability is of | 10 | | such a nature that the Federal Government has authorized | 11 | | payment for purchase or construction of Specially Adapted | 12 | | Housing as set forth in the United States Code, Title 38, | 13 | | Chapter 21, Section 2101. | 14 | | "Eligible homestead property" means homestead property | 15 | | that is occupied by a homestead owner who is Property up to an | 16 | | assessed value of $100,000,
owned and used exclusively by a | 17 | | disabled veteran, or the spouse or unmarried
surviving spouse | 18 | | of the disabled veteran , as a home, is exempt. As used in this
| 19 | | Section, a disabled veteran means a person who has served in | 20 | | the Armed Forces
of the United States and whose disability is | 21 | | of such a nature that the Federal
Government has authorized | 22 | | payment for purchase or construction of Specially
Adapted | 23 | | Housing as set forth in the United States Code, Title 38, | 24 | | Chapter 21,
Section 2101 .
| 25 | | "Unmarried surviving spouse" means the surviving spouse of | 26 | | the veteran at any time after the death of the veteran during |
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| 1 | | which such surviving spouse is not married. | 2 | | (b) Eligibility. The exemption under this Section applies | 3 | | to eligible homestead property up to an assessed value of | 4 | | $100,000. | 5 | | The exemption applies to housing where Federal funds have | 6 | | been used to
purchase or construct special adaptations to suit | 7 | | the veteran's disability.
| 8 | | The exemption also applies to housing that is specially | 9 | | adapted to suit the
veteran's disability, and purchased | 10 | | entirely or in part by the proceeds of a
sale, casualty loss | 11 | | reimbursement, or other transfer of a home for which the
| 12 | | Federal Government had previously authorized payment for | 13 | | purchase or
construction as Specially Adapted Housing.
| 14 | | However, the entire proceeds of the sale, casualty loss | 15 | | reimbursement, or
other transfer of that housing shall be | 16 | | applied to the acquisition of
subsequent specially adapted | 17 | | housing to the extent that the proceeds equal the
purchase | 18 | | price of the subsequently acquired housing.
| 19 | | Beginning with the 2015 tax year, the exemption also | 20 | | applies to housing that is specifically constructed or adapted | 21 | | to suit a qualifying veteran's disability if the housing or | 22 | | adaptations are donated by a charitable organization, the | 23 | | veteran has been approved to receive funds for the purchase or | 24 | | construction of Specially Adapted Housing under Title 38, | 25 | | Chapter 21, Section 2101 of the United States Code, and the | 26 | | home has been inspected and certified by a licensed home |
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| 1 | | inspector to be in compliance with applicable standards set | 2 | | forth in U.S. Department of Veterans Affairs, Veterans Benefits | 3 | | Administration Pamphlet 26-13 Handbook for Design of Specially | 4 | | Adapted Housing. | 5 | | (c) Amount. Eligible homestead property up to an assessed | 6 | | value of $100,000 is exempt. | 7 | | For purposes of this Section, "charitable organization" | 8 | | means any benevolent, philanthropic, patriotic,
or | 9 | | eleemosynary entity that solicits and
collects funds for | 10 | | charitable purposes and includes each local, county, or
area | 11 | | division of that charitable organization. | 12 | | For purposes of this Section, "unmarried surviving spouse" | 13 | | means the
surviving spouse of the veteran at any time after the | 14 | | death of the veteran
during which such surviving spouse is not | 15 | | married.
| 16 | | (d) Additional provisions. This exemption must be | 17 | | reestablished on an annual basis by
certification from the | 18 | | Illinois Department of Veterans' Affairs to the
Department, | 19 | | which shall forward a copy of the certification to local
| 20 | | assessing officials.
| 21 | | (e) A taxpayer who claims an exemption under Section 15-168 | 22 | | or 15-169 may not claim an exemption under this Section.
| 23 | | (Source: P.A. 98-1145, eff. 12-30-14.)
| 24 | | (35 ILCS 200/15-167) | 25 | | Sec. 15-167. Returning Veterans' Homestead Exemption. |
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| 1 | | (a) Definitions. As used in this Section, in addition to | 2 | | the definitions found in Section 15-162, Beginning with taxable | 3 | | year 2007, a homestead exemption, limited to a reduction set | 4 | | forth under subsection (b), from the property's value, as | 5 | | equalized or assessed by the Department, is granted for | 6 | | property that is owned and occupied as the principal residence | 7 | | of a veteran returning from an armed conflict involving the | 8 | | armed forces of the United States who is liable for paying real | 9 | | estate taxes on the property and is an owner of record of the | 10 | | property or has a legal or equitable interest therein as | 11 | | evidenced by a written instrument, except for a leasehold | 12 | | interest, other than a leasehold interest of land on which a | 13 | | single family residence is located, which is occupied as the | 14 | | principal residence of a veteran returning from an armed | 15 | | conflict involving the armed forces of the United States who | 16 | | has an ownership interest therein, legal, equitable or as a | 17 | | lessee, and on which he or she is liable for the payment of | 18 | | property taxes. For purposes of the exemption under this | 19 | | Section, "veteran" means an Illinois resident who has served as | 20 | | a member of the United States Armed Forces, a member of the | 21 | | Illinois National Guard, or a member of the United States | 22 | | Reserve Forces. | 23 | | (b) Eligibility. A homestead exemption is granted for | 24 | | homestead property that is occupied by a homestead owner who is | 25 | | a veteran returning from an armed conflict involving the armed | 26 | | forces of the United States. |
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| 1 | | (b-5) Amount. In all counties, the reduction is $5,000 for | 2 | | the taxable year in which the veteran returns from active duty | 3 | | in an armed conflict involving the armed forces of the United | 4 | | States; however, if the veteran first acquires his or her | 5 | | principal residence during the taxable year in which he or she | 6 | | returns, but after January 1 of that year, and if the property | 7 | | is owned and occupied by the veteran as a principal residence | 8 | | on January 1 of the next taxable year, he or she may apply the | 9 | | exemption for the next taxable year, and only the next taxable | 10 | | year, after he or she returns. Beginning in taxable year 2010, | 11 | | the reduction shall also be allowed for the taxable year after | 12 | | the taxable year in which the veteran returns from active duty | 13 | | in an armed conflict involving the armed forces of the United | 14 | | States. For land improved with an apartment building owned and | 15 | | operated as a cooperative, the maximum reduction from the value | 16 | | of the property, as equalized by the Department, must be | 17 | | multiplied by the number of apartments or units occupied by a | 18 | | veteran returning from an armed conflict involving the armed | 19 | | forces of the United States who is liable, by contract with the | 20 | | owner or owners of record, for paying property taxes on the | 21 | | property and is an owner of record of a legal or equitable | 22 | | interest in the cooperative apartment building, other than a | 23 | | leasehold interest. In a cooperative where a homestead | 24 | | exemption has been granted, the cooperative association or the | 25 | | management firm of the cooperative or facility shall credit the | 26 | | savings resulting from that exemption only to the apportioned |
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| 1 | | tax liability of the owner or resident who qualified for the | 2 | | exemption. Any person who willfully refuses to so credit the | 3 | | savings is guilty of a Class B misdemeanor. | 4 | | (c) (Blank). Application must be made during the | 5 | | application period in effect for the county of his or her | 6 | | residence. The assessor or chief county assessment officer may | 7 | | determine the eligibility of residential property to receive | 8 | | the homestead exemption provided by this Section by | 9 | | application, visual inspection, questionnaire, or other | 10 | | reasonable methods. The determination must be made in | 11 | | accordance with guidelines established by the Department. | 12 | | (d) Additional provisions. The exemption under this | 13 | | Section is in addition to any other homestead exemption | 14 | | provided in this Article 15. Notwithstanding Sections 6 and 8 | 15 | | of the State Mandates Act, no reimbursement by the State is | 16 | | required for the implementation of any mandate created by this | 17 | | Section.
