State of Illinois
90th General Assembly
Legislation

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90_SB1075enr

      35 ILCS 200/15-175
          Amends the Property Tax Code.  Deletes current provisions
      concerning the  application  and  approval  process  for  the
      homestead  exemption.   Provides  that  if,  in counties with
      fewer than 3,000,000 inhabitants, based on  the  most  recent
      assessment,  the  equalized  assessed  value of the homestead
      property for the current assessment year is greater than  the
      equalized  assessed value of the property for 1977, the owner
      of the property shall automatically receive the exemption  in
      the amount of the increase over the 1977 assessment up to the
      maximum amount allowed.
                                                   SDS/bill0030/dgp
SB1075 Enrolled                              SDS/bill0030/dgp
 1        AN ACT to amend the Property Tax Code by changing Section
 2    15-175.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Property Tax Code is amended by  changing
 6    Section 15-175 as follows:
 7        (35 ILCS 200/15-175)
 8        Sec.  15-175.   General  homestead  exemption.  Homestead
 9    property  is  entitled  to  an  annual  homestead   exemption
10    limited,   except   as   described   here  with  relation  to
11    cooperatives, to a reduction in the equalized assessed  value
12    of  homestead  property  equal  to  the increase in equalized
13    assessed value for the  current  assessment  year  above  the
14    equalized  assessed value of the property for 1977, up to the
15    maximum reduction set  forth  below.  If  however,  the  1977
16    equalized  assessed  value  upon  which  taxes  were  paid is
17    subsequently determined by  local  assessing  officials,  the
18    Property Tax Appeal Board, or a court to have been excessive,
19    the equalized assessed value which should have been placed on
20    the  property  for 1977 shall be used to determine the amount
21    of the exemption.
22        The maximum reduction shall be $4,500  in  counties  with
23    3,000,000  or  more  inhabitants  and  $3,500  in  all  other
24    counties.
25        In  counties  with  fewer than 3,000,000 inhabitants, if,
26    based on the most recent assessment, the  equalized  assessed
27    value  of  the  homestead property for the current assessment
28    year is greater than the  equalized  assessed  value  of  the
29    property   for   1977,   the  owner  of  the  property  shall
30    automatically  receive  the  exemption  granted  under   this
31    Section  in  an  amount  equal  to the increase over the 1977
SB1075 Enrolled             -2-              SDS/bill0030/dgp
 1    assessment up to the maximum  reduction  set  forth  in  this
 2    Section.
 3        "Homestead   property"   under   this   Section  includes
 4    residential property that is occupied by its owner or  owners
 5    as  his  or  their  principal  dwelling  place,  or that is a
 6    leasehold interest on which  a  single  family  residence  is
 7    situated,  which  is  occupied as a residence by a person who
 8    has an ownership interest therein, legal or equitable or as a
 9    lessee, and on which the person is liable for the payment  of
10    property  taxes. For land improved with an apartment building
11    owned and operated as a cooperative or a building which is  a
12    life   care   facility  as  defined  in  Section  15-170  and
13    considered to be a  cooperative  under  Section  15-170,  the
14    maximum  reduction from the equalized assessed value shall be
15    limited to the increase in  the  value  above  the  equalized
16    assessed  value  of  the property for 1977, up to the maximum
17    reduction set  forth  above,  multiplied  by  the  number  of
18    apartments  or  units  occupied by a person or persons who is
19    liable, by contract with the owner or owners of  record,  for
20    paying  property  taxes  on  the  property and is an owner of
21    record of a legal or equitable interest  in  the  cooperative
22    apartment  building,  other  than  a  leasehold interest. For
23    purposes of this Section, the term "life care  facility"  has
24    the meaning stated in Section 15-170.
25        In  a  cooperative  where  a homestead exemption has been
26    granted, the cooperative association or its  management  firm
27    shall  credit  the savings resulting from that exemption only
28    to the apportioned tax liability of the owner  who  qualified
29    for  the  exemption.   Any person who willfully refuses to so
30    credit the savings shall be guilty of a Class B misdemeanor.
31        Where married persons maintain  and  reside  in  separate
32    residences  qualifying  as homestead property, each residence
33    shall  receive  50%  of  the  total  reduction  in  equalized
34    assessed valuation provided by this Section.
SB1075 Enrolled             -3-              SDS/bill0030/dgp
 1        In counties with more  than  3,000,000  inhabitants,  the
 2    The   assessor,   or  chief  county  assessment  officer  may
 3    determine the eligibility of residential property to  receive
 4    the  homestead  exemption  by application, visual inspection,
 5    questionnaire or other reasonable methods.  The determination
 6    shall be made in accordance with  guidelines  established  by
 7    the   Department.   In  counties  with  less  than  3,000,000
 8    inhabitants,  if  an  application  is   used   to   determine
 9    eligibility,  the application shall be mailed to any taxpayer
10    over 65 years of age  who  has  once  applied  for  and  been
11    granted an exemption under this Section.
12    (Source: P.A. 87-894; 87-1189; 88-455.)

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