Full Text of HB0546 094th General Assembly
HB0546 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0546
Introduced 1/27/2005, by Rep. William B. Black SYNOPSIS AS INTRODUCED: |
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20 ILCS 620/6 |
from Ch. 67 1/2, par. 1006 |
35 ILCS 200/15-10 |
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35 ILCS 200/15-167 new |
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35 ILCS 200/20-178 |
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35 ILCS 200/21-135 |
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55 ILCS 85/6 |
from Ch. 34, par. 7006 |
55 ILCS 90/45 |
from Ch. 34, par. 8045 |
65 ILCS 5/11-74.4-8 |
from Ch. 24, par. 11-74.4-8 |
65 ILCS 5/11-74.4-9 |
from Ch. 24, par. 11-74.4-9 |
65 ILCS 5/11-74.6-40 |
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65 ILCS 110/45 |
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720 ILCS 5/17A-1 |
from Ch. 38, par. 17A-1 |
30 ILCS 805/8.29 new |
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Amends the Property Tax Code. Awards a homestead exemption in the amount of
$5,000 to disabled persons who meet certain requirements, including having an
adjusted
gross income of less than $16,000. Makes corresponding changes to
cross-references in
the provisions concerning certification, certificate of errors, and delinquency
notices.
Amends the Economic Development Area Tax Increment Allocation Act, the County
Economic Development Project Area Property Tax Allocation Act, the County
Economic
Development Project Area Tax Increment Allocation Act of 1991, the Economic
Development Project Area Tax Increment Allocation Act of 1995, and the
Tax Increment
Allocation Redevelopment Act and the Industrial Jobs Recovery Law of the
Illinois Municipal Code. Deducts the exemption from assessed value
calculations for
entities that have adopted tax increment allocation financing under these
provisions.
Amends the
Criminal Code of 1961 to provide that an individual under a deportation order
is ineligible for the disabled persons homestead exemption. Preempts home
rule.
Amends the State Mandates Act to require implementation without reimbursement.
Effective immediately.
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FISCAL NOTE ACT MAY APPLY |
HOME RULE NOTE ACT MAY APPLY |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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A BILL FOR
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HB0546 |
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LRB094 06730 BDD 36829 b |
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| AN ACT concerning disabled persons.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Economic Development Area Tax Increment | 5 |
| Allocation Act is
amended by changing Section 6 as follows:
| 6 |
| (20 ILCS 620/6)
(from Ch. 67 1/2, par. 1006)
| 7 |
| Sec. 6. Filing with county clerk; certification of initial | 8 |
| equalized
assessed value.
| 9 |
| (a) The municipality shall file a certified copy of any | 10 |
| ordinance
authorizing tax increment allocation financing for | 11 |
| an economic development
project area with the county clerk, and | 12 |
| the county clerk shall immediately
thereafter determine (1) the | 13 |
| most recently ascertained equalized assessed
value of each lot, | 14 |
| block, tract or parcel of real property within the economic
| 15 |
| development project area from which shall be deducted the | 16 |
| homestead exemptions
provided by Sections 15-167, 15-170, | 17 |
| 15-175, and 15-176 of the Property
Tax Code, which value
shall | 18 |
| be the "initial equalized assessed value" of each such piece of | 19 |
| property,
and (2) the total equalized assessed value of all | 20 |
| taxable real property within
the economic development project | 21 |
| area by adding together the most recently
ascertained equalized | 22 |
| assessed value of each taxable lot, block, tract, or
parcel of | 23 |
| real property within such economic development project area, | 24 |
| from
which shall be deducted the homestead exemptions provided | 25 |
| by Sections
15-167, 15-170, 15-175, and 15-176 of the Property | 26 |
| Tax Code, and shall certify such
amount as the
"total initial | 27 |
| equalized assessed value" of the taxable real property within
| 28 |
| the economic development project area.
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| (b) After the county clerk has certified the "total initial | 30 |
| equalized
assessed value" of the taxable real property in the | 31 |
| economic development
project area, then in respect to every | 32 |
| taxing district containing an
economic development project |
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| area, the county clerk or any other official
required by law to | 2 |
| ascertain the amount of the equalized assessed value of
all | 3 |
| taxable property within that taxing district for the purpose of
| 4 |
| computing the rate per cent of tax to be extended upon taxable | 5 |
| property
within that taxing district, shall in every year that | 6 |
| tax increment
allocation financing is in effect ascertain the | 7 |
| amount of value of taxable
property in an economic development | 8 |
| project area by including in that
amount the lower of the | 9 |
| current equalized assessed value or the certified
"total | 10 |
| initial equalized assessed value" of all taxable real property | 11 |
| in
such area. The rate per cent of tax determined shall be | 12 |
| extended to the current
equalized assessed value of all | 13 |
| property in the economic development project
area in the same | 14 |
| manner as the rate per cent of tax is extended to all other
| 15 |
| taxable property in the taxing district. The method of | 16 |
| allocating taxes
established under this Section shall | 17 |
| terminate when the municipality adopts an
ordinance dissolving | 18 |
| the special tax allocation fund for the economic
development | 19 |
| project area, terminating the economic development project | 20 |
| area,
and terminating the use of tax increment allocation | 21 |
| financing for the economic
development project area. This Act | 22 |
| shall not be construed as relieving
property owners within an | 23 |
| economic development project area from paying a
uniform rate of | 24 |
| taxes upon the current equalized assessed value of their
| 25 |
| taxable property as provided in the Property Tax Code.
| 26 |
| (Source: P.A. 93-715, eff. 7-12-04.)
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| Section 10. The Property Tax Code is amended by changing | 28 |
| Sections
15-10, 20-178, and 21-135 and adding Section 15-167 as | 29 |
| follows:
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| (35 ILCS 200/15-10)
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| Sec. 15-10. Exempt property; procedures for certification. | 32 |
| All property
granted an exemption by the Department pursuant to | 33 |
| the requirements of
Section 15-5 and
described in the Sections | 34 |
| following Section 15-30 and preceding Section 16-5,
to the |
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| extent therein limited, is exempt from taxation.
In order to | 2 |
| maintain that exempt status, the titleholder or the owner of | 3 |
| the
beneficial interest of any property
that
is exempt must | 4 |
| file with the chief county assessment
officer, on or before | 5 |
| January 31 of each year (May 31 in the case of property
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| exempted by Section 15-167 or 15-170), an affidavit stating | 7 |
| whether there has been any
change in the ownership or use of | 8 |
| the property or the status of the
owner-resident, or that a | 9 |
| disabled veteran who qualifies under Section 15-165
owned and | 10 |
| used the property as of January 1 of that year.
The nature of | 11 |
| any
change shall be stated in the affidavit. Failure to file an | 12 |
| affidavit shall,
in the discretion of the assessment officer, | 13 |
| constitute cause to terminate the
exemption of that property, | 14 |
| notwithstanding any other provision of this Code.