| 18 | | (Source: P.A. 96-1288, eff. 7-26-10; 96-1418, eff. 8-2-10; | 19 | | 97-333, eff. 8-12-11.) | 20 | | (35 ILCS 200/15-168) | 21 | | Sec. 15-168. Disabled persons' homestead exemption. | 22 | | (a) Definitions. As used in this Section, in addition to | 23 | | the definitions found in Section 15-162, "disabled person" | 24 | | means a person unable to engage in any substantial gainful | 25 | | activity by reason of a medically determinable physical or |
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| 1 | | mental impairment which can be expected to result in death or | 2 | | has lasted or can be expected to last for a continuous period | 3 | | of not less than 12 months. Disabled persons filing claims | 4 | | under this Section shall submit proof of disability in such | 5 | | form and manner as the Department shall by rule and regulation | 6 | | prescribe. Any one or more of the following shall constitute | 7 | | proof of disability for purposes of this Act: | 8 | | (1) proof that a claimant is eligible to receive | 9 | | disability benefits under the federal Social Security Act; | 10 | | (2) issuance of an Illinois Person with a Disability | 11 | | Identification Card stating that the claimant is under a | 12 | | Class 2 or 2A disability, as defined in Section 4A of the | 13 | | Illinois Identification Card Act; or | 14 | | (3) a disabled person not covered under the federal | 15 | | Social Security Act and not presenting an Illinois Person | 16 | | with a Disability Identification Card stating that the | 17 | | claimant is under a Class 2 or 2A disability shall be | 18 | | examined by a physician licensed to practice in the State | 19 | | of Illinois, and his status as a disabled person shall be | 20 | | determined using the same standards as used by the Social | 21 | | Security Administration. The costs of any required | 22 | | examination shall be borne by the claimant. | 23 | | (b) Eligibility. An Beginning with taxable year 2007, an
| 24 | | annual homestead exemption is granted to homestead property | 25 | | occupied by homestead owners who are also disabled persons in
| 26 | | the amount of $2,000, except as provided in subsection (c), to
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| 1 | | be deducted from the property's value as equalized or assessed
| 2 | | by the Department of Revenue. The disabled person shall receive
| 3 | | the homestead exemption upon meeting the following
| 4 | | requirements: | 5 | | (1) The property must be occupied as the primary | 6 | | residence by the disabled person. | 7 | | (2) The disabled person must be liable for paying the
| 8 | | real estate taxes on the property. | 9 | | (3) The disabled person must be an owner of record of
| 10 | | the property or have a legal or equitable interest in the
| 11 | | property as evidenced by a written instrument. In the case
| 12 | | of a leasehold interest in property, the lease must be for
| 13 | | a single family residence . | 14 | | A person who is disabled during the taxable year
is | 15 | | eligible to receive apply for this homestead exemption during | 16 | | that
taxable year. Application must be made during the
| 17 | | application period in effect for the county of residence. If a
| 18 | | homestead exemption has been granted under this Section and the
| 19 | | person awarded the exemption subsequently becomes a resident of
| 20 | | a facility licensed under the Nursing Home Care Act, the | 21 | | Specialized Mental Health Rehabilitation Act of 2013, or the | 22 | | ID/DD Community Care Act, then the
exemption shall continue (i) | 23 | | so long as the residence continues
to be occupied by the | 24 | | qualifying person's spouse or (ii) if the
residence remains | 25 | | unoccupied but is still owned by the person
qualified for the | 26 | | homestead exemption. |
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| 1 | | (b) For the purposes of this Section, "disabled person"
| 2 | | means a person unable to engage in any substantial gainful | 3 | | activity by reason of a medically determinable physical or | 4 | | mental impairment which can be expected to result in death or | 5 | | has lasted or can be expected to last for a continuous period | 6 | | of not less than 12 months. Disabled persons filing claims | 7 | | under this Act shall submit proof of disability in such form | 8 | | and manner as the Department shall by rule and regulation | 9 | | prescribe. Proof that a claimant is eligible to receive | 10 | | disability benefits under the Federal Social Security Act shall | 11 | | constitute proof of disability for purposes of this Act. | 12 | | Issuance of an Illinois Person with a Disability Identification | 13 | | Card stating that the claimant is under a Class 2 disability, | 14 | | as defined in Section 4A of the Illinois Identification Card | 15 | | Act, shall constitute proof that the person named thereon is a | 16 | | disabled person for purposes of this Act. A disabled person not | 17 | | covered under the Federal Social Security Act and not | 18 | | presenting an Illinois Person with a Disability Identification | 19 | | Card stating that the claimant is under a Class 2 disability | 20 | | shall be examined by a physician designated by the Department, | 21 | | and his status as a disabled person determined using the same | 22 | | standards as used by the Social Security Administration. The | 23 | | costs of any required examination shall be borne by the | 24 | | claimant. | 25 | | (c) Amount. The annual exemption amount is $2,000, to be | 26 | | deducted from the property's value as equalized or assessed by |
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| 1 | | the Department; except that, for For land improved with (i) an | 2 | | apartment building owned
and operated as a cooperative or (ii) | 3 | | a life care facility as
defined under Section 2 of the Life | 4 | | Care Facilities Act that is
considered to be a cooperative, the | 5 | | maximum reduction from the
value of the property, as equalized | 6 | | or assessed by the
Department, shall be multiplied by the | 7 | | number of apartments or
units occupied by a disabled person. | 8 | | The disabled person shall
receive the homestead exemption upon | 9 | | meeting the following
requirements: | 10 | | (1) The property must be occupied as the primary | 11 | | residence by the
disabled person. | 12 | | (2) The disabled person must be liable by contract with
| 13 | | the owner or owners of record for paying the apportioned
| 14 | | property taxes on the property of the cooperative or life
| 15 | | care facility. In the case of a life care facility, the
| 16 | | disabled person must be liable for paying the apportioned
| 17 | | property taxes under a life care contract as defined in | 18 | | Section 2 of the Life Care Facilities Act. | 19 | | (3) The disabled person must be an owner of record of a
| 20 | | legal or equitable interest in the cooperative apartment
| 21 | | building. A leasehold interest does not meet this
| 22 | | requirement. | 23 | | If a homestead exemption is granted under this subsection, the
| 24 | | cooperative association or management firm shall credit the
| 25 | | savings resulting from the exemption to the apportioned tax
| 26 | | liability of the qualifying disabled person. The chief county
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| 1 | | assessment officer may request reasonable proof that the
| 2 | | association or firm has properly credited the exemption. A
| 3 | | person who willfully refuses to credit an exemption to the
| 4 | | qualified disabled person is guilty of a Class B misdemeanor. | 5 | | (d) (Blank). The chief county assessment officer shall | 6 | | determine the
eligibility of property to receive the homestead | 7 | | exemption
according to guidelines established by the | 8 | | Department. After a
person has received an exemption under this | 9 | | Section, an annual
verification of eligibility for the | 10 | | exemption shall be mailed
to the taxpayer. | 11 | | In counties with fewer than 3,000,000 inhabitants, the | 12 | | chief county assessment officer shall provide to each
person | 13 | | granted a homestead exemption under this Section a form
to | 14 | | designate any other person to receive a duplicate of any
notice | 15 | | of delinquency in the payment of taxes assessed and
levied | 16 | | under this Code on the person's qualifying property. The
| 17 | | duplicate notice shall be in addition to the notice required to
| 18 | | be provided to the person receiving the exemption and shall be | 19 | | given in the manner required by this Code. The person filing
| 20 | | the request for the duplicate notice shall pay an
| 21 | | administrative fee of $5 to the chief county assessment
| 22 | | officer. The assessment officer shall then file the executed
| 23 | | designation with the county collector, who shall issue the
| 24 | | duplicate notices as indicated by the designation. A
| 25 | | designation may be rescinded by the disabled person in the
| 26 | | manner required by the chief county assessment officer. |
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| 1 | | (e) Additional provisions. A taxpayer who claims an | 2 | | exemption under Section 15-165 or 15-169 may not claim an | 3 | | exemption under this Section.
