State of Illinois
90th General Assembly
Legislation

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90_HB1513sam005

                                           LRB9004723KDmbam01
 1                    AMENDMENT TO HOUSE BILL 1513
 2        AMENDMENT NO.     .  Amend House Bill 1513,  AS  AMENDED,
 3    in Section 5, by replacing Sec. 15-170 with the following:
 4        "(35 ILCS 200/15-170)
 5        Sec.  15-170.   Senior  Citizens Homestead Exemption.  An
 6    annual homestead exemption limited, except as described  here
 7    with  relation  to  cooperatives,  to a maximum reduction set
 8    forth below from  the  property's  value,  as   equalized  or
 9    assessed  by  the Department, is granted for property that is
10    occupied as a residence by a person 65 years of age or  older
11    who  is  liable  for paying real estate taxes on the property
12    and is an owner of record of the property or has a  legal  or
13    equitable   interest   therein  as  evidenced  by  a  written
14    instrument, except for a leasehold  interest,  other  than  a
15    leasehold interest of land on which a single family residence
16    is  located,  which is occupied as a residence by a person 65
17    years or older who has an ownership interest therein,  legal,
18    equitable  or  as  a lessee, and on which he or she is liable
19    for the payment of  property  taxes.  The  maximum  reduction
20    shall   be   $2,500   in  counties  with  3,000,000  or  more
21    inhabitants and $2,000  in  all  other  counties.   For  land
22    improved  with  an apartment building owned and operated as a
23    cooperative or a building which is a life care facility which
                            -2-            LRB9004723KDmbam01
 1    shall  be  considered  to  be  a  cooperative,  the   maximum
 2    reduction from the value of the property, as equalized by the
 3    Department,  shall  be multiplied by the number of apartments
 4    or units occupied by a person 65 years of age or older who is
 5    liable, by contract with the owner or owners of  record,  for
 6    paying  property  taxes  on  the  property and is an owner of
 7    record of a legal or equitable interest  in  the  cooperative
 8    apartment  building,  other  than  a leasehold interest. In a
 9    cooperative where a homestead  exemption  has  been  granted,
10    the  cooperative  association  or  its  management firm shall
11    credit the savings resulting from that exemption only to  the
12    apportioned  tax liability of the owner who qualified for the
13    exemption.  Any person who willfully refuses to so credit the
14    savings shall be guilty of a Class B misdemeanor. Under  this
15    Section  and  Section  15-175,  "life  care facility" means a
16    facility as defined in Section 2 of the Life Care  Facilities
17    Act, with which the applicant for the homestead exemption has
18    a  life  care contract as defined in that Act, which requires
19    the applicant to pay property taxes.
20        When a homestead exemption has been  granted  under  this
21    Section  and  the  person  qualifying  subsequently becomes a
22    resident of a facility licensed under the Nursing  Home  Care
23    Act,  the  exemption  shall continue so long as the residence
24    continues to be occupied by the qualifying person's spouse if
25    the spouse is 65 years of age or older, or if  the  residence
26    remains unoccupied but is still owned by the person qualified
27    for the homestead exemption.
28        A  person  who will be 65 years of age during the current
29    assessment year shall be eligible to apply for the  homestead
30    exemption  during that assessment year.  Application shall be
31    made during the application period in effect for  the  county
32    of his residence.
33        The  assessor  or  chief  county  assessment  officer may
34    determine the eligibility of a life care facility to  receive
                            -3-            LRB9004723KDmbam01
 1    the   benefits   provided  by  this  Section,  by  affidavit,
 2    application,  visual  inspection,  questionnaire   or   other
 3    reasonable  methods  in  order to insure that the tax savings
 4    resulting from the exemption are credited by  the  management
 5    firm  to  the  apportioned  tax  liability of each qualifying
 6    resident.  The assessor may request reasonable proof that the
 7    management firm has so credited the exemption.
 8        The chief county assessment officer of each  county  with
 9    less  than 3,000,000 inhabitants shall provide to each person
10    allowed a homestead exemption under this Section  a  form  to
11    designate  any  other  person  to  receive a duplicate of any
12    notice of delinquency in the payment of  taxes  assessed  and
13    levied  under  this  Code  on  the  property  of  the  person
14    receiving  the  exemption.  The duplicate notice  shall be in
15    addition to the notice required to be provided to the  person
16    receiving  the  exemption,  and  shall be given in the manner
17    required by this Code.  The person filing the request for the
18    duplicate  notice  shall  pay  a   fee   of   $5   to   cover
19    administrative  costs  to  the supervisor of assessments, who
20    shall then file the  executed  designation  with  the  county
21    collector.   Notwithstanding any other provision of this Code
22    to the contrary, the filing of such an  executed  designation
23    requires the county collector to provide duplicate notices as
24    indicated by the designation.  A designation may be rescinded
25    by  the  person who executed such designation at any time, in
26    the manner and form required by the chief  county  assessment
27    officer.
28        The  assessor  or  chief  county  assessment  officer may
29    determine the eligibility of residential property to  receive
30    the   homestead   exemption   provided  by  this  Section  by
31    application,  visual  inspection,  questionnaire   or   other
32    reasonable  methods.   The  determination  shall  be  made in
33    accordance with guidelines established by the Department.
34        In counties with less  than  3,000,000  inhabitants,  the
                            -4-            LRB9004723KDmbam01
 1    county  board  may by resolution provide that if a person has
 2    been granted a homestead exemption under  this  Section,  the
 3    person qualifying need not reapply for the exemption.
 4        In  counties with less than 3,000,000 inhabitants, if the
 5    assessor or chief county assessment officer  requires  annual
 6    application  for verification of eligibility for an exemption
 7    once granted under this Section,  the  application  shall  be
 8    mailed to the taxpayer.
 9        The  assessor  or  chief  county assessment officer shall
10    notify each person who qualifies for an exemption under  this
11    Section that the person may also qualify for deferral of real
12    estate  taxes  under  the  Senior  Citizens  Real  Estate Tax
13    Deferral Act.  The notice shall set forth the  qualifications
14    needed  for  deferral  of  real estate taxes, the address and
15    telephone number of county collector, and  a  statement  that
16    applications  for  deferral  of  real  estate  taxes  may  be
17    obtained from the county collector.
18    (Source: P.A. 88-455; 89-412, eff. 11-17-95.)".

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