Owners of 5 | 15 |
| or more such exempt parcels within a county may file a single
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| annual affidavit in lieu of an affidavit for each parcel. The | 17 |
| assessment
officer, upon request, shall furnish an affidavit | 18 |
| form to the owners, in which
the owner may state whether there | 19 |
| has been any change in the ownership or use
of the property or | 20 |
| status of the owner or resident as of January 1 of that
year. | 21 |
| The owner of 5 or more exempt parcels shall list all the | 22 |
| properties
giving the same information for each parcel as | 23 |
| required of owners who file
individual affidavits.
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| However, titleholders or owners of the beneficial interest | 25 |
| in any property
exempted under any of the following provisions | 26 |
| are not required to
submit an annual filing under this Section:
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| (1) Section 15-45 (burial grounds) in counties of less | 28 |
| than 3,000,000
inhabitants and owned by a not-for-profit
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| organization.
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| (2) Section 15-40.
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| (3) Section 15-50 (United States property).
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| If there is a change in use or ownership, however, notice | 33 |
| must be filed
pursuant to Section 15-20.
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| An application for homestead exemptions shall be filed as | 35 |
| provided in
Section 15-167 (disabled persons homestead | 36 |
| exemption), Section 15-170 (senior citizens homestead |
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| exemption), Section 15-172 (senior
citizens assessment freeze | 2 |
| homestead exemption), and Sections
15-175 and 15-176
(general
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| homestead exemption), respectively.
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| (Source: P.A. 92-333, eff. 8-10-01; 92-729, eff. 7-25-02; | 5 |
| 93-715, eff. 7-12-04.)
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| (35 ILCS 200/15-167 new)
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| Sec. 15-167. Disabled persons homestead exemption.
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| (a) Beginning with the assessment for the 2005 tax year, an | 9 |
| annual homestead
exemption is granted to disabled persons in | 10 |
| the amount of $5,000, except as
provided in subsection (c), to | 11 |
| be deducted from the property's
value as equalized or assessed | 12 |
| by the Department of Revenue. The disabled
person shall receive | 13 |
| the homestead exemption upon meeting the following
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| requirements:
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| (1) The property must be occupied as a residence by the | 16 |
| disabled person.
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| (2) The disabled person's adjusted gross income must be | 18 |
| less than $16,000
as reported for income tax purposes under | 19 |
| the United States Internal Revenue
Code.
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| (3) The disabled person must be liable for paying the | 21 |
| real estate taxes on
the property.
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| (4) The disabled person must be an owner of record of | 23 |
| the property or
have a legal or equitable interest in the | 24 |
| property as evidenced by a written
instrument. In the case | 25 |
| of a leasehold interest in property, the lease must be
for | 26 |
| a
single family residence.
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| A person who is disabled during the current assessment year | 28 |
| is eligible
to
apply for this homestead exemption during that | 29 |
| assessment year. Application
must be
made during the | 30 |
| application period in effect for the county of residence. If a
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| homestead
exemption has been granted under this Section and the | 32 |
| person awarded the
exemption
subsequently becomes a resident of | 33 |
| a facility licensed under the Nursing Home
Care Act,
then the | 34 |
| exemption shall continue (i) so long as the residence continues | 35 |
| to be
occupied by
the qualifying person's spouse or (ii) if the |
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| residence remains unoccupied but
is still
owned by the person | 2 |
| qualified for the homestead exemption.
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| (b) For the purposes of this Section, "disabled person" | 4 |
| means a person
unable to
engage in any substantial gainful | 5 |
| activity by reason of a medically
determinable physical
or | 6 |
| mental impairment that (i) can be expected to result in death | 7 |
| or (ii) has
lasted or can be
expected to last for a continuous | 8 |
| period of not less than 12 months. Disabled
persons
applying | 9 |
| for the exemption under this Section must submit proof of the
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| disability in the
manner prescribed by the chief county | 11 |
| assessment officer. Proof that an
applicant is
eligible to | 12 |
| receive disability benefits under the federal Social Security | 13 |
| Act
constitutes
proof of disability for purposes of this | 14 |
| Section. Issuance of an Illinois
Disabled Person
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| Identification Card to the applicant stating that the possessor | 16 |
| is under a
Class 2 disability,
as defined in Section 4A of the | 17 |
| Illinois Identification Card Act, constitutes
proof that the
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| person is a disabled person for purposes of this Section. A | 19 |
| disabled person
not covered
under the federal Social Security | 20 |
| Act and not presenting a Disabled Person
Identification
Card | 21 |
| stating that the claimant is under a Class 2 disability shall | 22 |
| be examined
by a
physician designated by the chief county | 23 |
| assessment officer, and the status as
a disabled
person shall | 24 |
| be determined using the standards of the Social Security
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| Administration. The
applicant shall pay the costs of any | 26 |
| required examination.
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| (c) For land improved with (i) an apartment building owned | 28 |
| and operated as a
cooperative or (ii) a life care facility as | 29 |
| defined under Section 2 of the Life
Care Facilities
Act that is | 30 |
| considered to be a cooperative, the maximum reduction from the
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| value of the
property, as equalized or assessed by the | 32 |
| Department, shall be multiplied by
the number
of apartments or | 33 |
| units occupied by a disabled person. The disabled person shall
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| receive the homestead
exemption upon meeting the following | 35 |
| requirements:
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| (1) The property must be occupied as a residence by the |
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| disabled person.
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| (2) The disabled person's adjusted gross income must be | 3 |
| less than $16,000
as reported for income tax purposes under | 4 |
| the United States Internal Revenue
Code.
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| (3) The disabled person must be liable by contract with | 6 |
| the owner or
owners of record for paying the apportioned | 7 |
| property taxes on the property of
the
cooperative or life | 8 |
| care facility. In the case of a life care facility, the
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| disabled
person must be liable for paying the apportioned | 10 |
| property taxes under a life
care
contract as defined in | 11 |
| Section 2 of the Life Care Facilities Act.
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| (4) The disabled person must be an owner of record of a | 13 |
| legal or equitable
interest in the cooperative apartment | 14 |
| building. A leasehold interest does not
meet
this | 15 |
| requirement.
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| If a homestead exemption is granted under this subsection, the | 17 |
| cooperative
association or
management firm shall credit the | 18 |
| savings resulting from the exemption to the
apportioned
tax | 19 |
| liability of the qualifying disabled person. The chief county | 20 |
| assessment
officer may
request reasonable proof that the | 21 |
| association or firm has properly credited the
exemption.
A | 22 |
| person who willfully refuses to credit an exemption to the | 23 |
| qualified disabled
person is
guilty of a Class B misdemeanor.
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| (d) The chief county assessment officer shall determine the | 25 |
| eligibility of
property
to receive the homestead exemption | 26 |
| according to guidelines established by the
Department. After a | 27 |
| person has received an exemption under this Section, an
annual
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| verification of eligibility for the exemption shall be mailed | 29 |
| to the taxpayer.