| 4 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | 5 | | eff. 7-13-12; 97-1064, eff. 1-1-13; 98-104, eff. 7-22-13.) | 6 | | (35 ILCS 200/15-169) | 7 | | Sec. 15-169. Disabled veterans standard homestead | 8 | | exemption. | 9 | | (a) Definitions. As used in this Section, in addition to | 10 | | the definitions found in Section 15-162: | 11 | | "Qualified residence" means homestead property, but less | 12 | | any portion of that property that is used for commercial | 13 | | purposes, with an equalized assessed value of less than | 14 | | $250,000. Property rented for more than 6 months is presumed to | 15 | | be used for commercial purposes. | 16 | | "Veteran" means an Illinois resident who has served as a | 17 | | member of the United States Armed Forces on active duty or | 18 | | State active duty, a member of the Illinois National Guard, or | 19 | | a member of the United States Reserve Forces and who has | 20 | | received an honorable discharge. | 21 | | (a-5) Eligibility. An Beginning with taxable year 2007, an | 22 | | annual homestead exemption, limited to the amounts set forth in | 23 | | subsection (b), is granted for homestead property that is used | 24 | | as a qualified residence by a homestead owner who is a disabled | 25 | | veteran. |
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| 1 | | (b) Amount. The amount of the exemption under this Section | 2 | | 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-5) (Blank). If a homestead exemption is granted under | 17 | | this Section and the person awarded the exemption subsequently | 18 | | becomes a resident of a facility licensed under the Nursing | 19 | | Home Care Act or a facility operated by the United States | 20 | | Department of Veterans Affairs, then the exemption shall | 21 | | continue (i) so long as the residence continues to be occupied | 22 | | by the qualifying person's spouse or (ii) if the residence | 23 | | remains unoccupied but is still owned by the person who | 24 | | qualified for the homestead exemption. | 25 | | (c) Additional provisions. | 26 | | (1) The tax exemption under this Section carries over |
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| 1 | | to the benefit of the veteran's
surviving spouse as long as | 2 | | the spouse holds the legal or
beneficial title to the | 3 | | homestead, permanently resides
thereon, and does not | 4 | | remarry. If the surviving spouse sells
the property, an | 5 | | exemption not to exceed the amount granted
from the most | 6 | | recent ad valorem tax roll may be transferred to
his or her | 7 | | new residence as long as it is used as his or her
primary | 8 | | residence and he or she does not remarry. | 9 | | (c-1) Beginning with taxable year 2015, nothing in this | 10 | | Section shall require the veteran to have qualified for or | 11 | | obtained the exemption before death if the veteran was killed | 12 | | in the line of duty. | 13 | | (2) (d) The exemption under this Section applies for | 14 | | taxable year 2007 and thereafter. A taxpayer who claims an | 15 | | exemption under Section 15-165 or 15-168 may not claim an | 16 | | exemption under this Section. | 17 | | (3) (e) Each taxpayer who has been granted an exemption | 18 | | under this Section must reapply on an annual basis. | 19 | | Application must be made during the application period
in | 20 | | effect for the county of his or her residence. | 21 | | (c-1) Beginning with taxable year 2015, nothing in this | 22 | | Section shall require the veteran to have qualified for or | 23 | | obtained the exemption before death if the veteran was killed | 24 | | in the line of duty. The assessor
or chief county assessment | 25 | | officer may determine the
eligibility of residential property | 26 | | to receive the homestead
exemption provided by this Section by |
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| 1 | | application, visual
inspection, questionnaire, or other | 2 | | reasonable methods. The
determination must be made in | 3 | | accordance with guidelines
established by the Department. | 4 | | (f) For the purposes of this Section: | 5 | | "Qualified residence" means real
property, but less any | 6 | | portion of that property that is used for
commercial purposes, | 7 | | with an equalized assessed value of less than $250,000 that is | 8 | | the disabled veteran's primary residence. Property rented for | 9 | | more than 6 months is
presumed to be used for commercial | 10 | | purposes. | 11 | | "Veteran" means an Illinois resident who has served as a
| 12 | | member of the United States Armed Forces on active duty or
| 13 | | State active duty, a member of the Illinois National Guard, or
| 14 | | a member of the United States Reserve Forces and who has | 15 | | received an honorable discharge. | 16 | | (Source: P.A. 97-333, eff. 8-12-11; 98-1145, eff. 12-30-14.) | 17 | | (35 ILCS 200/15-170) | 18 | | Sec. 15-170. Senior Citizens Homestead Exemption. | 19 | | (a) Definitions. The definitions found in Section 15-162 | 20 | | shall apply to this Section. | 21 | | (b) Eligibility. An annual homestead
exemption limited, | 22 | | except as described here with relation to cooperatives or
life | 23 | | care facilities, to a
maximum reduction set forth below from | 24 | | the property's value, as equalized or
assessed by the | 25 | | Department, is granted for homestead property that is occupied |
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| 1 | | by a homestead owner as a
residence by a person who will be 65 | 2 | | years of age or older by December 31 of the taxable year who is | 3 | | liable for paying real
estate taxes on the property and is an | 4 | | owner of record of the property or has a
legal or equitable | 5 | | interest therein as evidenced by a written instrument,
except | 6 | | for a leasehold interest, other than a leasehold interest of | 7 | | land on
which a single family residence is located, which is | 8 | | occupied as a residence by
a person 65 years or older who has | 9 | | an ownership interest therein, legal,
equitable or as a lessee, | 10 | | and on which he or she is liable for the payment
of property | 11 | | taxes. | 12 | | (c) Amount. Before taxable year 2004, the maximum reduction | 13 | | shall be $2,500 in counties with
3,000,000 or more inhabitants | 14 | | and $2,000 in all other counties. For taxable years 2004 | 15 | | through 2005, the maximum reduction shall be $3,000 in all | 16 | | counties. For taxable years 2006 and 2007, the maximum | 17 | | reduction shall be $3,500. For taxable years 2008 through 2011, | 18 | | the maximum reduction is $4,000 in all counties.
For taxable | 19 | | year 2012, the maximum reduction is $5,000 in counties with
| 20 | | 3,000,000 or more inhabitants and $4,000 in all other counties. | 21 | | For taxable years 2013 and thereafter, the maximum reduction is | 22 | | $5,000 in all counties. | 23 | | For land
improved with an apartment building owned and | 24 | | operated as a cooperative, the maximum reduction from the value | 25 | | of the property, as
equalized
by the Department, shall be | 26 | | multiplied by the number of apartments or units
occupied by a |
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| 1 | | person 65 years of age or older who is liable, by contract with
| 2 | | the owner or owners of record, for paying property taxes on the | 3 | | property and
is an owner of record of a legal or equitable | 4 | | interest in the cooperative
apartment building, other than a | 5 | | leasehold interest. For land improved with
a life care | 6 | | facility, the maximum reduction from the value of the property, | 7 | | as
equalized by the Department, shall be multiplied by the | 8 | | number of apartments or
units occupied by persons 65 years of | 9 | | age or older, irrespective of any legal,
equitable, or | 10 | | leasehold interest in the facility, who are liable, under a
| 11 | | contract with the owner or owners of record of the facility, | 12 | | for paying
property taxes on the property. In a
cooperative or | 13 | | a life care facility where a
homestead exemption has been | 14 | | granted, the cooperative association or the
management firm of | 15 | | the cooperative or facility shall credit the savings
resulting | 16 | | from that exemption only to
the apportioned tax liability of | 17 | | the owner or resident who qualified for
the exemption.
Any | 18 | | person who willfully refuses to so credit the savings shall be | 19 | | guilty of a
Class B misdemeanor. Under this Section and | 20 | | Sections 15-175, 15-176, and 15-177, "life care
facility" means | 21 | | a facility, as defined in Section 2 of the Life Care Facilities
| 22 | | Act, with which the applicant for the homestead exemption has a | 23 | | life care
contract as defined in that Act. | 24 | | When a homestead exemption has been granted under this | 25 | | Section and the person
qualifying subsequently becomes a | 26 | | resident of a facility licensed under the Assisted Living and |
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| 1 | | Shared Housing Act, the Nursing Home Care Act, the Specialized | 2 | | Mental Health Rehabilitation Act of 2013, or the ID/DD | 3 | | Community Care Act, the exemption shall continue so long as the | 4 | | residence
continues to be occupied by the qualifying person's | 5 | | spouse if the spouse is 65
years of age or older, or if the | 6 | | residence remains unoccupied but is still
owned by the person | 7 | | qualified for the homestead exemption. | 8 | | A person who will be 65 years of age
during the current | 9 | | assessment year
shall
be eligible to apply for the homestead | 10 | | exemption during that assessment
year.
