Full Text of HB4239 97th General Assembly
HB4239enr 97TH GENERAL ASSEMBLY |
| | HB4239 Enrolled | | LRB097 15221 HLH 60321 b |
|
| 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 | | Sections 15-175 and 21-205 as follows:
| 6 | | (35 ILCS 200/15-175)
| 7 | | Sec. 15-175. General homestead exemption. | 8 | | (a) Except as provided in Sections 15-176 and 15-177, | 9 | | homestead
property is
entitled to an annual homestead exemption | 10 | | limited, except as described here
with relation to | 11 | | cooperatives, to a reduction in the equalized assessed value
of | 12 | | homestead property equal to the increase in equalized assessed | 13 | | value for the
current assessment year above the equalized | 14 | | assessed value of the property for
1977, up to the maximum | 15 | | reduction set forth below. If however, the 1977
equalized | 16 | | assessed value upon which taxes were paid is subsequently | 17 | | determined
by local assessing officials, the Property Tax | 18 | | Appeal Board, or a court to have
been excessive, the equalized | 19 | | assessed value which should have been placed on
the property | 20 | | for 1977 shall be used to determine the amount of the | 21 | | exemption.
| 22 | | (b) Except as provided in Section 15-176, the maximum | 23 | | reduction before taxable year 2004 shall be
$4,500 in counties |
| | | HB4239 Enrolled | - 2 - | LRB097 15221 HLH 60321 b |
|
| 1 | | with 3,000,000 or more
inhabitants
and $3,500 in all other | 2 | | counties. Except as provided in Sections 15-176 and 15-177, for | 3 | | taxable years 2004 through 2007, the maximum reduction shall be | 4 | | $5,000, for taxable year 2008, the maximum reduction is $5,500, | 5 | | and, for taxable years 2009 and thereafter, the maximum | 6 | | reduction is $6,000 in all counties. If a county has elected to | 7 | | subject itself to the provisions of Section 15-176 as provided | 8 | | in subsection (k) of that Section, then, for the first taxable | 9 | | year only after the provisions of Section 15-176 no longer | 10 | | apply, for owners who, for the taxable year, have not been | 11 | | granted a senior citizens assessment freeze homestead | 12 | | exemption under Section 15-172 or a long-time occupant | 13 | | homestead exemption under Section 15-177, there shall be an | 14 | | additional exemption of $5,000 for owners with a household | 15 | | income of $30,000 or less.
| 16 | | (c) In counties with fewer than 3,000,000 inhabitants, if, | 17 | | based on the most
recent assessment, the equalized assessed | 18 | | value of
the homestead property for the current assessment year | 19 | | is greater than the
equalized assessed value of the property | 20 | | for 1977, the owner of the property
shall automatically receive | 21 | | the exemption granted under this Section in an
amount equal to | 22 | | the increase over the 1977 assessment up to the maximum
| 23 | | reduction set forth in this Section.
| 24 | | (d) If in any assessment year beginning with the 2000 | 25 | | assessment year,
homestead property has a pro-rata valuation | 26 | | under
Section 9-180 resulting in an increase in the assessed |
| | | HB4239 Enrolled | - 3 - | LRB097 15221 HLH 60321 b |
|
| 1 | | valuation, a reduction
in equalized assessed valuation equal to | 2 | | the increase in equalized assessed
value of the property for | 3 | | the year of the pro-rata valuation above the
equalized assessed | 4 | | value of the property for 1977 shall be applied to the
property | 5 | | on a proportionate basis for the period the property qualified | 6 | | as
homestead property during the assessment year. The maximum | 7 | | proportionate
homestead exemption shall not exceed the maximum | 8 | | homestead exemption allowed in
the county under this Section | 9 | | divided by 365 and multiplied by the number of
days the | 10 | | property qualified as homestead property.