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| The chief county assessment officer shall provide to each | 31 |
| person granted a
homestead exemption under this Section a form | 32 |
| to designate any other person to
receive a
duplicate of any | 33 |
| notice of delinquency in the payment of taxes assessed and
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| levied under
this Code on the person's qualifying property. The | 35 |
| duplicate notice shall be
in addition to
the notice required to | 36 |
| be provided to the person receiving the exemption and
shall be
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| given in the manner required by this Code. The person filing | 2 |
| the request for
the duplicate
notice shall pay an | 3 |
| administrative fee of $5 to the chief county assessment
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| officer. The
assessment officer shall then file the executed | 5 |
| designation with the county
collector, who
shall issue the | 6 |
| duplicate notices as indicated by the designation. A
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| designation may be
rescinded by the disabled person in the | 8 |
| manner required by the chief county
assessment
officer.
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| (e) This Section is a denial and limitation of home rule | 10 |
| powers and
functions
under subsection (g) of Section 6 of | 11 |
| Article VII of the Illinois
Constitution.
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| (35 ILCS 200/20-178)
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| Sec. 20-178. Certificate of error; refund; interest. When | 14 |
| the county
collector
makes any refunds
due on certificates of | 15 |
| error issued under Sections 14-15 through 14-25
that have been | 16 |
| either
certified or adjudicated, the county collector shall pay | 17 |
| the taxpayer interest
on the amount of the refund
at the rate | 18 |
| of 0.5% per month.
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| No interest shall be due under this Section for any time | 20 |
| prior to 60 days
after
the effective date of
this amendatory | 21 |
| Act of the 91st General Assembly. For certificates of error
| 22 |
| issued prior to
the
effective date of this amendatory
Act of | 23 |
| the 91st General Assembly, the county collector shall
pay the | 24 |
| taxpayer interest from 60 days after the effective date of this
| 25 |
| amendatory Act of the 91st General Assembly
until the date the | 26 |
| refund is
paid. For certificates of error issued on or after | 27 |
| the effective date of this
amendatory Act of the 91st General | 28 |
| Assembly,
interest shall be paid from 60
days after the | 29 |
| certificate of error is issued by the chief county assessment
| 30 |
| officer to the
date the refund is made.
To cover the cost of | 31 |
| interest, the county collector shall proportionately
reduce | 32 |
| the distribution of
taxes collected for each taxing district in | 33 |
| which the property is situated.
| 34 |
| This Section shall not apply to any certificate of error | 35 |
| granting a homestead
exemption under
Section 15-167, 15-170, |
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| 15-172,
15-175, or 15-176.
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| (Source: P.A. 93-715, eff. 7-12-04.)
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| (35 ILCS 200/21-135)
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| Sec. 21-135. Mailed notice of application for judgment and | 5 |
| sale. Not less
than 15 days before the date of application for | 6 |
| judgment and sale of delinquent
properties, the county | 7 |
| collector shall mail, by registered or certified mail, a
notice | 8 |
| of the forthcoming application for judgment and sale to the | 9 |
| person shown
by the current collector's warrant book to be the | 10 |
| party in whose name the taxes
were last assessed or to the | 11 |
| current owner of record and, if applicable, to the party | 12 |
| specified under Section
15-167 or 15-170. The notice shall | 13 |
| include the intended dates of application for judgment
and sale | 14 |
| and commencement of the sale, and a description of the | 15 |
| properties. The
county collector must present proof of the | 16 |
| mailing to the court along with the
application for judgement.
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| In counties with less than 3,000,000 inhabitants, a copy of | 18 |
| this notice shall
also be mailed by the county collector by | 19 |
| registered or certified mail to any
lienholder of record who | 20 |
| annually requests a copy of the notice. The failure of
the | 21 |
| county collector to mail a notice or its non-delivery to the | 22 |
| lienholder
shall not affect the validity of the judgment.
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| In counties with 3,000,000 or more inhabitants, notice | 24 |
| shall not be mailed to
any person when, under Section 14-15, a | 25 |
| certificate of error has been executed
by the county assessor | 26 |
| or by both the
county assessor and board of
appeals (until the | 27 |
| first Monday in December 1998 and the board of
review
beginning
| 28 |
| the first Monday in December 1998 and thereafter),
except as | 29 |
| provided by court order under Section 21-120.
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| The collector shall collect $10 from the proceeds of each | 31 |
| sale to cover
the costs of registered or certified mailing and | 32 |
| the costs of advertisement
and publication.
If a taxpayer pays | 33 |
| the taxes on the property after the notice of the
forthcoming | 34 |
| application for judgment and sale is mailed but before the sale | 35 |
| is
made, then the collector shall collect $10 from the taxpayer |
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| to cover the costs
of registered or certified mailing and the | 2 |
| costs of advertisement and
publication.
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| (Source: P.A. 93-899, eff. 8-10-04.)
| 4 |
| Section 15. The County Economic Development Project Area | 5 |
| Property
Tax Allocation Act is amended by changing Section 6 as | 6 |
| follows:
| 7 |
| (55 ILCS 85/6)
(from Ch. 34, par. 7006)
| 8 |
| Sec. 6. Filing with county clerk; certification of initial | 9 |
| equalized
assessed value.
| 10 |
| (a) The county shall file a certified copy of any ordinance
| 11 |
| authorizing property tax allocation financing for an economic | 12 |
| development
project area with the county clerk, and the county | 13 |
| clerk shall immediately
thereafter determine (1) the most | 14 |
| recently ascertained equalized assessed
value of each lot, | 15 |
| block, tract or parcel of real property within the
economic | 16 |
| development project area from which shall be deducted the
| 17 |
| homestead exemptions provided by Sections 15-167, 15-170, | 18 |
| 15-175, and
15-176 of the Property
Tax Code, which value shall | 19 |
| be the "initial equalized assessed value" of each
such piece of | 20 |
| property, and (2) the total equalized assessed value of all
| 21 |
| taxable real property within the economic development project | 22 |
| area by adding
together the most recently ascertained equalized | 23 |
| assessed value of each taxable
lot, block, tract, or parcel of | 24 |
| real property within such economic development
project area, | 25 |
| from which shall be deducted the homestead exemptions provided | 26 |
| by
Sections 15-167, 15-170, 15-175, and 15-176 of the Property | 27 |
| Tax Code.