Application shall be | 11 | | made during the application period in effect for the
county of | 12 | | his residence. | 13 | | Property Beginning with assessment year 2003, for taxes | 14 | | payable in 2004,
property
that is first occupied as a residence | 15 | | after January 1 of any assessment year by
a person who is | 16 | | eligible for the senior citizens homestead exemption under this
| 17 | | Section must be granted a pro-rata exemption for the assessment | 18 | | year. The
amount of the pro-rata exemption is the exemption
| 19 | | allowed in the county under this Section divided by 365 and | 20 | | multiplied by the
number of days during the assessment year the | 21 | | property is occupied as a
residence by a
person eligible for | 22 | | the exemption under this Section. The chief county
assessment | 23 | | officer must adopt reasonable procedures to establish | 24 | | eligibility
for this pro-rata exemption. | 25 | | (d) Additional provisions. The assessor or chief county | 26 | | assessment officer may determine the eligibility
of a life care |
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| 1 | | facility to receive the benefits provided by this Section, by
| 2 | | affidavit, application, visual inspection, questionnaire or | 3 | | other reasonable
methods in order to insure that the tax | 4 | | savings resulting from the exemption
are credited by the | 5 | | management firm to the apportioned tax liability of each
| 6 | | qualifying resident. The assessor may request reasonable proof | 7 | | that the
management firm has so credited the exemption. | 8 | | The chief county assessment officer of each county with | 9 | | less than 3,000,000
inhabitants shall provide to each person | 10 | | allowed a homestead exemption under
this Section a form to | 11 | | designate any other person to receive a
duplicate of any notice | 12 | | of delinquency in the payment of taxes assessed and
levied | 13 | | under this Code on the property of the person receiving the | 14 | | exemption.
The duplicate notice shall be in addition to the | 15 | | notice required to be
provided to the person receiving the | 16 | | exemption, and shall be given in the
manner required by this | 17 | | Code. The person filing the request for the duplicate
notice | 18 | | shall pay a fee of $5 to cover administrative costs to the | 19 | | supervisor of
assessments, who shall then file the executed | 20 | | designation with the county
collector. Notwithstanding any | 21 | | other provision of this Code to the contrary,
the filing of | 22 | | such an executed designation requires the county collector to
| 23 | | provide duplicate notices as indicated by the designation. A | 24 | | designation may
be rescinded by the person who executed such | 25 | | designation at any time, in the
manner and form required by the | 26 | | chief county assessment officer. |
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| 1 | | The assessor or chief county assessment officer may | 2 | | determine the
eligibility of residential property to receive | 3 | | the homestead exemption provided
by this Section by | 4 | | application, visual inspection, questionnaire or other
| 5 | | reasonable methods. The determination shall be made in | 6 | | accordance with
guidelines established by the Department. | 7 | | (1) In counties with 3,000,000 or more inhabitants, | 8 | | beginning in taxable year 2010, each taxpayer who has been | 9 | | granted an exemption under this Section must reapply on an | 10 | | annual basis. The chief county assessment officer shall | 11 | | mail the application to the taxpayer. In counties with less | 12 | | than 3,000,000 inhabitants, the county board may by
| 13 | | resolution provide that if a person has been granted a | 14 | | homestead exemption
under this Section, the person | 15 | | qualifying need not reapply for the exemption. | 16 | | In counties with less than 3,000,000 inhabitants, if the | 17 | | assessor or chief
county assessment officer requires annual | 18 | | application for verification of
eligibility for an exemption | 19 | | once granted under this Section, the application
shall be | 20 | | mailed to the taxpayer. | 21 | | (2) The assessor or chief county assessment officer | 22 | | shall notify each person
who qualifies for an exemption | 23 | | under this Section that the person may also
qualify for | 24 | | deferral of real estate taxes under the Senior Citizens | 25 | | Real Estate
Tax Deferral Act. The notice shall set forth | 26 | | the qualifications needed for
deferral of real estate |
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| 1 | | taxes, the address and telephone number of
county | 2 | | collector, and a
statement that applications for deferral | 3 | | of real estate taxes may be obtained
from the county | 4 | | collector. | 5 | | (3) Notwithstanding Sections 6 and 8 of the State | 6 | | Mandates Act, no
reimbursement by the State is required for | 7 | | the implementation of any mandate
created by this Section. | 8 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | 9 | | eff. 7-13-12; 98-7, eff. 4-23-13; 98-104, eff. 7-22-13; 98-756, | 10 | | eff. 7-16-14.)
| 11 | | (35 ILCS 200/15-172)
| 12 | | Sec. 15-172. Senior Citizens Assessment Freeze Homestead | 13 | | Exemption.
| 14 | | (a) Definitions. As used in this Section, in addition to | 15 | | the definitions found in Section 15-162: This Section may be | 16 | | cited as the Senior Citizens Assessment
Freeze Homestead | 17 | | Exemption.
| 18 | | (b) As used in this Section:
| 19 | | "Applicant" means an individual who has filed an | 20 | | application under this
Section.
| 21 | | "Base amount" means the base year equalized assessed value | 22 | | of the residence
plus the first year's equalized assessed value | 23 | | of any added improvements which
increased the assessed value of | 24 | | the residence after the base year.
| 25 | | "Base year" means the taxable year prior to the taxable |
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| 1 | | year for which the
applicant first qualifies and applies for | 2 | | the exemption provided that in the
prior taxable year the | 3 | | property was improved with a permanent structure that
was | 4 | | occupied as a residence by the applicant who was liable for | 5 | | paying real
property taxes on the property and who was either | 6 | | (i) an owner of record of the
property or had legal or | 7 | | equitable interest in the property as evidenced by a
written | 8 | | instrument or (ii) had a legal or equitable interest as a | 9 | | lessee in the
parcel of property that was single family | 10 | | residence.
If in any subsequent taxable year for which the | 11 | | applicant applies and
qualifies for the exemption the equalized | 12 | | assessed value of the residence is
less than the equalized | 13 | | assessed value in the existing base year
(provided that such | 14 | | equalized assessed value is not
based
on an
assessed value that | 15 | | results from a temporary irregularity in the property that
| 16 | | reduces the
assessed value for one or more taxable years), then | 17 | | that
subsequent taxable year shall become the base year until a | 18 | | new base year is
established under the terms of this paragraph. | 19 | | For taxable year 1999 only, the
Chief County Assessment Officer | 20 | | shall review (i) all taxable years for which
the
applicant | 21 | | applied and qualified for the exemption and (ii) the existing | 22 | | base
year.
The assessment officer shall select as the new base | 23 | | year the year with the
lowest equalized assessed value.
An | 24 | | equalized assessed value that is based on an assessed value | 25 | | that results
from a
temporary irregularity in the property that | 26 | | reduces the assessed value for one
or more
taxable years shall |
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| 1 | | not be considered the lowest equalized assessed value.
The | 2 | | selected year shall be the base year for
taxable year 1999 and | 3 | | thereafter until a new base year is established under the
terms | 4 | | of this paragraph.
| 5 | | "Chief County Assessment Officer" means the County | 6 | | Assessor or Supervisor of
Assessments of the county in which | 7 | | the property is located.
| 8 | | "Equalized assessed value" means the assessed value as | 9 | | equalized by the
Illinois Department of Revenue.
| 10 | | "Household" means the applicant, the spouse of the | 11 | | applicant, and all persons
using the residence of the applicant | 12 | | as their principal place of residence.
| 13 | | "Household income" means the combined income of the members | 14 | | of a household
for the calendar year preceding the taxable | 15 | | year.
| 16 | | "Income" has the same meaning as provided in Section 3.07 | 17 | | of the Senior
Citizens and Disabled Persons Property Tax Relief
| 18 | | Act, except that, beginning in assessment year 2001, "income" | 19 | | does not
include veteran's benefits.
| 20 | | "Internal Revenue Code of 1986" means the United States | 21 | | Internal Revenue Code
of 1986 or any successor law or laws | 22 | | relating to federal income taxes in effect
for the year | 23 | | preceding the taxable year.
| 24 | | "Life care facility that qualifies as a cooperative" means | 25 | | a facility as
defined in Section 2 of the Life Care Facilities | 26 | | Act.
