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Public Act 92-0859
HB1264 Enrolled LRB9203266SMdv
AN ACT regarding taxes.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing
Section 10-355 and adding Section 10-360 as follows:
(35 ILCS 200/10-355)
Sec. 10-355. Fraternal organization assessment freeze.
(a) For the taxable year 2002 and thereafter, the
assessed value of real property owned and used by a fraternal
organization that on December 31, 1926 had its national
headquarters in Illinois or that was chartered in Illinois in
July 1896 February 1898, or its subordinate organization or
entity, that is exempt under Section 501(c)(8) of the
Internal Revenue Code and whose members provide, directly or
indirectly, financial support for charitable works, which may
include medical care, drug rehabilitation, or education,
shall be established by the chief county assessment officer
as follows:
(1) if the property meets the qualifications set
forth in this Section on January 1, 2002 and on January 1
of each subsequent assessment year, for assessment year
2002 and each subsequent assessment year, the final
assessed value of the property shall be 15% of the final
assessed value of the property for the assessment year
2001; or
(2) if the property first meets the qualifications
set forth in this Section on January 1 of any assessment
year after assessment year 2002 and on January 1 of each
subsequent assessment year, for that first assessment
year and each subsequent assessment year, the final
assessed value shall be 15% of the final assessed value
of the property for the assessment year in which the
property first meets the qualifications set forth in this
Section.
If, in any year, additions or improvements are made to
property subject to assessment under this Section and the
additions or improvements would increase the assessed value
of the property, then 15% of the final assessed value of the
additions or improvements shall be added to the final
assessed value of the property for the year in which the
additions or improvements are completed and for all
subsequent years that the property is eligible for assessment
under this Section.
(b) For purposes of this Section, "final assessed value"
means the assessed value after final board of review action.
(c) Fraternal organizations whose property is assessed
under this Section must annually submit an application to the
chief county assessment officer on or before (i) January 31
of the assessment year in counties with a population of
3,000,000 or more and (ii) December 31 of the assessment year
in all other counties. The initial application must contain
the information required by the Department of Revenue, which
shall prepare the form, including:
(1) a copy of the organization's charter from the
State of Illinois, if applicable;
(2) the location or legal description of the
property on which is located the principal building for
the organization, including the PIN number, if available;
(3) a written instrument evidencing that the
organization is the record owner or has a legal or
equitable interest in the property;
(4) an affidavit that the organization is liable
for paying the real property taxes on the property; and
(5) the signature of the organization's chief
presiding officer.
Subsequent applications shall include any changes in the
initial application and shall affirm the ownership, use, and
liability for taxes for the year in which it is submitted.
All applications shall be notarized.
(d) This Section does not apply to parcels exempt from
property taxes under this Code.
(Source: P.A. 92-388, eff. 1-1-02.)
(35 ILCS 200/10-360 new)
Sec. 10-360. Fraternal organization assessment freeze.
(a) For the taxable year 2003 and thereafter, the
assessed value of real property owned and used by a fraternal
organization or its affiliated Illinois not for profit
corporation chartered prior to 1920 that is an exempt entity
under Section 501(c)(2), 501(c)(8) or 501(c)(10) of the
Internal Revenue Code and whose members provide, directly or
indirectly, financial support for charitable works, which may
include medical care, drug rehabilitation, or education,
shall be established by the chief county assessment officer
as follows:
(1) if the property meets the qualifications set
forth in this Section on January 1, 2003 and on January 1
of each subsequent assessment year, for assessment year
2003 and each subsequent assessment year, the final
assessed value of the property shall be 15% of the final
assessed value of the property for the assessment year
2002; or
(2) if the property first meets the qualifications
set forth in this Section on January 1 of any assessment
year after assessment year 2003 and on January 1 of each
subsequent assessment year, for that first assessment
year and each subsequent assessment year, the final
assessed value shall be 15% of the final assessed value
of the property for the assessment year in which the
property first meets the qualifications set forth in this
Section.
If, in any year, additions or improvements are made to
property subject to assessment under this Section and the
additions or improvements would increase the assessed value
of the property, then 15% of the final assessed value of the
additions or improvements shall be added to the final
assessed value of the property for the year in which the
additions or improvements are completed and for all
subsequent years that the property is eligible for assessment
under this Section.
(b) For purposes of this Section, "final assessed value"
means the assessed value after final board of review action.
(c) Fraternal organizations or their affiliated not for
profit corporations whose property is assessed under this
Section must annually submit an application to the chief
county assessment officer on or before (i) January 31 of the
assessment year in counties with a population of 3,000,000 or
more and (ii) December 31 of the assessment year in all other
counties. The initial application must contain the
information required by the Department of Revenue, which
shall prepare the form, including:
(1) the location or legal description of the
property on which is located the principal building for
the organization, including the PIN number, if available;
(2) a written instrument evidencing that the
organization or not for profit corporation is the record
owner or has a legal or equitable interest in the
property;
(3) an affidavit that the organization or not for
profit corporation is liable for paying the real property
taxes on the property; and
(4) the signature of the organization's or not for
profit corporation's chief presiding officer.
Subsequent applications shall include any changes in the
initial application and shall affirm the ownership, use, and
liability for taxes for the year in which it is submitted.
All applications shall be notarized.
(d) This Section does not apply to parcels exempt from
property taxes under this Code.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly December 05, 2002.
Approved January 03, 2003.
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