Full Text of HB5533 093rd General Assembly
HB5533eng 93RD GENERAL ASSEMBLY
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| AN ACT concerning taxes.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Property Tax Code is amended by changing | 5 |
| Sections 15-170 and 15-175 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
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| The maximum reduction shall be $2,500 in counties with
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| 3,000,000 or more inhabitants and $2,000 in all other counties. | 24 |
| For taxable years 2004 and thereafter, the maximum reduction | 25 |
| shall be $3,000 in all counties. For land
improved with an | 26 |
| apartment building owned and operated as a cooperative, the | 27 |
| maximum reduction from the value of the property, as
equalized
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| by the Department, shall be multiplied by the number of | 29 |
| apartments or units
occupied by a person 65 years of age or | 30 |
| older who is liable, by contract with
the owner or owners of | 31 |
| record, for paying property taxes on the property and
is an | 32 |
| owner of record of a legal or equitable interest in the |
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| cooperative
apartment building, other than a leasehold | 2 |
| interest. For land improved with
a life care facility, the | 3 |
| maximum reduction from the value of the property, as
equalized | 4 |
| by the Department, shall be multiplied by the number of | 5 |
| apartments or
units occupied by persons 65 years of age or | 6 |
| older, irrespective of any legal,
equitable, or leasehold | 7 |
| interest in the facility, who are liable, under a
contract with | 8 |
| the owner or owners of record of the facility, for paying
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| property taxes on the property. In a
cooperative or a life care | 10 |
| facility where a
homestead exemption has been granted, the | 11 |
| cooperative association or the
management firm of the | 12 |
| cooperative or facility shall credit the savings
resulting from | 13 |
| that exemption only to
the apportioned tax liability of the | 14 |
| owner or resident who qualified for
the exemption.
Any person | 15 |
| who willfully refuses to so credit the savings shall be guilty | 16 |
| of a
Class B misdemeanor. Under this Section and Section | 17 |
| 15-175, "life care
facility" means a facility as defined in | 18 |
| Section 2 of the Life Care Facilities
Act, with which the | 19 |
| applicant for the homestead exemption has a life care
contract | 20 |
| as defined in that Act.
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| When a homestead exemption has been granted under this | 22 |
| Section and the person
qualifying subsequently becomes a | 23 |
| resident of a facility licensed under the
Nursing Home Care | 24 |
| 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 | 26 |
| the spouse is 65
years of age or older, or if the residence | 27 |
| remains unoccupied but is still
owned by the person qualified | 28 |
| for the homestead exemption.
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| A person who will be 65 years of age
during the current | 30 |
| assessment year
shall
be eligible to apply for the homestead | 31 |
| exemption during that assessment
year.
Application shall be | 32 |
| made during the application period in effect for the
county of | 33 |
| his residence.
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| Beginning with assessment year 2003, for taxes payable in | 35 |
| 2004,
property
that is first occupied as a residence after | 36 |
| January 1 of any assessment year by
a person who is eligible |
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| for the senior citizens homestead exemption under this
Section | 2 |
| must be granted a pro-rata exemption for the assessment year. | 3 |
| The
amount of the pro-rata exemption is the exemption
allowed | 4 |
| in the county under this Section divided by 365 and multiplied | 5 |
| by the
number of days during the assessment year the property | 6 |
| is occupied as a
residence by a
person eligible for the | 7 |
| exemption under this Section. The chief county
assessment | 8 |
| officer must adopt reasonable procedures to establish | 9 |
| eligibility
for this pro-rata exemption.
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| The assessor or chief county assessment officer may | 11 |
| determine the eligibility
of a life care facility to receive | 12 |
| the benefits provided by this Section, by
affidavit, | 13 |
| application, visual inspection, questionnaire or other | 14 |
| reasonable
methods in order to insure that the tax savings | 15 |
| resulting from the exemption
are credited by the management | 16 |
| firm to the apportioned tax liability of each
qualifying | 17 |
| 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 | 20 |
| less than 3,000,000
inhabitants shall provide to each person | 21 |
| allowed a homestead exemption under
this Section a form to | 22 |
| designate any other person to receive a
duplicate of any notice | 23 |
| of delinquency in the payment of taxes assessed and
levied | 24 |
| under this Code on the property of the person receiving the | 25 |
| exemption.