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| 1 | | "Maximum income limitation" means $55,000. : | 2 | | (1) $35,000 prior
to taxable year 1999; | 3 | | (2) $40,000 in taxable years 1999 through 2003; | 4 | | (3) $45,000 in taxable years 2004 through 2005; | 5 | | (4) $50,000 in taxable years 2006 and 2007; and | 6 | | (5) $55,000 in taxable year 2008 and thereafter.
| 7 | | "Residence" means the principal dwelling place and | 8 | | appurtenant structures
used for residential purposes in this | 9 | | State occupied on January 1 of the
taxable year by a household | 10 | | and so much of the surrounding land, constituting
the parcel | 11 | | upon which the dwelling place is situated, as is used for
| 12 | | residential purposes. If the Chief County Assessment Officer | 13 | | has established a
specific legal description for a portion of | 14 | | property constituting the
residence, then that portion of | 15 | | property shall be deemed the residence for the
purposes of this | 16 | | Section.
| 17 | | "Taxable year" means the calendar year during which ad | 18 | | valorem property taxes
payable in the next succeeding year are | 19 | | levied.
| 20 | | (b) Eligibility. A (c) Beginning in taxable year 1994, a | 21 | | senior citizens assessment freeze
homestead exemption is | 22 | | granted for homestead real property that is improved with a
| 23 | | permanent structure that is occupied as a residence by a | 24 | | homestead owner an applicant who (i) is
65 years of age or | 25 | | older by December 31 of during the taxable year and , (ii) has | 26 | | a household income that does not exceed the maximum income |
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| 1 | | limitation , (iii) is liable for paying real property taxes on
| 2 | | the
property, and (iv) is an owner of record of the property or | 3 | | has a legal or
equitable interest in the property as evidenced | 4 | | by a written instrument. This
homestead exemption shall also | 5 | | apply to a leasehold interest in a parcel of
property improved | 6 | | with a permanent structure that is a single family residence
| 7 | | that is occupied as a residence by a person who (i) is 65 years | 8 | | of age or older
during the taxable year, (ii) has a household | 9 | | income that does not exceed the maximum income limitation,
| 10 | | (iii)
has a legal or equitable ownership interest in the | 11 | | property as lessee, and (iv)
is liable for the payment of real | 12 | | property taxes on that property .
| 13 | | (c) Amount. In all counties of 3,000,000 or more | 14 | | inhabitants , the amount of the exemption for all taxable years | 15 | | is the equalized assessed value of the
residence in the taxable | 16 | | year for which application is made minus the base
amount. In | 17 | | all other counties, the amount of the exemption is as follows: | 18 | | (i) through taxable year 2005 and for taxable year 2007 and | 19 | | thereafter, the amount of this exemption shall be the equalized | 20 | | assessed value of the
residence in the taxable year for which | 21 | | application is made minus the base
amount; and (ii) for
taxable | 22 | | year 2006, the amount of the exemption is as follows:
| 23 | | (1) For an applicant who has a household income of | 24 | | $45,000 or less, the amount of the exemption is the | 25 | | equalized assessed value of the
residence in the taxable | 26 | | year for which application is made minus the base
amount. |
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| 1 | | (2) For an applicant who has a household income | 2 | | exceeding $45,000 but not exceeding $46,250, the amount of | 3 | | the exemption is (i) the equalized assessed value of the
| 4 | | residence in the taxable year for which application is made | 5 | | minus the base
amount (ii) multiplied by 0.8. | 6 | | (3) For an applicant who has a household income | 7 | | exceeding $46,250 but not exceeding $47,500, the amount of | 8 | | the exemption is (i) the equalized assessed value of the
| 9 | | residence in the taxable year for which application is made | 10 | | minus the base
amount (ii) multiplied by 0.6. | 11 | | (4) For an applicant who has a household income | 12 | | exceeding $47,500 but not exceeding $48,750, the amount of | 13 | | the exemption is (i) the equalized assessed value of the
| 14 | | residence in the taxable year for which application is made | 15 | | minus the base
amount (ii) multiplied by 0.4. | 16 | | (5) For an applicant who has a household income | 17 | | exceeding $48,750 but not exceeding $50,000, the amount of | 18 | | the exemption is (i) the equalized assessed value of the
| 19 | | residence in the taxable year for which application is made | 20 | | minus the base
amount (ii) multiplied by 0.2. | 21 | | When the applicant is a surviving spouse of an applicant | 22 | | for a prior year for
the same residence for which an exemption | 23 | | under this Section has been granted,
the base year and base | 24 | | amount for that residence are the same as for the
applicant for | 25 | | the prior year.
| 26 | | Each year at the time the assessment books are certified to |
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| 1 | | the County Clerk,
the Board of Review or Board of Appeals shall | 2 | | give to the County Clerk a list
of the assessed values of | 3 | | improvements on each parcel qualifying for this
exemption that | 4 | | were added after the base year for this parcel and that
| 5 | | increased the assessed value of the property.
| 6 | | In the case of land improved with an apartment building | 7 | | owned and operated as
a cooperative or a building that is a | 8 | | life care facility that qualifies as a
cooperative, the maximum | 9 | | reduction from the equalized assessed value of the
property is | 10 | | limited to the sum of the reductions calculated for each unit
| 11 | | occupied as a residence by a person or persons (i) 65 years of | 12 | | age or older, (ii) with a
household income that does not exceed | 13 | | the maximum income limitation, (iii) who is liable, by contract | 14 | | with the
owner
or owners of record, for paying real property | 15 | | taxes on the property, and (iv) who is
an owner of record of a | 16 | | legal or equitable interest in the cooperative
apartment | 17 | | building, other than a leasehold interest. In the instance of a
| 18 | | cooperative where a homestead exemption has been granted under | 19 | | this Section,
the cooperative association or its management | 20 | | firm shall credit the savings
resulting from that exemption | 21 | | only to the apportioned tax liability of the
owner who | 22 | | qualified for the exemption. Any person who willfully refuses | 23 | | to
credit that savings to an owner who qualifies for the | 24 | | exemption is guilty of a
Class B misdemeanor.
| 25 | | When a homestead exemption has been granted under this | 26 | | Section and an
applicant then becomes a resident of a facility |
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| 1 | | licensed under the Assisted Living and Shared Housing Act, the | 2 | | Nursing Home
Care Act, the Specialized Mental Health | 3 | | Rehabilitation Act of 2013, or the ID/DD Community Care Act, | 4 | | the exemption shall be granted in subsequent years so long as | 5 | | the
residence (i) continues to be occupied by the qualified | 6 | | applicant's spouse or
(ii) if remaining unoccupied, is still | 7 | | owned by the qualified applicant for the
homestead exemption.
| 8 | | (d) Additional provisions. | 9 | | (1) When Beginning January 1, 1997, when an individual | 10 | | dies who would have qualified
for an exemption under this | 11 | | Section, and the surviving spouse does not
independently | 12 | | qualify for this exemption because of age, the exemption | 13 | | under
this Section shall be granted to the surviving spouse | 14 | | for the taxable year
preceding and the taxable
year of the | 15 | | death, provided that, except for age, the surviving spouse | 16 | | meets
all
other qualifications for the granting of this | 17 | | exemption for those years.
| 18 | | (2) When married persons maintain separate residences, | 19 | | the exemption provided for
in this Section may be claimed | 20 | | by only one of such persons and for only one
residence.
| 21 | | For taxable year 1994 only, in counties having less than | 22 | | 3,000,000
inhabitants, to receive the exemption, a person shall | 23 | | submit an application by
February 15, 1995 to the Chief County | 24 | | Assessment Officer
of the county in which the property is | 25 | | located. | 26 | | (3) In counties having 3,000,000
or more inhabitants, |
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| 1 | | for taxable year 1994 and all subsequent taxable years, to
| 2 | | receive the exemption, a person
may submit an application | 3 | | to the Chief County
Assessment Officer of the county in | 4 | | which the property is located during such
period as may be | 5 | | specified by the Chief County Assessment Officer. | 6 | | (4) The Chief
County Assessment Officer in counties of | 7 | | 3,000,000 or more inhabitants shall
annually give notice of | 8 | | the application period by mail or by publication. | 9 | | (5) In
counties having less than 3,000,000 | 10 | | inhabitants, beginning with taxable year
1995 and | 11 | | thereafter, to receive the exemption, a person
shall
submit | 12 | | an
application by July 1 of each taxable year to the Chief | 13 | | County Assessment
Officer of the county in which the | 14 | | property is located. | 15 | | (6) A county may, by
ordinance, establish a date for | 16 | | submission of applications that is
different than
July 1.
| 17 | | (7) The applicant shall submit with the
application an | 18 | | affidavit of the applicant's total household income, age,
| 19 | | marital status (and if married the name and address of the | 20 | | applicant's spouse,
if known), and principal dwelling | 21 | | place of members of the household on January
1 of the | 22 | | taxable year. | 23 | | (8) The Department shall establish, by rule, a method | 24 | | for
verifying the accuracy of affidavits filed by | 25 | | applicants under this Section, and the Chief County | 26 | | Assessment Officer may conduct audits of any taxpayer |
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| 1 | | claiming an exemption under this Section to verify that the | 2 | | taxpayer is eligible to receive the exemption. | 3 | | (9) Each application shall contain or be verified by a | 4 | | notarized written declaration that it is made under the | 5 | | penalties of perjury. A taxpayer's signing a fraudulent | 6 | | application under this Act is perjury, as defined in | 7 | | Section 32-2 of the Criminal Code of 2012.