| 11 | | (e) The chief county assessment officer may, when | 12 | | considering whether to grant a leasehold exemption under this | 13 | | Section, require the following conditions to be met: | 14 | | (1) that a notarized application for the exemption, | 15 | | signed by both the owner and the lessee of the property, | 16 | | must be submitted each year during the application period | 17 | | in effect for the county in which the property is located; | 18 | | (2) that a copy of the lease must be filed with the | 19 | | chief county assessment officer by the owner of the | 20 | | property at the time the notarized application is | 21 | | submitted; | 22 | | (3) that the lease must expressly state that the lessee | 23 | | is liable for the payment of property taxes; and | 24 | | (4) that the lease must include the following language | 25 | | in substantially the following form: | 26 | | "Lessee shall be liable for the payment of real |
| | | HB4239 Enrolled | - 4 - | LRB097 15221 HLH 60321 b |
|
| 1 | | estate taxes with respect to the residence in | 2 | | accordance with the terms and conditions of 35 ILCS | 3 | | 200/15-175. The permanent real estate index number for | 4 | | the premises is (insert number), and, according to the | 5 | | most recent property tax bill, the current amount of | 6 | | real estate taxes associated with the premises is | 7 | | (insert amount) per year. The parties agree that the | 8 | | monthly rent set forth above shall be increased or | 9 | | decreased pro rata (effective January 1 of each | 10 | | calendar year) to reflect any increase or decrease in | 11 | | real estate taxes. Lessee shall be deemed to be | 12 | | satisfying Lessee's liability for the above mentioned | 13 | | real estate taxes with the monthly rent payments as set | 14 | | forth above (or increased or decreased as set forth | 15 | | herein)." | 16 | | In addition, if there is a change in lessee, or if the | 17 | | lessee vacates the property, then the chief county assessment | 18 | | officer may require the owner of the property to notify the | 19 | | chief county assessment officer of that change. | 20 | | This subsection (e) does not apply to leasehold interests | 21 | | in property owned by a municipality. | 22 | | (f) "Homestead property" under this Section includes | 23 | | residential property that is
occupied by its owner or owners as | 24 | | his or their principal dwelling place, or
that is a leasehold | 25 | | interest on which a single family residence is situated,
which | 26 | | is occupied as a residence by a person who has an ownership |
| | | HB4239 Enrolled | - 5 - | LRB097 15221 HLH 60321 b |
|
| 1 | | interest
therein, legal or equitable or as a lessee, and on | 2 | | which the person is
liable for the payment of property taxes. | 3 | | For land improved with
an apartment building owned and operated | 4 | | as a cooperative or a building which
is a life care facility as | 5 | | defined in Section 15-170 and considered to
be a cooperative | 6 | | under Section 15-170, the maximum reduction from the equalized
| 7 | | assessed value shall be limited to the increase in the value | 8 | | above the
equalized assessed value of the property for 1977, up | 9 | | to
the maximum reduction set forth above, multiplied by the | 10 | | number of apartments
or units occupied by a person or persons | 11 | | who is liable, by contract with the
owner or owners of record, | 12 | | for paying property taxes on the property and is an
owner of | 13 | | record of a legal or equitable interest in the cooperative
| 14 | | apartment building, other than a leasehold interest. For | 15 | | purposes of this
Section, the term "life care facility" has the | 16 | | meaning stated in Section
15-170.
| 17 | | "Household", as used in this Section,
means the owner, the | 18 | | spouse of the owner, and all persons using
the
residence of the | 19 | | owner as their principal place of residence.
| 20 | | "Household income", as used in this Section,
means the | 21 | | combined income of the members of a household
for the calendar | 22 | | year preceding the taxable year.
| 23 | | "Income", as used in this Section,
has the same meaning as | 24 | | provided in Section 3.07 of the Senior
Citizens
and Disabled | 25 | | Persons Property Tax Relief and Pharmaceutical Assistance Act,
| 26 | | except that
"income" does not include veteran's benefits.
|
| | | HB4239 Enrolled | - 6 - | LRB097 15221 HLH 60321 b |
|
| 1 | | (g) In a cooperative where a homestead exemption has been | 2 | | granted, the
cooperative association or its management firm | 3 | | shall credit the savings
resulting from that exemption only to | 4 | | the apportioned tax liability of the
owner who qualified for | 5 | | the exemption. Any person who willfully refuses to so
credit | 6 | | the savings shall be guilty of a Class B misdemeanor.
| 7 | | (h) Where married persons maintain and reside in separate | 8 | | residences qualifying
as homestead property, each residence | 9 | | shall receive 50% of the total reduction
in equalized assessed | 10 | | valuation provided by this Section.
| 11 | | (i) In all counties, the assessor
or chief county | 12 | | assessment officer may determine the
eligibility of | 13 | | residential property to receive the homestead exemption and the | 14 | | amount of the exemption by
application, visual inspection, | 15 | | questionnaire or other reasonable methods. The
determination | 16 | | shall be made in accordance with guidelines established by the
| 17 | | Department, provided that the taxpayer applying for an | 18 | | additional general exemption under this Section shall submit to | 19 | | the chief county assessment officer an application with an | 20 | | affidavit of the applicant's total household income, age, | 21 | | marital status (and, if married, the name and address of the | 22 | | applicant's spouse, if known), and principal dwelling place of | 23 | | members of the household on January 1 of the taxable year. The | 24 | | Department shall issue guidelines establishing a method for | 25 | | verifying the accuracy of the affidavits filed by applicants | 26 | | under this paragraph. The applications shall be clearly marked |
| | | HB4239 Enrolled | - 7 - | LRB097 15221 HLH 60321 b |
|
| 1 | | as applications for the Additional General Homestead | 2 | | Exemption.
| 3 | | (j) In counties with fewer than 3,000,000 inhabitants, in | 4 | | the event of a sale
of
homestead property the homestead | 5 | | exemption shall remain in effect for the
remainder of the | 6 | | assessment year of the sale. The assessor or chief county
| 7 | | assessment officer may require the new
owner of the property to | 8 | | apply for the homestead exemption for the following
assessment | 9 | | year.
| 10 | | (k) Notwithstanding Sections 6 and 8 of the State Mandates | 11 | | Act, no reimbursement by the State is required for the | 12 | | implementation of any mandate created by this Section.
| 13 | | (Source: P.A. 95-644, eff. 10-12-07.)