Upon receiving written
notice from the Department of | 28 |
| its approval
and certification of such economic development | 29 |
| project area, the county clerk
shall immediately certify such | 30 |
| amount as the "total initial equalized assessed
value" of the | 31 |
| taxable property within the economic development project area.
| 32 |
| (b) After the county clerk has certified the "total initial | 33 |
| equalized
assessed value" of the taxable real property in the | 34 |
| economic development
project area, then in respect to every |
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| taxing district containing an
economic development project | 2 |
| area, the county clerk or any other official
required by law to | 3 |
| ascertain the amount of the equalized assessed value of
all | 4 |
| taxable property within that taxing district for the purpose of
| 5 |
| computing the rate percent of tax to be extended upon taxable | 6 |
| property
within the taxing district, shall in every year that | 7 |
| property tax
allocation financing is in effect ascertain the | 8 |
| amount of value of taxable
property in an economic development | 9 |
| project area by including in that
amount the lower of the | 10 |
| current equalized assessed value or the certified
"total | 11 |
| initial equalized assessed value" of all taxable real property | 12 |
| in
such area. The rate percent of tax determined shall be | 13 |
| extended to the
current equalized assessed value of all | 14 |
| property in the economic development
project area in the same | 15 |
| manner as the rate percent of tax is extended to
all other | 16 |
| taxable property in the taxing district. The method of
| 17 |
| allocating taxes established under this Section shall | 18 |
| terminate when the
county adopts an ordinance dissolving the | 19 |
| special tax allocation fund for
the economic development | 20 |
| project area. This Act shall not be construed as
relieving | 21 |
| property owners within an economic development project area | 22 |
| from
paying a uniform rate of taxes upon the current equalized | 23 |
| assessed value of
their taxable property as provided in the | 24 |
| Property Tax Code.
| 25 |
| (Source: P.A. 93-715, eff. 7-12-04.)
| 26 |
| Section 20. The County Economic Development Project Area | 27 |
| Tax Increment
Allocation Act of 1991 is amended by changing | 28 |
| Section 45 as follows:
| 29 |
| (55 ILCS 90/45)
(from Ch. 34, par. 8045)
| 30 |
| Sec. 45. Filing with county clerk; certification of initial
| 31 |
| equalized assessed value.
| 32 |
| (a) A county that has by ordinance approved an economic | 33 |
| development plan,
established an economic development project | 34 |
| area, and adopted tax increment
allocation financing for that |
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| area shall file certified copies of the ordinance
or ordinances | 2 |
| with the county clerk. Upon receiving the ordinance or
| 3 |
| ordinances, the county clerk shall immediately determine (i) | 4 |
| the most recently
ascertained equalized assessed value of each | 5 |
| lot, block, tract, or parcel of
real property within the | 6 |
| economic development project area from which shall be
deducted | 7 |
| the homestead exemptions provided by Sections 15-167, 15-170,
| 8 |
| 15-175, and 15-176 of
the Property Tax Code (that value being | 9 |
| the "initial equalized assessed value"
of each such piece of | 10 |
| property) and (ii) the total equalized assessed value of
all | 11 |
| taxable real property within the economic development project | 12 |
| area by
adding together the most recently ascertained equalized | 13 |
| assessed value of each
taxable lot, block, tract, or parcel of | 14 |
| real property within the economic
development project area, | 15 |
| from which shall be deducted the homestead exemptions
provided | 16 |
| by Sections 15-167, 15-170, 15-175, and 15-176 of the Property | 17 |
| Tax Code, and shall
certify that amount as the "total initial | 18 |
| equalized assessed value" of the
taxable real property within | 19 |
| the economic development project area.
| 20 |
| (b) After the county clerk has certified the "total initial | 21 |
| equalized
assessed value" of the taxable real property in the | 22 |
| economic development
project area, then in respect to every | 23 |
| taxing district containing an
economic development project | 24 |
| area, the county clerk or any other official
required by law to | 25 |
| ascertain the amount of the equalized assessed value of
all | 26 |
| taxable property within the taxing district for the purpose of
| 27 |
| computing the rate per cent of tax to be extended upon taxable | 28 |
| property
within the taxing district shall, in every year that | 29 |
| tax increment
allocation financing is in effect, ascertain the | 30 |
| amount of value of taxable
property in an economic development | 31 |
| project area by including in that
amount the lower of the | 32 |
| current equalized assessed value or the certified
"total | 33 |
| initial equalized assessed value" of all taxable real property | 34 |
| in
the area. The rate per cent of tax determined shall be | 35 |
| extended to the
current equalized assessed value of all | 36 |
| property in the economic
development project area in the same |
|
|
|
HB0546 |
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| 1 |
| manner as the rate per cent of tax is
extended to all other | 2 |
| taxable property in the taxing district. The method
of | 3 |
| extending taxes established under this Section shall terminate | 4 |
| when the
county adopts an ordinance dissolving the special tax | 5 |
| allocation fund for
the economic development project area. This | 6 |
| Act shall not be construed as
relieving property owners within | 7 |
| an economic development project area from
paying a uniform rate | 8 |
| of taxes upon the current equalized assessed value of
their | 9 |
| taxable property as provided in the Property Tax Code.
| 10 |
| (Source: P.A. 93-715, eff. 7-12-04.)
| 11 |
| Section 25. The Illinois Municipal Code is amended by | 12 |
| changing Sections
11-74.4-8, 11-74.4-9, and 11-74.6-40 as | 13 |
| follows:
| 14 |
| (65 ILCS 5/11-74.4-8)
(from Ch. 24, par. 11-74.4-8)
| 15 |
| Sec. 11-74.4-8. Tax increment allocation financing. A | 16 |
| municipality may
not adopt tax increment financing in a
| 17 |
| redevelopment
project area after the effective date of this | 18 |
| amendatory Act of 1997 that will
encompass an area that is | 19 |
| currently included in an enterprise zone created
under the | 20 |
| Illinois Enterprise Zone Act unless that municipality, | 21 |
| pursuant to
Section 5.4 of the Illinois Enterprise Zone Act, | 22 |
| amends the enterprise zone
designating ordinance to limit the | 23 |
| eligibility for tax abatements as provided
in Section 5.4.1 of | 24 |
| the Illinois Enterprise Zone Act.
A municipality, at the time a | 25 |
| redevelopment project area
is designated, may adopt tax | 26 |
| increment allocation financing by passing an
ordinance | 27 |
| providing that the ad valorem taxes, if any, arising from the
| 28 |
| levies upon taxable real property in such redevelopment project
| 29 |
| area by taxing districts and tax rates determined in the manner | 30 |
| provided
in paragraph (c) of Section 11-74.4-9 each year after | 31 |
| the effective
date of the ordinance until redevelopment project | 32 |
| costs and all municipal
obligations financing redevelopment | 33 |
| project costs incurred under this Division
have been paid shall | 34 |
| be divided as follows:
|
|
|
|
HB0546 |
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|
| 1 |
| (a) That portion of taxes levied upon each taxable lot, | 2 |
| block, tract or
parcel of real property which is attributable | 3 |
| to the lower of the current
equalized assessed value or the | 4 |
| initial equalized assessed
value of each such taxable lot, | 5 |
| block, tract or parcel of real property
in the redevelopment | 6 |
| project area shall be allocated to and when collected
shall be | 7 |
| paid by the county collector to the respective affected taxing
| 8 |
| districts in the manner required by law in the absence of the | 9 |
| adoption of
tax increment allocation financing.