| 8 | | (10) The applications shall be clearly marked as | 9 | | applications for the Senior
Citizens Assessment Freeze | 10 | | Homestead Exemption and must contain a notice that any | 11 | | taxpayer who receives the exemption is subject to an audit | 12 | | by the Chief County Assessment Officer.
| 13 | | Notwithstanding any other provision to the contrary, in | 14 | | counties having fewer
than 3,000,000 inhabitants, if an | 15 | | applicant fails
to file the application required by this | 16 | | Section in a timely manner and this
failure to file is due to a | 17 | | mental or physical condition sufficiently severe so
as to | 18 | | render the applicant incapable of filing the application in a | 19 | | timely
manner, the Chief County Assessment Officer may extend | 20 | | the filing deadline for
a period of 30 days after the applicant | 21 | | regains the capability to file the
application, but in no case | 22 | | may the filing deadline be extended beyond 3
months of the | 23 | | original filing deadline. In order to receive the extension
| 24 | | provided in this paragraph, the applicant shall provide the | 25 | | Chief County
Assessment Officer with a signed statement from | 26 | | the applicant's physician
stating the nature and extent of the |
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| 1 | | condition, that, in the
physician's opinion, the condition was | 2 | | so severe that it rendered the applicant
incapable of filing | 3 | | the application in a timely manner, and the date on which
the | 4 | | applicant regained the capability to file the application.
| 5 | | Beginning January 1, 1998, notwithstanding any other | 6 | | provision to the
contrary, in counties having fewer than | 7 | | 3,000,000 inhabitants, if an applicant
fails to file the | 8 | | application required by this Section in a timely manner and
| 9 | | this failure to file is due to a mental or physical condition | 10 | | sufficiently
severe so as to render the applicant incapable of | 11 | | filing the application in a
timely manner, the Chief County | 12 | | Assessment Officer may extend the filing
deadline for a period | 13 | | of 3 months. In order to receive the extension provided
in this | 14 | | paragraph, the applicant shall provide the Chief County | 15 | | Assessment
Officer with a signed statement from the applicant's | 16 | | physician stating the
nature and extent of the condition, and | 17 | | that, in the physician's opinion, the
condition was so severe | 18 | | that it rendered the applicant incapable of filing the
| 19 | | application in a timely manner.
| 20 | | In counties having less than 3,000,000 inhabitants, if an | 21 | | applicant was
denied an exemption in taxable year 1994 and the | 22 | | denial occurred due to an
error on the part of an assessment
| 23 | | official, or his or her agent or employee, then beginning in | 24 | | taxable year 1997
the
applicant's base year, for purposes of | 25 | | determining the amount of the exemption,
shall be 1993 rather | 26 | | than 1994. In addition, in taxable year 1997, the
applicant's |
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| 1 | | exemption shall also include an amount equal to (i) the amount | 2 | | of
any exemption denied to the applicant in taxable year 1995 | 3 | | as a result of using
1994, rather than 1993, as the base year, | 4 | | (ii) the amount of any exemption
denied to the applicant in | 5 | | taxable year 1996 as a result of using 1994, rather
than 1993, | 6 | | as the base year, and (iii) the amount of the exemption | 7 | | erroneously
denied for taxable year 1994.
| 8 | | For purposes of this Section, a person who will be 65 years | 9 | | of age during the
current taxable year shall be eligible to | 10 | | apply for the homestead exemption
during that taxable year. | 11 | | Application shall be made during the application
period in | 12 | | effect for the county of his or her residence.
| 13 | | The Chief County Assessment Officer may determine the | 14 | | eligibility of a life
care facility that qualifies as a | 15 | | cooperative to receive the benefits
provided by this Section by | 16 | | use of an affidavit, application, visual
inspection, | 17 | | questionnaire, or other reasonable method in order to insure | 18 | | that
the tax savings resulting from the exemption are credited | 19 | | by the management
firm to the apportioned tax liability of each | 20 | | qualifying resident. The Chief
County Assessment Officer may | 21 | | request reasonable proof that the management firm
has so | 22 | | credited that exemption.
| 23 | | (11) Except as provided in this Section, all | 24 | | information received by the chief
county assessment | 25 | | officer or the Department from applications filed under | 26 | | this
Section, or from any investigation conducted under the |
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| 1 | | provisions of this
Section, shall be confidential, except | 2 | | for official purposes or
pursuant to official procedures | 3 | | for collection of any State or local tax or
enforcement of | 4 | | any civil or criminal penalty or sanction imposed by this | 5 | | Act or
by any statute or ordinance imposing a State or | 6 | | local tax. Any person who
divulges any such information in | 7 | | any manner, except in accordance with a proper
judicial | 8 | | order, is guilty of a Class A misdemeanor.
| 9 | | (12) Nothing contained in this Section shall prevent | 10 | | the Director or chief county
assessment officer from | 11 | | publishing or making available reasonable statistics
| 12 | | concerning the operation of the exemption contained in this | 13 | | Section in which
the contents of claims are grouped into | 14 | | aggregates in such a way that
information contained in any | 15 | | individual claim shall not be disclosed.
| 16 | | (13) (d) Each Chief County Assessment Officer shall | 17 | | annually publish a notice
of availability of the exemption | 18 | | provided under this Section. The notice
shall be published | 19 | | at least 60 days but no more than 75 days prior to the date
| 20 | | on which the application must be submitted to the Chief | 21 | | County Assessment
Officer of the county in which the | 22 | | property is located. The notice shall
appear in a newspaper | 23 | | of general circulation in the county.
| 24 | | (14) Notwithstanding Sections 6 and 8 of the State | 25 | | Mandates Act, no reimbursement by the State is required for | 26 | | the implementation of any mandate created by this Section.
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| 1 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-689, | 2 | | eff. 6-14-12; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; | 3 | | 98-104, eff. 7-22-13.) | 4 | | (35 ILCS 200/15-173) | 5 | | Sec. 15-173. Natural Disaster Homestead Exemption. | 6 | | (a) Definitions. As used in this Section, in addition to | 7 | | the definitions found in Section 15-162: This Section may be | 8 | | cited as the Natural Disaster Homestead Exemption. | 9 | | (b) As used in this Section: | 10 | | "Base amount" means the base year equalized assessed value | 11 | | of the residence. | 12 | | "Base year" means the taxable year prior to the taxable | 13 | | year in which the natural disaster occurred. | 14 | | "Chief county assessment officer" means the County | 15 | | Assessor or Supervisor of
Assessments of the county in which | 16 | | the property is located. | 17 | | "Equalized assessed value" means the assessed value as | 18 | | equalized by the
Illinois Department of Revenue. | 19 | | "Homestead property" has the meaning ascribed to that term | 20 | | in Section 15-175 of this Code. | 21 | | "Natural disaster" means an occurrence of widespread or | 22 | | severe damage or loss of property
resulting from any | 23 | | catastrophic cause including but not limited to fire, flood, | 24 | | earthquake, wind, storm, or extended period of severe inclement | 25 | | weather. In the case of a residential
structure affected by |
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| 1 | | flooding, the structure shall not be eligible for this
| 2 | | homestead improvement exemption unless it is located within a | 3 | | local
jurisdiction which is participating in the National Flood | 4 | | Insurance Program. A proclamation of disaster by the President | 5 | | of the United States or Governor of the State of Illinois is | 6 | | not a prerequisite to the classification of an occurrence as a | 7 | | natural disaster under this Section. | 8 | | (b) Eligibility. (c) A
homestead exemption shall be granted | 9 | | by the chief county assessment officer for homestead properties | 10 | | containing a residential structure that has been
rebuilt | 11 | | following a natural disaster occurring in taxable year 2012 or | 12 | | any taxable year thereafter. | 13 | | (c) Amount. The amount of the exemption is the equalized | 14 | | assessed value of the residence in the first taxable year for | 15 | | which the taxpayer applies for an exemption under this Section | 16 | | minus the base amount. To be eligible for an exemption
under | 17 | | this Section: (i) the residential structure must
be rebuilt | 18 | | within 2 years after the date of the natural disaster; and (ii) | 19 | | the square footage of the rebuilt residential structure may not | 20 | | be more than 110% of the square footage of the original | 21 | | residential structure as it existed immediately prior to the | 22 | | natural disaster. The taxpayer's initial application for an | 23 | | exemption under this Section must be made no later than the | 24 | | first taxable year after the residential structure is rebuilt. | 25 | | The exemption shall continue at the same annual amount until | 26 | | the taxable year in which the property is sold or transferred. |
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| 1 | | (d) Additional provisions. | 2 | | (1) To receive the exemption, the taxpayer shall submit | 3 | | an application to the chief county assessment officer of | 4 | | the county in which the property is located by July 1 of | 5 | | each taxable year. A county may, by resolution, establish a | 6 | | date for submission of applications that is different than | 7 | | July 1. The chief county assessment officer may require | 8 | | additional
documentation to be provided by the applicant. | 9 | | The applications shall be clearly marked as applications | 10 | | for the Natural Disaster Homestead Exemption. | 11 | | (2) (e) Property is not eligible for an exemption under | 12 | | this Section and Section 15-180 for the same natural | 13 | | disaster or catastrophic event. The property may, however, | 14 | | remain eligible for an additional exemption under Section | 15 | | 15-180 for any separate event occurring after the property | 16 | | qualified for an exemption under this Section. | 17 | | (3) (f) The exemption under this Section carries over | 18 | | to the benefit of the surviving spouse as long as the | 19 | | spouse holds the legal or beneficial title to the homestead | 20 | | and permanently resides thereon. | 21 | | (4) (g) Notwithstanding Sections 6 and 8 of the State | 22 | | Mandates Act, no reimbursement by the State is required for | 23 | | the implementation of any mandate created by this Section.