The duplicate notice shall be in addition to the | 26 |
| notice required to be
provided to the person receiving the | 27 |
| exemption, and shall be given in the
manner required by this | 28 |
| Code. The person filing the request for the duplicate
notice | 29 |
| shall pay a fee of $5 to cover administrative costs to the | 30 |
| supervisor of
assessments, who shall then file the executed | 31 |
| designation with the county
collector. Notwithstanding any | 32 |
| other provision of this Code to the contrary,
the filing of | 33 |
| such an executed designation requires the county collector to
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| provide duplicate notices as indicated by the designation. A | 35 |
| designation may
be rescinded by the person who executed such | 36 |
| designation at any time, in the
manner and form required by the |
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| chief county assessment officer.
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| The assessor or chief county assessment officer may | 3 |
| determine the
eligibility of residential property to receive | 4 |
| the homestead exemption provided
by this Section by | 5 |
| application, visual inspection, questionnaire or other
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| reasonable methods. The determination shall be made in | 7 |
| accordance with
guidelines established by the Department.
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| In counties with less than 3,000,000 inhabitants, the | 9 |
| county board may by
resolution provide that if a person has | 10 |
| been granted a homestead exemption
under this Section, the | 11 |
| person qualifying need not reapply for the exemption.
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| In counties with less than 3,000,000 inhabitants, if the | 13 |
| assessor or chief
county assessment officer requires annual | 14 |
| application for verification of
eligibility for an exemption | 15 |
| once granted under this Section, the application
shall be | 16 |
| mailed to the taxpayer.
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| The assessor or chief county assessment officer shall | 18 |
| notify each person
who qualifies for an exemption under this | 19 |
| Section that the person may also
qualify for deferral of real | 20 |
| estate taxes under the Senior Citizens Real Estate
Tax Deferral | 21 |
| Act. The notice shall set forth the qualifications needed for
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| deferral of real estate taxes, the address and telephone number | 23 |
| of
county collector, and a
statement that applications for | 24 |
| deferral of real estate taxes may be obtained
from the county | 25 |
| collector.
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| Notwithstanding Sections 6 and 8 of the State Mandates Act, | 27 |
| no
reimbursement by the State is required for the | 28 |
| implementation of any mandate
created by this Section.
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| (Source: P.A. 92-196, eff. 1-1-02; 93-511, eff. 8-11-03.)
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| (35 ILCS 200/15-175)
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| Sec. 15-175. General homestead exemption. Homestead | 32 |
| property is
entitled to an annual homestead exemption limited, | 33 |
| except as described here
with relation to cooperatives, to a | 34 |
| reduction in the equalized assessed value
of homestead property | 35 |
| equal to the increase in equalized assessed value for the
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| current assessment year above the equalized assessed value of | 2 |
| the property for
1977, up to the maximum reduction set forth | 3 |
| below. If however, the 1977
equalized assessed value upon which | 4 |
| taxes were paid is subsequently determined
by local assessing | 5 |
| officials, the Property Tax Appeal Board, or a court to have
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| been excessive, the equalized assessed value which should have | 7 |
| been placed on
the property for 1977 shall be used to determine | 8 |
| the amount of the exemption.
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| Before taxable year 2004, the
The maximum reduction shall | 10 |
| be $4,500 in counties with 3,000,000 or more
inhabitants and | 11 |
| $3,500 in all other counties. For taxable years 2004 and | 12 |
| thereafter, the maximum reduction shall be $5,000 for all | 13 |
| counties.