| 10 |
| (b) Except from a tax levied by a township to retire bonds | 11 |
| issued to satisfy
court-ordered damages, that portion, if any, | 12 |
| of such taxes which is
attributable to the
increase in the | 13 |
| current equalized assessed valuation of each taxable lot,
| 14 |
| block, tract or parcel of real property in the redevelopment | 15 |
| project area
over and above the initial equalized assessed | 16 |
| value of each property in the
project area shall be allocated | 17 |
| to and when collected shall be paid to the
municipal treasurer | 18 |
| who shall deposit said taxes into a special fund called
the | 19 |
| special tax allocation fund of the municipality for the purpose | 20 |
| of
paying redevelopment project costs and obligations incurred | 21 |
| in the payment
thereof. In any county with a population of | 22 |
| 3,000,000 or more that has adopted
a procedure for collecting | 23 |
| taxes that provides for one or more of the
installments of the | 24 |
| taxes to be billed and collected on an estimated basis,
the | 25 |
| municipal treasurer shall be paid for deposit in the special | 26 |
| tax
allocation fund of the municipality, from the taxes | 27 |
| collected from
estimated bills issued for property in the | 28 |
| redevelopment project area, the
difference between the amount | 29 |
| actually collected from each taxable lot,
block, tract, or | 30 |
| parcel of real property within the redevelopment project
area | 31 |
| and an amount determined by multiplying the rate at which taxes | 32 |
| were
last extended against the taxable lot, block, track, or | 33 |
| parcel of real
property in the manner provided in subsection | 34 |
| (c) of Section 11-74.4-9 by
the initial equalized assessed | 35 |
| value of the property divided by the number
of installments in | 36 |
| which real estate taxes are billed and collected within
the |
|
|
|
HB0546 |
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| 1 |
| county; provided that the payments on or before December 31,
| 2 |
| 1999 to a municipal treasurer shall be made only if each of the | 3 |
| following
conditions are met:
| 4 |
| (1) The total equalized assessed value of the | 5 |
| redevelopment project
area as last determined was not less | 6 |
| than 175% of the total initial
equalized assessed value.
| 7 |
| (2) Not more than 50% of the total equalized assessed | 8 |
| value of the
redevelopment project area as last determined | 9 |
| is attributable to a piece of
property assigned a single | 10 |
| real estate index number.
| 11 |
| (3) The municipal clerk has certified to the county | 12 |
| clerk that the
municipality has issued its obligations to | 13 |
| which there has been pledged
the incremental property taxes | 14 |
| of the redevelopment project area or taxes
levied and | 15 |
| collected on any or all property in the municipality or
the | 16 |
| full faith and credit of the municipality to pay or secure | 17 |
| payment for
all or a portion of the redevelopment project | 18 |
| costs. The certification
shall be filed annually no later | 19 |
| than September 1 for the estimated taxes
to be distributed | 20 |
| in the following year; however, for the year 1992 the
| 21 |
| certification shall be made at any time on or before March | 22 |
| 31, 1992.
| 23 |
| (4) The municipality has not requested that the total | 24 |
| initial
equalized assessed value of real property be | 25 |
| adjusted as provided in
subsection (b) of Section | 26 |
| 11-74.4-9.
| 27 |
| The conditions of paragraphs (1) through (4) do not apply | 28 |
| after December
31, 1999 to payments to a municipal treasurer
| 29 |
| made by a county with 3,000,000 or more inhabitants that has | 30 |
| adopted an
estimated billing procedure for collecting taxes.
If | 31 |
| a county that has adopted the estimated billing
procedure makes | 32 |
| an erroneous overpayment of tax revenue to the municipal
| 33 |
| treasurer, then the county may seek a refund of that | 34 |
| overpayment.
The county shall send the municipal treasurer a | 35 |
| notice of liability for the
overpayment on or before the | 36 |
| mailing date of the next real estate tax bill
within the |
|
|
|
HB0546 |
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LRB094 06730 BDD 36829 b |
|
| 1 |
| county. The refund shall be limited to the amount of the
| 2 |
| overpayment.
| 3 |
| It is the intent of this Division that after the effective | 4 |
| date of this
amendatory Act of 1988 a municipality's own ad | 5 |
| valorem
tax arising from levies on taxable real property be | 6 |
| included in the
determination of incremental revenue in the | 7 |
| manner provided in paragraph
(c) of Section 11-74.4-9. If the | 8 |
| municipality does not extend such a tax,
it shall annually | 9 |
| deposit in the municipality's Special Tax Increment Fund
an | 10 |
| amount equal to 10% of the total contributions to the fund from | 11 |
| all
other taxing districts in that year. The annual 10% deposit | 12 |
| required by
this paragraph shall be limited to the actual | 13 |
| amount of municipally
produced incremental tax revenues | 14 |
| available to the municipality from
taxpayers located in the | 15 |
| redevelopment project area in that year if:
(a) the plan for | 16 |
| the area restricts the use of the property primarily to
| 17 |
| industrial purposes, (b) the municipality establishing the | 18 |
| redevelopment
project area is a home-rule community with a 1990 | 19 |
| population of between
25,000 and 50,000, (c) the municipality | 20 |
| is wholly located within a county
with a 1990 population of | 21 |
| over 750,000 and (d) the redevelopment project
area was | 22 |
| established by the municipality prior to June 1, 1990. This
| 23 |
| payment shall be in lieu of a contribution of ad valorem taxes | 24 |
| on real
property. If no such payment is made, any redevelopment | 25 |
| project area of the
municipality shall be dissolved.
| 26 |
| If a municipality has adopted tax increment allocation | 27 |
| financing by ordinance
and the County Clerk thereafter | 28 |
| certifies the "total initial equalized assessed
value as | 29 |
| adjusted" of the taxable real property within such | 30 |
| redevelopment
project area in the manner provided in paragraph | 31 |
| (b) of Section 11-74.4-9,
each year after the date of the | 32 |
| certification of the total initial equalized
assessed value as | 33 |
| adjusted until redevelopment project costs and all
municipal | 34 |
| obligations financing redevelopment project costs have been | 35 |
| paid
the ad valorem taxes, if any, arising from the levies upon | 36 |
| the taxable real
property in such redevelopment project area by |
|
|
|
HB0546 |
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|
| 1 |
| taxing districts and tax
rates determined in the manner | 2 |
| provided in paragraph (c) of Section
11-74.4-9 shall be divided | 3 |
| as follows:
| 4 |
| (1) That portion of the taxes levied upon each taxable | 5 |
| lot, block, tract
or parcel of real property which is | 6 |
| attributable to the lower of the
current equalized assessed | 7 |
| value or "current equalized assessed value as
adjusted" or | 8 |
| the initial equalized assessed value of each such taxable | 9 |
| lot,
block, tract, or parcel of real property existing at | 10 |
| the time tax increment
financing was adopted, minus the | 11 |
| total current homestead exemptions
provided by Sections | 12 |
| 15-167, 15-170, 15-175, and 15-176 of the Property
Tax Code | 13 |
| in the
redevelopment project area shall be allocated to and | 14 |
| when collected shall be
paid by the county collector to the | 15 |
| respective affected taxing districts in the
manner | 16 |
| required by law in the absence of the adoption of tax | 17 |
| increment
allocation financing.