| 24 | | (Source: P.A. 97-716, eff. 6-29-12.)
| 25 | | (35 ILCS 200/15-175)
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| 1 | | Sec. 15-175. General homestead exemption. | 2 | | (a) Definitions. As used in this Section, in addition to | 3 | | the definitions found in Section 15-162: | 4 | | "Household", as used in this Section, means the owner, the | 5 | | spouse of the owner, and all persons using the residence of the | 6 | | owner as their principal place of residence. | 7 | | "Household income", as used in this Section, means the | 8 | | combined income of the members of a household for the calendar | 9 | | year preceding the taxable year. | 10 | | "Income", as used in this Section, has the same meaning as | 11 | | provided in Section 3.07 of the Senior Citizens and Disabled | 12 | | Persons Property Tax Relief Act, except that "income" does not | 13 | | include veteran's benefits. | 14 | | (b) Eligibility. Except as provided in Sections 15-176 and | 15 | | 15-177, homestead
property is
entitled to an annual homestead | 16 | | exemption limited, except as described here
with relation to | 17 | | cooperatives, to a reduction in the equalized assessed value
of | 18 | | homestead property equal to the increase in equalized assessed | 19 | | value for the
current assessment year above the equalized | 20 | | assessed value of the property for
1977, up to the maximum | 21 | | reduction set forth below. If however, the 1977
equalized | 22 | | assessed value upon which taxes were paid is subsequently | 23 | | determined
by local assessing officials, the Property Tax | 24 | | Appeal Board, or a court to have
been excessive, the equalized | 25 | | assessed value which should have been placed on
the property | 26 | | for 1977 shall be used to determine the amount of the |
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| 1 | | exemption.
| 2 | | (c) Amount. (b) | 3 | | (1) Except as provided in Section 15-176, the maximum | 4 | | reduction before taxable year 2004 shall be
$4,500 in | 5 | | counties with 3,000,000 or more
inhabitants
and $3,500 in | 6 | | all other counties. Except as provided in Sections 15-176 | 7 | | and 15-177, for taxable years 2004 through 2007, the | 8 | | maximum reduction shall be $5,000, for taxable year 2008, | 9 | | the maximum reduction is $5,500, and, for taxable years | 10 | | 2009 through 2011, the maximum reduction is $6,000 in all | 11 | | counties. For taxable years 2012 and thereafter, the | 12 | | maximum reduction is $7,000 in counties with 3,000,000 or | 13 | | more
inhabitants
and $6,000 in all other counties. If a | 14 | | county has elected to subject itself to the provisions of | 15 | | Section 15-176 as provided in subsection (k) of that | 16 | | Section, then, for the first taxable year only after the | 17 | | provisions of Section 15-176 no longer apply, for owners | 18 | | who, for the taxable year, have not been granted a senior | 19 | | citizens assessment freeze homestead exemption under | 20 | | Section 15-172 or a long-time occupant homestead exemption | 21 | | under Section 15-177, there shall be an additional | 22 | | exemption of $5,000 for owners with a household income of | 23 | | $30,000 or less.
| 24 | | (2) (c) In counties with fewer than 3,000,000 | 25 | | inhabitants, if, based on the most
recent assessment, the | 26 | | equalized assessed value of
the homestead property for the |
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| 1 | | current assessment year is greater than the
equalized | 2 | | assessed value of the property for 1977, the owner of the | 3 | | property
shall automatically receive the exemption granted | 4 | | under this Section in an
amount equal to the increase over | 5 | | the 1977 assessment up to the maximum
reduction set forth | 6 | | in this Section.
| 7 | | (d) Additional provisions. | 8 | | (1) If in any assessment year beginning with the 2000 | 9 | | assessment year ,
homestead property has a pro-rata | 10 | | valuation under
Section 9-180 resulting in an increase in | 11 | | the assessed valuation, a reduction
in equalized assessed | 12 | | valuation equal to the increase in equalized assessed
value | 13 | | of the property for the year of the pro-rata valuation | 14 | | above the
equalized assessed value of the property for 1977 | 15 | | shall be applied to the
property on a proportionate basis | 16 | | for the period the property qualified as
homestead property | 17 | | during the assessment year. The maximum proportionate
| 18 | | homestead exemption shall not exceed the maximum homestead | 19 | | exemption allowed in
the county under this Section divided | 20 | | by 365 and multiplied by the number of
days the property | 21 | | qualified as homestead property.
| 22 | | (e) The chief county assessment officer may, when | 23 | | considering whether to grant a leasehold exemption under this | 24 | | Section, require the following conditions to be met: | 25 | | (1) that a notarized application for the exemption, | 26 | | signed by both the owner and the lessee of the property, |
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| 1 | | must be submitted each year during the application period | 2 | | in effect for the county in which the property is located; | 3 | | (2) that a copy of the lease must be filed with the | 4 | | chief county assessment officer by the owner of the | 5 | | property at the time the notarized application is | 6 | | submitted; | 7 | | (3) that the lease must expressly state that the lessee | 8 | | is liable for the payment of property taxes; and | 9 | | (4) that the lease must include the following language | 10 | | in substantially the following form: | 11 | | "Lessee shall be liable for the payment of real | 12 | | estate taxes with respect to the residence in | 13 | | accordance with the terms and conditions of Section | 14 | | 15-175 of the Property Tax Code (35 ILCS 200/15-175). | 15 | | The permanent real estate index number for the premises | 16 | | is (insert number), and, according to the most recent | 17 | | property tax bill, the current amount of real estate | 18 | | taxes associated with the premises is (insert amount) | 19 | | per year. The parties agree that the monthly rent set | 20 | | forth above shall be increased or decreased pro rata | 21 | | (effective January 1 of each calendar year) to reflect | 22 | | any increase or decrease in real estate taxes. Lessee | 23 | | shall be deemed to be satisfying Lessee's liability for | 24 | | the above mentioned real estate taxes with the monthly | 25 | | rent payments as set forth above (or increased or | 26 | | decreased as set forth herein).". |
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| 1 | | In addition, if there is a change in lessee, or if the | 2 | | lessee vacates the property, then the chief county assessment | 3 | | officer may require the owner of the property to notify the | 4 | | chief county assessment officer of that change. | 5 | | This subsection (e) does not apply to leasehold interests | 6 | | in property owned by a municipality. | 7 | | (f) "Homestead property" under this Section includes | 8 | | residential property that is
occupied by its owner or owners as | 9 | | his or their principal dwelling place, or
that is a leasehold | 10 | | interest on which a single family residence is situated,
which | 11 | | is occupied as a residence by a person who has an ownership | 12 | | interest
therein, legal or equitable or as a lessee, and on | 13 | | which the person is
liable for the payment of property taxes. | 14 | | For land improved with
an apartment building owned and operated | 15 | | as a cooperative or a building which
is a life care facility as | 16 | | defined in Section 15-170 and considered to
be a cooperative | 17 | | under Section 15-170, the maximum reduction from the equalized
| 18 | | assessed value shall be limited to the increase in the value | 19 | | above the
equalized assessed value of the property for 1977, up | 20 | | to
the maximum reduction set forth above, multiplied by the | 21 | | number of apartments
or units occupied by a person or persons | 22 | | who is liable, by contract with the
owner or owners of record, | 23 | | for paying property taxes on the property and is an
owner of | 24 | | record of a legal or equitable interest in the cooperative
| 25 | | apartment building, other than a leasehold interest. For | 26 | | purposes of this
Section, the term "life care facility" has the |
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| 1 | | meaning stated in Section
15-170.