| 14 | | (35 ILCS 200/21-205)
| 15 | | (Text of Section before amendment by P.A. 97-557 )
| 16 | | Sec. 21-205. Tax sale procedures. The collector, in person | 17 | | or by deputy,
shall attend, on the day and in the place | 18 | | specified in the notice for the sale
of property for taxes, and | 19 | | shall, between 9:00 a.m. and 4:00 p.m., or later at
the | 20 | | collector's discretion, proceed to offer for sale, separately | 21 | | and in
consecutive order, all property in the list on which the | 22 | | taxes, special
assessments, interest or costs have not been | 23 | | paid. However, in any county with
3,000,000 or more | 24 | | inhabitants, the offer for sale shall be made between 8:00
a.m. | 25 | | and 8:00 p.m. The collector's office shall be kept open during |
| | | HB4239 Enrolled | - 8 - | LRB097 15221 HLH 60321 b |
|
| 1 | | all hours
in which the sale is in progress. The sale shall be | 2 | | continued from day to day,
until all property in the delinquent | 3 | | list has been offered for sale. However,
any city, village or | 4 | | incorporated town interested in the collection of any tax
or | 5 | | special assessment, may, in default of bidders, withdraw from | 6 | | collection the
special assessment levied against any property | 7 | | by the corporate authorities of
the city, village or | 8 | | incorporated town. In case of a withdrawal, there shall be
no | 9 | | sale of that property on account of the delinquent special | 10 | | assessment
thereon.
| 11 | | In every sale of property pursuant to the provisions of | 12 | | this Code, the collector may employ any automated means that | 13 | | the collector deems appropriate, provided that bidders are | 14 | | required to personally attend the sale. The changes made by | 15 | | this amendatory Act of the 94th General Assembly are | 16 | | declarative of existing law.
| 17 | | (Source: P.A. 94-922, eff. 1-1-07.)
| 18 | | (Text of Section after amendment by P.A. 97-557 )
| 19 | | Sec. 21-205. Tax sale procedures. The collector, in person | 20 | | or by deputy,
shall attend, on the day and in the place | 21 | | specified in the notice for the sale
of property for taxes, and | 22 | | shall, between 9:00 a.m. and 4:00 p.m., or later at
the | 23 | | collector's discretion, proceed to offer for sale, separately | 24 | | and in
consecutive order, all property in the list on which the | 25 | | taxes, special
assessments, interest or costs have not been |
| | | HB4239 Enrolled | - 9 - | LRB097 15221 HLH 60321 b |
|
| 1 | | paid. However, in any county with
3,000,000 or more | 2 | | inhabitants, the offer for sale shall be made between 8:00
a.m. | 3 | | and 8:00 p.m. The collector's office shall be kept open during | 4 | | all hours
in which the sale is in progress. The sale shall be | 5 | | continued from day to day,
until all property in the delinquent | 6 | | list has been offered for sale. However,
any city, village or | 7 | | incorporated town interested in the collection of any tax
or | 8 | | special assessment, may, in default of bidders, withdraw from | 9 | | collection the
special assessment levied against any property | 10 | | by the corporate authorities of
the city, village or | 11 | | incorporated town. In case of a withdrawal, there shall be
no | 12 | | sale of that property on account of the delinquent special | 13 | | assessment
thereon.
| 14 | | Until January 1, 2013 the effective date of this amendatory | 15 | | Act of the 97th General Assembly , in every sale of property | 16 | | pursuant to the provisions of this Code, the collector may | 17 | | employ any automated means that the collector deems | 18 | | appropriate. Beginning on January 1, 2013 the effective date of | 19 | | this amendatory Act of the 97th General Assembly , either (i) | 20 | | the collector shall employ an automated bidding system that is | 21 | | programmed to accept the lowest redemption price bid by an | 22 | | eligible tax purchaser, subject to the penalty percentage | 23 | | limitation set forth in Section 21-215, or (ii) all tax sales | 24 | | shall be digitally recorded with video and audio. All bidders | 25 | | are required to personally attend the sale and, if automated | 26 | | means are used, all hardware and software used with respect to |
| | | HB4239 Enrolled | - 10 - | LRB097 15221 HLH 60321 b |
|
| 1 | | those automated means must be certified by the Department and | 2 | | re-certified by the Department every 5 years. If the tax sales | 3 | | are digitally recorded and no automated bidding system is used, | 4 | | then the recordings shall be maintained by the collector for a | 5 | | period of at least 3 years from the date of the tax sale. The | 6 | | changes made by this amendatory Act of the 94th General | 7 | | Assembly are declarative of existing law.
| 8 | | (Source: P.A. 97-557, eff. 7-1-12.)
| 9 | | Section 95. No acceleration or delay. Where this Act makes | 10 | | changes in a statute that is represented in this Act by text | 11 | | that is not yet or no longer in effect (for example, a Section | 12 | | represented by multiple versions), the use of that text does | 13 | | not accelerate or delay the taking effect of (i) the changes | 14 | | made by this Act or (ii) provisions derived from any other | 15 | | Public Act.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
|
|