| 18 |
| (2) That portion, if any, of such taxes which is | 19 |
| attributable to the
increase in the current equalized | 20 |
| assessed valuation of each taxable lot,
block, tract, or | 21 |
| parcel of real property in the redevelopment project area,
| 22 |
| over and above the initial equalized assessed value of each | 23 |
| property
existing at the time tax increment financing was | 24 |
| adopted, minus the total
current homestead exemptions | 25 |
| pertaining to each piece of property provided
by Sections | 26 |
| 15-167, 15-170, 15-175, and 15-176 of the Property Tax Code
| 27 |
| in the redevelopment
project area, shall be allocated to | 28 |
| and when collected shall be paid to the
municipal | 29 |
| Treasurer, who shall deposit said taxes into a special fund | 30 |
| called
the special tax allocation fund of the municipality | 31 |
| for the purpose of paying
redevelopment project costs and | 32 |
| obligations incurred in the payment thereof.
| 33 |
| The municipality may pledge in the ordinance the funds in | 34 |
| and to be
deposited in the special tax allocation fund for the | 35 |
| payment of such costs
and obligations. No part of the current | 36 |
| equalized assessed valuation of
each property in the |
|
|
|
HB0546 |
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LRB094 06730 BDD 36829 b |
|
| 1 |
| redevelopment project area attributable to any
increase above | 2 |
| the total initial equalized assessed value, or the total
| 3 |
| initial equalized assessed value as adjusted, of such | 4 |
| properties shall be
used in calculating the general State | 5 |
| school aid formula, provided for in
Section 18-8 of the School | 6 |
| Code, until such time as all redevelopment
project costs have | 7 |
| been paid as provided for in this Section.
| 8 |
| Whenever a municipality issues bonds for the purpose of | 9 |
| financing
redevelopment project costs, such municipality may | 10 |
| provide by ordinance for the
appointment of a trustee, which | 11 |
| may be any trust company within the State,
and for the | 12 |
| establishment of such funds or accounts to be maintained by
| 13 |
| such trustee as the municipality shall deem necessary to | 14 |
| provide for the
security and payment of the bonds. If such | 15 |
| municipality provides for
the appointment of a trustee, such | 16 |
| trustee shall be considered the assignee
of any payments | 17 |
| assigned by the municipality pursuant to such ordinance
and | 18 |
| this Section. Any amounts paid to such trustee as assignee | 19 |
| shall be
deposited in the funds or accounts established | 20 |
| pursuant to such trust
agreement, and shall be held by such | 21 |
| trustee in trust for the benefit of the
holders of the bonds, | 22 |
| and such holders shall have a lien on and a security
interest | 23 |
| in such funds or accounts so long as the bonds remain | 24 |
| outstanding and
unpaid. Upon retirement of the bonds, the | 25 |
| trustee shall pay over any excess
amounts held to the | 26 |
| municipality for deposit in the special tax allocation
fund.
| 27 |
| When such redevelopment projects costs, including without | 28 |
| limitation all
municipal obligations financing redevelopment | 29 |
| project costs incurred under
this Division, have been paid, all | 30 |
| surplus funds then remaining in the
special tax allocation fund | 31 |
| shall be distributed
by being paid by the
municipal treasurer | 32 |
| to the Department of Revenue, the municipality and the
county | 33 |
| collector; first to the Department of Revenue and the | 34 |
| municipality
in direct proportion to the tax incremental | 35 |
| revenue received from the State
and the municipality, but not | 36 |
| to exceed the total incremental revenue received
from the State |
|
|
|
HB0546 |
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LRB094 06730 BDD 36829 b |
|
| 1 |
| or the municipality less any annual surplus distribution
of | 2 |
| incremental revenue previously made; with any remaining funds | 3 |
| to be paid
to the County Collector who shall immediately | 4 |
| thereafter pay said funds to
the taxing districts in the | 5 |
| redevelopment project area in the same manner
and proportion as | 6 |
| the most recent distribution by the county collector to
the | 7 |
| affected districts of real property taxes from real property in | 8 |
| the
redevelopment project area.
| 9 |
| Upon the payment of all redevelopment project costs, the | 10 |
| retirement of
obligations, the distribution of any excess | 11 |
| monies pursuant to this
Section, and final closing of the books | 12 |
| and records of the redevelopment
project
area, the municipality | 13 |
| shall adopt an ordinance dissolving the special
tax allocation | 14 |
| fund for the redevelopment project area and terminating the
| 15 |
| designation of the redevelopment project area as a | 16 |
| redevelopment project
area.
Title to real or personal property | 17 |
| and public improvements
acquired
by or for
the
municipality as | 18 |
| a result of the redevelopment project and plan shall vest in
| 19 |
| the
municipality when acquired and shall continue to be held by | 20 |
| the municipality
after the redevelopment project area has been | 21 |
| terminated.
Municipalities shall notify affected taxing | 22 |
| districts prior to
November 1 if the redevelopment project area | 23 |
| is to be terminated by December 31
of
that same year. If a | 24 |
| municipality extends estimated dates of completion of a
| 25 |
| redevelopment project and retirement of obligations to finance | 26 |
| a
redevelopment project, as allowed by this amendatory Act of | 27 |
| 1993, that
extension shall not extend the property tax | 28 |
| increment allocation financing
authorized by this Section. | 29 |
| Thereafter the rates of the taxing districts
shall be extended | 30 |
| and taxes levied, collected and distributed in the manner
| 31 |
| applicable in the absence of the adoption of tax increment | 32 |
| allocation
financing.
| 33 |
| Nothing in this Section shall be construed as relieving | 34 |
| property in such
redevelopment project areas from being | 35 |
| assessed as provided in the Property
Tax Code or as relieving | 36 |
| owners of such property from paying a uniform rate of
taxes, as |
|
|
|
HB0546 |
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LRB094 06730 BDD 36829 b |
|
| 1 |
| required by Section 4 of Article 9 of the Illinois | 2 |
| Constitution.
| 3 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-298, eff. 7-23-03; | 4 |
| 93-715, eff. 7-12-04.)
| 5 |
| (65 ILCS 5/11-74.4-9)
(from Ch. 24, par. 11-74.4-9)
| 6 |
| Sec. 11-74.4-9. Equalized assessed value of property.
| 7 |
| (a) If a municipality by ordinance provides for tax
| 8 |
| increment allocation financing pursuant to Section 11-74.4-8, | 9 |
| the county clerk
immediately thereafter shall determine (1) the | 10 |
| most recently ascertained
equalized assessed value of each lot, | 11 |
| block, tract or parcel of real property
within such | 12 |
| redevelopment project area from which shall be deducted the
| 13 |
| homestead exemptions provided by Sections 15-167, 15-170, | 14 |
| 15-175, and
15-176 of the Property
Tax Code, which value shall | 15 |
| be the "initial equalized assessed value" of each
such piece of | 16 |
| property, and (2) the total equalized assessed value of all
| 17 |
| taxable real property within such redevelopment project area by | 18 |
| adding together
the most recently ascertained equalized | 19 |
| assessed value of each taxable lot,
block, tract, or parcel of | 20 |
| real property within such project area, from which
shall be | 21 |
| deducted the homestead exemptions provided by Sections 15-167, | 22 |
| 15-170,
15-175, and 15-176 of the Property Tax Code, and shall | 23 |
| certify such amount
as the "total
initial equalized assessed | 24 |
| value" of the taxable real property within such
project area.
