Full Text of SB0477 95th General Assembly
SB0477 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0477
Introduced 2/8/2007, by Sen. Matt Murphy SYNOPSIS AS INTRODUCED: |
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Amends the Property Tax Code. In a Section concerning the Senior Citizens Homestead Exemption, provides that in all counties (now, in counties with less than 3,000,000 inhabitants), the county board may by
resolution provide that if a person has been granted a homestead exemption
under this Section, the person qualifying need not reapply for the exemption.
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FISCAL NOTE ACT MAY APPLY | |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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SB0477 |
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LRB095 06842 BDD 26960 b |
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| AN ACT concerning revenue.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Property Tax Code is amended by changing | 5 |
| Section 15-170 as follows:
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| (35 ILCS 200/15-170)
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| Sec. 15-170. Senior Citizens Homestead Exemption. An | 8 |
| annual homestead
exemption limited, except as described here | 9 |
| with relation to cooperatives or
life care facilities, to a
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| maximum reduction set forth below from the property's value, as | 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
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| 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,
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| 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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LRB095 06842 BDD 26960 b |
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| years 2004 through 2005, the maximum reduction shall be $3,000 | 2 |
| in all counties. For taxable years 2006 and thereafter, the | 3 |
| maximum reduction shall be $3,500 in all counties.
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| For land
improved with an apartment building owned and | 5 |
| operated as a cooperative, the maximum reduction from the value | 6 |
| of the property, as
equalized
by the Department, shall be | 7 |
| multiplied by the number of apartments or units
occupied by a | 8 |
| person 65 years of age or older who is liable, by contract with
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| the owner 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 a | 12 |
| leasehold interest. For land improved with
a life care | 13 |
| facility, the maximum reduction from the value of the property, | 14 |
| as
equalized by the Department, shall be multiplied by the | 15 |
| number of apartments or
units occupied by persons 65 years of | 16 |
| age or older, irrespective of any legal,
equitable, or | 17 |
| leasehold interest in the facility, who are liable, under a
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| contract with the owner or owners of record of the facility, | 19 |
| for paying
property taxes on the property. In a
cooperative or | 20 |
| a life care facility where a
homestead exemption has been | 21 |
| granted, the cooperative association or the
management firm of | 22 |
| the cooperative or facility shall credit the savings
resulting | 23 |
| from that exemption only to
the apportioned tax liability of | 24 |
| the owner or resident who qualified for
the exemption.
Any | 25 |
| person who willfully refuses to so credit the savings shall be | 26 |
| guilty of a
Class B misdemeanor. Under this Section and |
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SB0477 |
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| Sections 15-175 and 15-176, "life care
facility" means a | 2 |
| facility as defined in Section 2 of the Life Care Facilities
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| Act, with which the applicant for the homestead exemption has a | 4 |
| life care
contract as defined in that Act.
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| When a homestead exemption has been granted under this | 6 |
| Section and the person
qualifying subsequently becomes a | 7 |
| resident of a facility licensed under the
Nursing Home Care | 8 |
| Act, the exemption shall continue so long as the residence
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| continues to be occupied by the qualifying person's spouse if | 10 |
| the spouse is 65
years of age or older, or if the residence | 11 |
| remains unoccupied but is still
owned by the person qualified | 12 |
| for the homestead exemption.
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| A person who will be 65 years of age
during the current | 14 |
| assessment year
shall
be eligible to apply for the homestead | 15 |
| exemption during that assessment
year.
Application shall be | 16 |
| made during the application period in effect for the
county of | 17 |
| his residence.
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| Beginning with assessment year 2003, for taxes payable in | 19 |
| 2004,
property
that is first occupied as a residence after | 20 |
| January 1 of any assessment year by
a person who is eligible | 21 |
| for the senior citizens homestead exemption under this
Section | 22 |
| must be granted a pro-rata exemption for the assessment year. | 23 |
| The
amount of the pro-rata exemption is the exemption
allowed | 24 |
| in the county under this Section divided by 365 and multiplied | 25 |
| by the
number of days during the assessment year the property | 26 |
| is occupied as a
residence by a
person eligible for the |
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SB0477 |
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LRB095 06842 BDD 26960 b |
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| exemption under this Section. The chief county
assessment | 2 |
| officer must adopt reasonable procedures to establish | 3 |
| eligibility
for this pro-rata exemption.
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| The assessor or chief county assessment officer may | 5 |
| determine the eligibility
of a life care facility to receive | 6 |
| the benefits provided by this Section, by
affidavit, | 7 |
| application, visual inspection, questionnaire or other | 8 |
| reasonable
methods in order to insure that the tax savings | 9 |
| resulting from the exemption
are credited by the management | 10 |
| firm to the apportioned tax liability of each
qualifying | 11 |
| resident. The assessor may request reasonable proof that the
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| management firm has so credited the exemption.
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| The chief county assessment officer of each county with | 14 |
| less than 3,000,000
inhabitants shall provide to each person | 15 |
| allowed a homestead exemption under
this Section a form to | 16 |
| designate any other person to receive a
duplicate of any notice | 17 |
| of delinquency in the payment of taxes assessed and
levied | 18 |
| under this Code on the property of the person receiving the | 19 |
| exemption.
The duplicate notice shall be in addition to the | 20 |
| notice required to be
provided to the person receiving the | 21 |
| exemption, and shall be given in the
manner required by this | 22 |
| Code. The person filing the request for the duplicate
notice | 23 |
| shall pay a fee of $5 to cover administrative costs to the | 24 |
| supervisor of
assessments, who shall then file the executed | 25 |
| designation with the county
collector. Notwithstanding any | 26 |
| other provision of this Code to the contrary,
the filing of |
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| such an executed designation requires the county collector to
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| provide duplicate notices as indicated by the designation. A | 3 |
| designation may
be rescinded by the person who executed such | 4 |
| designation at any time, in the
manner and form required by the | 5 |
| chief county assessment officer.
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| 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
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| reasonable methods. The determination shall be made in | 11 |
| accordance with
guidelines established by the Department.
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| In all counties with less than 3,000,000 inhabitants , the | 13 |
| county board may by
resolution provide that if a person has | 14 |
| been granted a homestead exemption
under this Section, the | 15 |
| person qualifying need not reapply for the exemption.
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| 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.
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| The assessor or chief county assessment officer shall | 22 |
| notify each person
who qualifies for an exemption under this | 23 |
| Section that the person may also
qualify for deferral of real | 24 |
| estate taxes under the Senior Citizens Real Estate
Tax Deferral | 25 |
| Act. The notice shall set forth the qualifications needed for
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| deferral of real estate taxes, the address and telephone number |
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| of
county collector, and a
statement that applications for | 2 |
| deferral of real estate taxes may be obtained
from the county | 3 |
| collector.
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| Notwithstanding Sections 6 and 8 of the State Mandates Act, | 5 |
| no
reimbursement by the State is required for the | 6 |
| implementation of any mandate
created by this Section.
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| (Source: P.A. 93-511, eff. 8-11-03; 93-715, eff. 7-12-04; | 8 |
| 94-794, eff. 5-22-06.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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