Full Text of SB1257 101st General Assembly
SB1257eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Property Tax Code is amended by changing | 5 | | Section 15-170 as follows: | 6 | | (35 ILCS 200/15-170) | 7 | | Sec. 15-170. Senior citizens homestead exemption. An | 8 | | annual homestead
exemption limited, except as described here | 9 | | with relation to cooperatives or
life care facilities, to a
| 10 | | maximum reduction set forth below from the property's value, as | 11 | | equalized or
assessed by the Department, is granted for | 12 | | property that is occupied as a
residence by a person 65 years | 13 | | of age or older who is liable for paying real
estate taxes on | 14 | | the property and is an owner of record of the property or has a
| 15 | | legal or equitable interest therein as evidenced by a written | 16 | | instrument,
except for a leasehold interest, other than a | 17 | | leasehold interest of land on
which a single family residence | 18 | | is located, which is occupied as a residence by
a person 65 | 19 | | years or older who has an ownership interest therein, legal,
| 20 | | equitable or as a lessee, and on which he or she is liable for | 21 | | the payment
of property taxes. Before taxable year 2004, the | 22 | | maximum reduction shall be $2,500 in counties with
3,000,000 or | 23 | | more inhabitants and $2,000 in all other counties. For taxable |
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| 1 | | years 2004 through 2005, the maximum reduction shall be $3,000 | 2 | | in all counties. For taxable years 2006 and 2007, the maximum | 3 | | reduction shall be $3,500. For taxable years 2008 through 2011, | 4 | | the maximum reduction is $4,000 in all counties.
For taxable | 5 | | year 2012, the maximum reduction is $5,000 in counties with
| 6 | | 3,000,000 or more inhabitants and $4,000 in all other counties. | 7 | | For taxable years 2013 through 2016, the maximum reduction is | 8 | | $5,000 in all counties. For taxable years 2017 and thereafter, | 9 | | the maximum reduction is $8,000 in counties with 3,000,000 or | 10 | | more inhabitants and $5,000 in all other counties. | 11 | | For land
improved with an apartment building owned and | 12 | | operated as a cooperative, the maximum reduction from the value | 13 | | of the property, as
equalized
by the Department, shall be | 14 | | multiplied by the number of apartments or units
occupied by a | 15 | | person 65 years of age or older who is liable, by contract with
| 16 | | the owner or owners of record, for paying property taxes on the | 17 | | property and
is an owner of record of a legal or equitable | 18 | | interest in the cooperative
apartment building, other than a | 19 | | leasehold interest. For land improved with
a life care | 20 | | facility, the maximum reduction from the value of the property, | 21 | | as
equalized by the Department, shall be multiplied by the | 22 | | number of apartments or
units occupied by persons 65 years of | 23 | | age or older, irrespective of any legal,
equitable, or | 24 | | leasehold interest in the facility, who are liable, under a
| 25 | | contract with the owner or owners of record of the facility, | 26 | | for paying
property taxes on the property. In a
cooperative or |
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| 1 | | a life care facility where a
homestead exemption has been | 2 | | granted, the cooperative association or the
management firm of | 3 | | the cooperative or facility shall credit the savings
resulting | 4 | | from that exemption only to
the apportioned tax liability of | 5 | | the owner or resident who qualified for
the exemption.
Any | 6 | | person who willfully refuses to so credit the savings shall be | 7 | | guilty of a
Class B misdemeanor. Under this Section and | 8 | | Sections 15-175, 15-176, and 15-177, "life care
facility" means | 9 | | a facility, as defined in Section 2 of the Life Care Facilities
| 10 | | Act, with which the applicant for the homestead exemption has a | 11 | | life care
contract as defined in that Act. | 12 | | When a homestead exemption has been granted under this | 13 | | Section and the person
qualifying subsequently becomes a | 14 | | resident of a facility licensed under the Assisted Living and | 15 | | Shared Housing Act, the Nursing Home Care Act, the Specialized | 16 | | Mental Health Rehabilitation Act of 2013, the ID/DD Community | 17 | | Care Act, or the MC/DD Act, the exemption shall continue so | 18 | | long as the residence
continues to be occupied by the | 19 | | qualifying person's spouse if the spouse is 65
years of age or | 20 | | older, or if the residence remains unoccupied but is still
| 21 | | owned by the person qualified for the homestead exemption. | 22 | | A person who will be 65 years of age
during the current | 23 | | assessment year
shall
be eligible to apply for the homestead | 24 | | exemption during that assessment
year.