| 25 |
| (b) In reference to any municipality which has adopted tax | 26 |
| increment
financing after January 1, 1978, and in respect to | 27 |
| which the county clerk
has certified the "total initial | 28 |
| equalized assessed value" of the property
in the redevelopment | 29 |
| area, the municipality may thereafter request the clerk
in | 30 |
| writing to adjust the initial equalized value of all taxable | 31 |
| real property
within the redevelopment project area by | 32 |
| deducting therefrom the exemptions
provided for by Sections | 33 |
| 15-167, 15-170, 15-175, and 15-176 of the
Property Tax Code | 34 |
| applicable
to each lot, block, tract or parcel of real property | 35 |
| within such redevelopment
project area. The county clerk shall |
|
|
|
HB0546 |
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LRB094 06730 BDD 36829 b |
|
| 1 |
| immediately after the written request to
adjust the total | 2 |
| initial equalized value is received determine the total
| 3 |
| homestead exemptions in the redevelopment project area | 4 |
| provided by Sections
15-167, 15-170, 15-175, and 15-176 of the | 5 |
| Property Tax Code by adding
together the homestead
exemptions | 6 |
| provided by said Sections
on each lot, block, tract or parcel | 7 |
| of real property within such redevelopment
project area and | 8 |
| then shall deduct the total of said exemptions from the total
| 9 |
| initial equalized assessed value. The county clerk shall then | 10 |
| promptly certify
such amount as the "total initial equalized | 11 |
| assessed value as adjusted" of the
taxable real property within | 12 |
| such redevelopment project area.
| 13 |
| (c) After the county clerk has certified the "total initial
| 14 |
| equalized assessed value" of the taxable real property in such | 15 |
| area, then
in respect to every taxing district containing a | 16 |
| redevelopment project area,
the county clerk or any other | 17 |
| official required by law to ascertain the amount
of the | 18 |
| equalized assessed value of all taxable property within such | 19 |
| district
for the purpose of computing the rate per cent of tax | 20 |
| to be extended upon
taxable property within such district, | 21 |
| shall in every year that tax increment
allocation financing is | 22 |
| in effect ascertain the amount of value of taxable
property in | 23 |
| a redevelopment project area by including in such amount the | 24 |
| lower
of the current equalized assessed value or the certified | 25 |
| "total initial
equalized assessed value" of all taxable real | 26 |
| property in such area, except
that after he has certified the | 27 |
| "total initial equalized assessed value as
adjusted" he shall | 28 |
| in the year of said certification if tax rates have not been
| 29 |
| extended and in every year thereafter that tax increment | 30 |
| allocation financing
is in effect ascertain the amount of value | 31 |
| of taxable property in a
redevelopment project area by | 32 |
| including in such amount the lower of the current
equalized | 33 |
| assessed value or the certified "total initial equalized | 34 |
| assessed
value as adjusted" of all taxable real property in | 35 |
| such area. The rate per cent
of tax determined shall be | 36 |
| extended to the current equalized assessed value of
all |
|
|
|
HB0546 |
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LRB094 06730 BDD 36829 b |
|
| 1 |
| property in the redevelopment project area in the same manner | 2 |
| as the rate
per cent of tax is extended to all other taxable | 3 |
| property in the taxing
district. The method of extending taxes | 4 |
| established under this Section shall
terminate when the | 5 |
| municipality adopts an ordinance dissolving the special tax
| 6 |
| allocation fund for the redevelopment project area. This | 7 |
| Division shall not be
construed as relieving property owners | 8 |
| within a redevelopment project area from
paying a uniform rate | 9 |
| of taxes upon the current equalized assessed value of
their | 10 |
| taxable property as provided in the Property Tax Code.
| 11 |
| (Source: P.A. 93-715, eff. 7-12-04.)
| 12 |
| (65 ILCS 5/11-74.6-40)
| 13 |
| Sec. 11-74.6-40. Equalized assessed value determination; | 14 |
| property tax
extension.
| 15 |
| (a) If a municipality by ordinance provides for tax | 16 |
| increment allocation
financing under Section 11-74.6-35, the | 17 |
| county clerk immediately thereafter:
| 18 |
| (1) shall determine the initial equalized assessed | 19 |
| value of each
parcel of real property in the redevelopment | 20 |
| project area, which is the
most recently established | 21 |
| equalized assessed value of each lot, block,
tract or | 22 |
| parcel of taxable real property within the redevelopment | 23 |
| project
area, minus the homestead exemptions provided by | 24 |
| Sections
15-167, 15-170, 15-175, and 15-176 of the Property | 25 |
| Tax Code; and
| 26 |
| (2) shall certify to the municipality the total initial | 27 |
| equalized
assessed value of all taxable real property | 28 |
| within the redevelopment
project area.
| 29 |
| (b) Any municipality that has established a vacant | 30 |
| industrial
buildings conservation area may, by ordinance | 31 |
| passed after
the adoption of tax increment allocation | 32 |
| financing, provide that the county
clerk immediately | 33 |
| thereafter shall again determine:
| 34 |
| (1) the updated initial equalized assessed value of | 35 |
| each lot, block,
tract or parcel of real property, which is |
|
|
|
HB0546 |
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LRB094 06730 BDD 36829 b |
|
| 1 |
| the most recently
ascertained equalized assessed value of | 2 |
| each lot, block, tract or parcel of
real property within | 3 |
| the vacant industrial buildings conservation area; and
| 4 |
| (2) the total updated initial equalized assessed value | 5 |
| of all
taxable real property within the redevelopment | 6 |
| project area,
which is the total of the updated initial | 7 |
| equalized assessed value of
all taxable real property | 8 |
| within the vacant industrial buildings
conservation area.
| 9 |
| The county clerk shall certify to the municipality the | 10 |
| total updated
initial equalized assessed value of all taxable | 11 |
| real property within the
industrial buildings conservation | 12 |
| area.
| 13 |
| (c) After the county clerk has certified the total initial
| 14 |
| equalized assessed value or the total updated initial equalized | 15 |
| assessed
value of the taxable real property in the area, for | 16 |
| each taxing district in
which a redevelopment project area is | 17 |
| situated, the county clerk or any
other official required by | 18 |
| law to determine the amount of the equalized
assessed value of | 19 |
| all taxable property within
the district for the purpose of | 20 |
| computing the percentage rate of tax to be
extended upon | 21 |
| taxable property within the district, shall in every year
that | 22 |
| tax increment allocation financing is in effect determine the | 23 |
| total
equalized assessed value of taxable property in a | 24 |
| redevelopment project area by
including in that amount the | 25 |
| lower of the current equalized assessed value
or the certified | 26 |
| total initial equalized assessed value or, if the total of
| 27 |
| updated equalized assessed value has been certified, the total | 28 |
| updated
initial equalized assessed value of all taxable real | 29 |
| property in the
redevelopment project area. After he has | 30 |
| certified the total initial
equalized assessed value he shall | 31 |
| in the year of that
certification, if tax rates have not been | 32 |
| extended, and in every subsequent
year that tax increment | 33 |
| allocation financing is in effect, determine the
amount of | 34 |
| equalized assessed value of taxable property in a redevelopment
| 35 |
| project area by including in that amount the lower of the | 36 |
| current total
equalized assessed value or the certified total |
|
|
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| initial equalized assessed
value or, if the total of updated | 2 |
| initial equalized assessed values have been
certified, the | 3 |
| total updated initial equalized assessed value of all taxable
| 4 |
| real property in the redevelopment project area.