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| In counties with fewer than 3,000,000 inhabitants, if, | 15 |
| based on the most
recent assessment, the equalized assessed | 16 |
| value of
the homestead property for the current assessment year | 17 |
| is greater than the
equalized assessed value of the property | 18 |
| for 1977, the owner of the property
shall automatically receive | 19 |
| the exemption granted under this Section in an
amount equal to | 20 |
| the increase over the 1977 assessment up to the maximum
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| reduction set forth in this Section.
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| If in any assessment year beginning with the 2000 | 23 |
| assessment year,
homestead property has a pro-rata valuation | 24 |
| under
Section 9-180 resulting in an increase in the assessed | 25 |
| valuation, a reduction
in equalized assessed valuation equal to | 26 |
| the increase in equalized assessed
value of the property for | 27 |
| the year of the pro-rata valuation above the
equalized assessed | 28 |
| value of the property for 1977 shall be applied to the
property | 29 |
| on a proportionate basis for the period the property qualified | 30 |
| as
homestead property during the assessment year. The maximum | 31 |
| proportionate
homestead exemption shall not exceed the maximum | 32 |
| homestead exemption allowed in
the county under this Section | 33 |
| divided by 365 and multiplied by the number of
days the | 34 |
| property qualified as homestead property.
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| "Homestead property" under this Section includes | 36 |
| residential property that is
occupied by its owner or owners as |
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| his or their principal dwelling place, or
that is a leasehold | 2 |
| interest on which a single family residence is situated,
which | 3 |
| is occupied as a residence by a person who has an ownership | 4 |
| interest
therein, legal or equitable or as a lessee, and on | 5 |
| which the person is
liable for the payment of property taxes. | 6 |
| For land improved with
an apartment building owned and operated | 7 |
| as a cooperative or a building which
is a life care facility as | 8 |
| defined in Section 15-170 and considered to
be a cooperative | 9 |
| under Section 15-170, the maximum reduction from the equalized
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| assessed value shall be limited to the increase in the value | 11 |
| above the
equalized assessed value of the property for 1977, up | 12 |
| to
the maximum reduction set forth above, multiplied by the | 13 |
| number of apartments
or units occupied by a person or persons | 14 |
| who is liable, by contract with the
owner or owners of record, | 15 |
| for paying property taxes on the property and is an
owner of | 16 |
| record of a legal or equitable interest in the cooperative
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| apartment building, other than a leasehold interest. For | 18 |
| purposes of this
Section, the term "life care facility" has the | 19 |
| meaning stated in Section
15-170.
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| In a cooperative where a homestead exemption has been | 21 |
| granted, the
cooperative association or its management firm | 22 |
| shall credit the savings
resulting from that exemption only to | 23 |
| the apportioned tax liability of the
owner who qualified for | 24 |
| the exemption. Any person who willfully refuses to so
credit | 25 |
| the savings shall be guilty of a Class B misdemeanor.
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| Where married persons maintain and reside in separate | 27 |
| residences qualifying
as homestead property, each residence | 28 |
| shall receive 50% of the total reduction
in equalized assessed | 29 |
| valuation provided by this Section.
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| In counties with more than 3,000,000 inhabitants, the | 31 |
| assessor
or chief county assessment officer may determine the
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| eligibility of residential property to receive the homestead | 33 |
| exemption by
application, visual inspection, questionnaire or | 34 |
| other reasonable methods. The
determination shall be made in | 35 |
| accordance with guidelines established by the
Department.
In | 36 |
| counties with fewer than 3,000,000 inhabitants, in the event of |
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| a sale of
homestead property the homestead exemption shall | 2 |
| remain in effect for the
remainder of the assessment year of | 3 |
| the sale. The assessor or chief county
assessment officer may | 4 |
| require the new
owner of the property to apply for the | 5 |
| homestead exemption for the following
assessment year.
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| (Source: P.A. 90-368, eff. 1-1-98; 90-552, eff. 12-12-97; | 7 |
| 90-655, eff.
7-30-98; 91-346, eff. 7-29-99.)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law. |
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