Application shall be | 25 | | made during the application period in effect for the
county of | 26 | | his residence. |
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| 1 | | Beginning with assessment year 2003, for taxes payable in | 2 | | 2004,
property
that is first occupied as a residence after | 3 | | January 1 of any assessment year by
a person who is eligible | 4 | | for the senior citizens homestead exemption under this
Section | 5 | | must be granted a pro-rata exemption for the assessment year. | 6 | | The
amount of the pro-rata exemption is the exemption
allowed | 7 | | in the county under this Section divided by 365 and multiplied | 8 | | by the
number of days during the assessment year the property | 9 | | is occupied as a
residence by a
person eligible for the | 10 | | exemption under this Section. The chief county
assessment | 11 | | officer must adopt reasonable procedures to establish | 12 | | eligibility
for this pro-rata exemption. | 13 | | The assessor or chief county assessment officer may | 14 | | determine the eligibility
of a life care facility to receive | 15 | | the benefits provided by this Section, by
affidavit, | 16 | | application, visual inspection, questionnaire or other | 17 | | reasonable
methods in order to insure that the tax savings | 18 | | resulting from the exemption
are credited by the management | 19 | | firm to the apportioned tax liability of each
qualifying | 20 | | resident. The assessor may request reasonable proof that the
| 21 | | management firm has so credited the exemption. | 22 | | The chief county assessment officer of each county with | 23 | | less than 3,000,000
inhabitants shall provide to each person | 24 | | allowed a homestead exemption under
this Section a form to | 25 | | designate any other person to receive a
duplicate of any notice | 26 | | of delinquency in the payment of taxes assessed and
levied |
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| 1 | | under this Code on the property of the person receiving the | 2 | | exemption.
The duplicate notice shall be in addition to the | 3 | | notice required to be
provided to the person receiving the | 4 | | exemption, and shall be given in the
manner required by this | 5 | | Code. The person filing the request for the duplicate
notice | 6 | | shall pay a fee of $5 to cover administrative costs to the | 7 | | supervisor of
assessments, who shall then file the executed | 8 | | designation with the county
collector. Notwithstanding any | 9 | | other provision of this Code to the contrary,
the filing of | 10 | | such an executed designation requires the county collector to
| 11 | | provide duplicate notices as indicated by the designation. A | 12 | | designation may
be rescinded by the person who executed such | 13 | | designation at any time, in the
manner and form required by the | 14 | | chief county assessment officer. | 15 | | The assessor or chief county assessment officer may | 16 | | determine the
eligibility of residential property to receive | 17 | | the homestead exemption provided
by this Section by | 18 | | application, visual inspection, questionnaire or other
| 19 | | reasonable methods. The determination shall be made in | 20 | | accordance with
guidelines established by the Department. | 21 | | In counties with 3,000,000 or more inhabitants, beginning | 22 | | in taxable year 2010 and continuing through taxable year 2018 , | 23 | | each taxpayer who has been granted an exemption under this | 24 | | Section must reapply on an annual basis. If the taxpayer is | 25 | | required to reapply on an annual basis, the The chief county | 26 | | assessment officer shall mail the application to the taxpayer. |
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| 1 | | In counties with less than 3,000,000 inhabitants for taxable | 2 | | years prior to 2019, and in all counties for taxable year 2019 | 3 | | and thereafter , the county board may by
resolution provide that | 4 | | if a person has been granted a homestead exemption
under this | 5 | | Section, the person qualifying need not reapply for the | 6 | | exemption. | 7 | | If In counties with less than 3,000,000 inhabitants, if the | 8 | | assessor or chief
county assessment officer requires annual | 9 | | application for verification of
eligibility for an exemption | 10 | | once granted under this Section, the application
shall be | 11 | | mailed to the taxpayer. | 12 | | The assessor or chief county assessment officer shall | 13 | | notify each person
who qualifies for an exemption under this | 14 | | Section that the person may also
qualify for deferral of real | 15 | | estate taxes under the Senior Citizens Real Estate
Tax Deferral | 16 | | Act. The notice shall set forth the qualifications needed for
| 17 | | deferral of real estate taxes, the address and telephone number | 18 | | of
county collector, and a
statement that applications for | 19 | | deferral of real estate taxes may be obtained
from the county | 20 | | collector. | 21 | | In counties with 3,000,000 or more inhabitants, the | 22 | | assessor and the county recorder of deeds or county clerk shall | 23 | | establish a policy and practice for the regular exchange of | 24 | | information for the purpose of alerting the assessor whenever | 25 | | the transfer of ownership of any property receiving an | 26 | | exemption under this Section has occurred. When such a transfer |
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| 1 | | occurs, the exemption shall be cancelled by the assessor, and | 2 | | the assessor shall mail a notice to the new owner of the | 3 | | property (i) informing the new owner that the exemption has | 4 | | been cancelled and (ii) providing information pertaining to the | 5 | | rules for reapplying for the exemption if the homeowner | 6 | | qualifies. | 7 | | Notwithstanding Sections 6 and 8 of the State Mandates Act, | 8 | | no
reimbursement by the State is required for the | 9 | | implementation of any mandate
created by this Section. | 10 | | (Source: P.A. 99-180, eff. 7-29-15; 100-401, eff. 8-25-17.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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