| 5 |
| (d) The percentage rate of tax determined shall be extended | 6 |
| on the
current equalized assessed value of all property in the | 7 |
| redevelopment
project area in the same manner as the rate per | 8 |
| cent of tax is extended to
all other taxable property in the | 9 |
| taxing district. The method of extending
taxes established | 10 |
| under this Section shall terminate when the municipality
adopts | 11 |
| an ordinance dissolving the special tax allocation fund for the
| 12 |
| redevelopment project area. This Law shall not be construed as | 13 |
| relieving
property owners within a redevelopment project area | 14 |
| from paying a uniform
rate of taxes upon the current equalized | 15 |
| assessed value of their taxable
property as provided in the | 16 |
| Property Tax Code.
| 17 |
| (Source: P.A. 93-715, eff. 7-12-04.)
| 18 |
| Section 30. The Economic Development Project Area Tax | 19 |
| Increment Allocation
Act of 1995 is amended by changing Section | 20 |
| 45 as follows:
| 21 |
| (65 ILCS 110/45)
| 22 |
| Sec. 45. Filing with county clerk; certification of initial | 23 |
| equalized
assessed value.
| 24 |
| (a) A municipality that has by ordinance approved an | 25 |
| economic development
plan, established an economic development | 26 |
| project area, and adopted tax
increment allocation financing | 27 |
| for that area shall file certified copies of the
ordinance or | 28 |
| ordinances with the county clerk. Upon receiving the ordinance | 29 |
| or
ordinances, the county clerk shall immediately determine (i) | 30 |
| the most recently
ascertained equalized assessed value of each | 31 |
| lot, block, tract, or parcel of
real property within the | 32 |
| economic development project area from which shall be
deducted | 33 |
| the homestead exemptions provided by Sections 15-167, 15-170,
| 34 |
| 15-175, and 15-176 of
the Property Tax Code
(that value being |
|
|
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| the "initial equalized assessed value" of each such
piece of | 2 |
| property) and (ii) the total equalized assessed value of all | 3 |
| taxable
real property within the economic development project | 4 |
| area by adding together
the most recently ascertained equalized | 5 |
| assessed value of each taxable lot,
block, tract, or parcel of | 6 |
| real property within the economic development
project area, | 7 |
| from which shall be deducted the homestead exemptions provided | 8 |
| by
Sections 15-167, 15-170, 15-175, and 15-176 of the Property | 9 |
| Tax Code,
and shall certify
that amount as the "total initial | 10 |
| equalized assessed value" of the taxable real
property within | 11 |
| the economic development project area.
| 12 |
| (b) After the county clerk has certified the "total initial | 13 |
| equalized
assessed value" of the taxable real property in the | 14 |
| economic development
project area, then in respect to every | 15 |
| taxing district containing an economic
development project | 16 |
| area, the county clerk or any other official required by
law to | 17 |
| ascertain the amount of the equalized assessed value of all | 18 |
| taxable
property within the taxing district for the purpose of | 19 |
| computing the rate per
cent of tax to be extended upon taxable | 20 |
| property within the taxing district
shall, in every year that | 21 |
| tax increment allocation financing is in effect,
ascertain the | 22 |
| amount of value of
taxable property in an economic development | 23 |
| project area by including in that
amount the lower of the | 24 |
| current equalized assessed value or the certified
"total | 25 |
| initial equalized assessed value" of all taxable real property | 26 |
| in the
area. The rate per cent of tax determined shall be | 27 |
| extended to the current
equalized assessed value of all | 28 |
| property in the economic development project
area in the same | 29 |
| manner as the rate per cent of tax is extended to all other
| 30 |
| taxable property in the taxing district. The method of | 31 |
| extending taxes
established under this Section shall terminate | 32 |
| when the municipality adopts an
ordinance dissolving the | 33 |
| special tax allocation fund for the economic
development | 34 |
| project area. This Act shall not be construed as relieving | 35 |
| owners
or lessees of property within an economic development | 36 |
| project area from paying
a uniform rate of
taxes upon the |
|
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| current equalized assessed value of their taxable property as
| 2 |
| provided in the Property Tax Code.
| 3 |
| (Source: P.A. 93-715, eff. 7-12-04.)
| 4 |
| Section 35. The Criminal Code of 1961 is amended by | 5 |
| changing Section 17A-1
as follows:
| 6 |
| (720 ILCS 5/17A-1)
(from Ch. 38, par. 17A-1)
| 7 |
| Sec. 17A-1. Persons under deportation order; ineligible | 8 |
| for benefits.
An individual against whom a United States | 9 |
| Immigration Judge
has issued an order of deportation which has | 10 |
| been affirmed by the Board of
Immigration Review, as well as an | 11 |
| individual who appeals such an order
pending appeal, under | 12 |
| paragraph 19 of Section 241(a) of the
Immigration and | 13 |
| Nationality Act relating to persecution of others on
account of | 14 |
| race, religion, national origin or political opinion under the
| 15 |
| direction of or in association with the Nazi government of | 16 |
| Germany or its
allies, shall be ineligible for the following | 17 |
| benefits authorized by State law:
| 18 |
| (a) The homestead exemptions and homestead improvement
| 19 |
| exemption under
Sections 15-167, 15-170, 15-175, 15-176,
and | 20 |
| 15-180 of the Property Tax Code.
| 21 |
| (b) Grants under the Senior Citizens and Disabled Persons | 22 |
| Property Tax
Relief and Pharmaceutical Assistance Act.
| 23 |
| (c) The double income tax exemption conferred upon persons | 24 |
| 65 years of
age or older by Section 204 of the Illinois Income | 25 |
| Tax Act.
| 26 |
| (d) Grants provided by the Department on Aging.
| 27 |
| (e) Reductions in vehicle registration fees under Section | 28 |
| 3-806.3 of the
Illinois Vehicle Code.
| 29 |
| (f) Free fishing and reduced fishing license fees under | 30 |
| Sections 20-5
and 20-40 of the Fish and Aquatic Life Code.
| 31 |
| (g) Tuition free courses for senior citizens under the | 32 |
| Senior Citizen
Courses Act.
| 33 |
| (h) Any benefits under the Illinois Public Aid Code.
| 34 |
| (Source: P.A. 93-715, eff. 7-12-04.)
|
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| Section 90. The State Mandates Act is amended by adding | 2 |
| Section 8.29 as
follows:
| 3 |
| (30 ILCS 805/8.29 new)
| 4 |
| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 5 |
| of this
Act, no reimbursement by the State is required for the | 6 |
| implementation of
any mandate created by this amendatory Act of | 7 |
| the 94th General Assembly.
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law. |
|