| 2 | | "Household", as used in this Section,
means the owner, the | 3 | | spouse of the owner, and all persons using
the
residence of the | 4 | | owner as their principal place of residence.
| 5 | | "Household income", as used in this Section,
means the | 6 | | combined income of the members of a household
for the calendar | 7 | | year preceding the taxable year.
| 8 | | "Income", as used in this Section,
has the same meaning as | 9 | | provided in Section 3.07 of the Senior
Citizens
and Disabled | 10 | | Persons Property Tax Relief Act,
except that
"income" does not | 11 | | include veteran's benefits.
| 12 | | (g) In a cooperative where a homestead exemption has been | 13 | | granted, the
cooperative association or its management firm | 14 | | shall credit the savings
resulting from that exemption only to | 15 | | the apportioned tax liability of the
owner who qualified for | 16 | | the exemption. Any person who willfully refuses to so
credit | 17 | | the savings shall be guilty of a Class B misdemeanor.
| 18 | | (2) (h) Where married persons maintain and reside in | 19 | | separate residences qualifying
as homestead property, each | 20 | | residence shall receive 50% of the total reduction
in | 21 | | equalized assessed valuation provided by this Section.
| 22 | | (3) (i) In all counties which have elected to be | 23 | | subject to the provisions of section 15-176 as provided in | 24 | | subsection (k) of that Section , the assessor
or chief | 25 | | county assessment officer may determine the
eligibility of | 26 | | residential property to receive the homestead exemption |
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| 1 | | and the amount of the exemption by
application, visual | 2 | | inspection, questionnaire or other reasonable methods. The
| 3 | | determination shall be made in accordance with guidelines | 4 | | established by the
Department, provided that the taxpayer | 5 | | applying for an additional general exemption under this | 6 | | Section shall submit to the chief county assessment officer | 7 | | an application with an affidavit of the applicant's total | 8 | | household income, age, marital status (and, if married, the | 9 | | name and address of the applicant's spouse, if known), and | 10 | | principal dwelling place of members of the household on | 11 | | January 1 of the taxable year. The Department shall issue | 12 | | guidelines establishing a method for verifying the | 13 | | accuracy of the affidavits filed by applicants under this | 14 | | paragraph. The applications shall be clearly marked as | 15 | | applications for the Additional General Homestead | 16 | | Exemption.
| 17 | | (j) In counties with fewer than 3,000,000 inhabitants, in | 18 | | the event of a sale
of
homestead property the homestead | 19 | | exemption shall remain in effect for the
remainder of the | 20 | | assessment year of the sale. The assessor or chief county
| 21 | | assessment officer may require the new
owner of the property to | 22 | | apply for the homestead exemption for the following
assessment | 23 | | year.
| 24 | | (4) (k) Notwithstanding Sections 6 and 8 of the State | 25 | | Mandates Act, no reimbursement by the State is required for | 26 | | the implementation of any mandate created by this Section.
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| 1 | | (Source: P.A. 97-689, eff. 6-14-12; 97-1125, eff. 8-28-12; | 2 | | 98-7, eff. 4-23-13; 98-463, eff. 8-16-13.)
| 3 | | (35 ILCS 200/15-180)
| 4 | | Sec. 15-180. Homestead improvement exemption improvements . | 5 | | (a) Definitions. As used in this Section, in addition to | 6 | | the definitions found in Section 15-162, a "catastrophic event" | 7 | | may include an occurrence of widespread or severe damage or | 8 | | loss of property resulting from any catastrophic cause | 9 | | including but not limited to fire, including arson (provided | 10 | | the fire was not caused by the willful action of an owner or | 11 | | resident of the property), flood, earthquake, wind, storm, | 12 | | explosion, or extended periods of severe inclement weather. In | 13 | | the case of a residential structure affected by flooding, the | 14 | | structure shall not be eligible for this homestead improvement | 15 | | exemption unless it is located within a local jurisdiction | 16 | | which is participating in the National Flood Insurance Program. | 17 | | A 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 | | catastrophic event under this Section. | 21 | | (b) Eligibility. Homestead properties that have been
| 22 | | improved and residential structures on homestead property that | 23 | | have been
rebuilt following a catastrophic event are entitled | 24 | | to a homestead improvement
exemption, limited to $30,000 per | 25 | | year through December 31, 1997,
$45,000 beginning January 1, |
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| 1 | | 1998 and through December 31, 2003, and $75,000
per year for | 2 | | that homestead property beginning
January 1, 2004
and | 3 | | thereafter, in fair cash value, when that
property
is owned by | 4 | | a homestead owner and used exclusively for a residential | 5 | | purpose and upon demonstration
that a proposed increase in | 6 | | assessed value is attributable solely to a new
improvement of | 7 | | an existing structure or the rebuilding of a residential
| 8 | | structure following a catastrophic event. To be eligible for an | 9 | | exemption
under this Section after a catastrophic event, the | 10 | | residential structure must
be rebuilt within 2 years after the | 11 | | catastrophic event. The exemption for
rebuilt structures under | 12 | | this Section applies to the increase in value of the
rebuilt | 13 | | structure over the value of the structure before the | 14 | | catastrophic
event. | 15 | | (c) Amount. The amount of the exemption shall be limited to | 16 | | the fair cash value
added by the new improvement or rebuilding | 17 | | and shall continue
for 4 years from
the date the improvement or | 18 | | rebuilding is completed and occupied, or until the
next | 19 | | following general assessment of that property, whichever is | 20 | | later.
The exemption is limited to $75,000 per year for that | 21 | | homestead property in fair cash value.
| 22 | | A proclamation of disaster by the President of the United | 23 | | States or Governor
of the State of Illinois is not a | 24 | | prerequisite to the classification of an
occurrence as a | 25 | | catastrophic event under this Section. A "catastrophic event"
| 26 | | may include an occurrence of widespread or severe damage or |
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| 1 | | loss of property
resulting from any catastrophic cause | 2 | | including but not limited to fire,
including arson (provided | 3 | | the fire was not caused by the willful action of an
owner or | 4 | | resident of the property), flood, earthquake, wind, storm, | 5 | | explosion,
or extended periods of severe inclement weather. In | 6 | | the case of a residential
structure affected by flooding, the | 7 | | structure shall not be eligible for this
homestead improvement | 8 | | exemption unless it is located within a local
jurisdiction | 9 | | which is participating in the National Flood Insurance Program.
| 10 | | (d) Additional provisions. | 11 | | (1) In counties of less than 3,000,000 inhabitants, in | 12 | | addition to the notice
requirement under Section 12-30, a | 13 | | supervisor of assessments, county assessor,
or township or | 14 | | multi-township assessor responsible for adding an | 15 | | assessable
improvement to a residential property's | 16 | | assessment shall either notify a
taxpayer whose assessment | 17 | | has been changed since the last preceding assessment
that | 18 | | he or she may be eligible for the exemption provided under | 19 | | this Section or
shall grant the exemption automatically.
| 20 | | (2) In Beginning January 1, 1999, in counties of | 21 | | 3,000,000 or more inhabitants,
an application for a
| 22 | | homestead
improvement exemption for a residential | 23 | | structure that has been rebuilt
following a catastrophic | 24 | | event must be submitted to the Chief County Assessment
| 25 | | Officer with a valuation complaint and a copy of the | 26 | | building permit to rebuild
the structure. The Chief County |
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| 1 | | Assessment Officer may require additional
documentation | 2 | | which must be provided by the applicant.
| 3 | | (3) Notwithstanding Sections 6 and 8 of the State | 4 | | Mandates Act, no reimbursement by the State is required for | 5 | | the implementation of any mandate created by this Section.
| 6 | | (Source: P.A. 93-715, eff. 7-12-04.)
| 7 | | Section 99. Effective date. This Act takes effect January | 8 | | 1, 2016.".
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