093_SB0136 LRB093 04307 SJM 04354 b 1 AN ACT concerning taxes. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Property Tax Code is amended by changing 5 Section 15-172 as follows: 6 (35 ILCS 200/15-172) 7 Sec. 15-172. Senior Citizens Assessment Freeze Homestead 8 Exemption. 9 (a) This Section may be cited as the Senior Citizens 10 Assessment Freeze Homestead Exemption. 11 (b) As used in this Section: 12 "Applicant" means an individual who has filed an 13 application under this Section. 14 "Base amount" means the base year equalized assessed 15 value of the residence plus the first year's equalized 16 assessed value of any added improvements which increased the 17 assessed value of the residence after the base year. 18 "Base year" means the taxable year prior to the taxable 19 year for which the applicant first qualifies and applies for 20 the exemption provided that in the prior taxable year the 21 property was improved with a permanent structure that was 22 occupied as a residence by the applicant who was liable for 23 paying real property taxes on the property and who was either 24 (i) an owner of record of the property or had legal or 25 equitable interest in the property as evidenced by a written 26 instrument or (ii) had a legal or equitable interest as a 27 lessee in the parcel of property that was single family 28 residence. If in any subsequent taxable year for which the 29 applicant applies and qualifies for the exemption the 30 equalized assessed value of the residence is less than the 31 equalized assessed value in the existing base year (provided -2- LRB093 04307 SJM 04354 b 1 that such equalized assessed value is not based on an 2 assessed value that results from a temporary irregularity in 3 the property that reduces the assessed value for one or more 4 taxable years), then that subsequent taxable year shall 5 become the base year until a new base year is established 6 under the terms of this paragraph. For taxable year 1999 7 only, the Chief County Assessment Officer shall review (i) 8 all taxable years for which the applicant applied and 9 qualified for the exemption and (ii) the existing base year. 10 The assessment officer shall select as the new base year the 11 year with the lowest equalized assessed value. An equalized 12 assessed value that is based on an assessed value that 13 results from a temporary irregularity in the property that 14 reduces the assessed value for one or more taxable years 15 shall not be considered the lowest equalized assessed value. 16 The selected year shall be the base year for taxable year 17 1999 and thereafter until a new base year is established 18 under the terms of this paragraph. 19 "Chief County Assessment Officer" means the County 20 Assessor or Supervisor of Assessments of the county in which 21 the property is located. 22 "Equalized assessed value" means the assessed value as 23 equalized by the Illinois Department of Revenue. 24 "Household" means the applicant, the spouse of the 25 applicant, and all persons using the residence of the 26 applicant as their principal place of residence. 27 "Household income" means the combined income of the 28 members of a household for the calendar year preceding the 29 taxable year. 30 "Income" has the same meaning as provided in Section 3.07 31 of the Senior Citizens and Disabled Persons Property Tax 32 Relief and Pharmaceutical Assistance Act, except that, 33 beginning in assessment year 2001, "income" does not include 34 veteran's benefits. -3- LRB093 04307 SJM 04354 b 1 "Internal Revenue Code of 1986" means the United States 2 Internal Revenue Code of 1986 or any successor law or laws 3 relating to federal income taxes in effect for the year 4 preceding the taxable year. 5 "Life care facility that qualifies as a cooperative" 6 means a facility as defined in Section 2 of the Life Care 7 Facilities Act. 8 "Residence" means the principal dwelling place and 9 appurtenant structures used for residential purposes in this 10 State occupied on January 1 of the taxable year by a 11 household and so much of the surrounding land, constituting 12 the parcel upon which the dwelling place is situated, as is 13 used for residential purposes. If the Chief County Assessment 14 Officer has established a specific legal description for a 15 portion of property constituting the residence, then that 16 portion of property shall be deemed the residence for the 17 purposes of this Section. 18 "Taxable year" means the calendar year during which ad 19 valorem property taxes payable in the next succeeding year 20 are levied. 21 (c) Beginning in taxable year 1994, a senior citizens 22 assessment freeze homestead exemption is granted for real 23 property that is improved with a permanent structure that is 24 occupied as a residence by an applicant who (i) is 65 years 25 of age or older during the taxable year, (ii) has a household 26 income of $35,000 or less prior to taxable year 1999 or 27 $40,000 or less in taxable year 1999 and thereafter, (iii) is 28 liable for paying real property taxes on the property, and 29 (iv) is an owner of record of the property or has a legal or 30 equitable interest in the property as evidenced by a written 31 instrument. This homestead exemption shall also apply to a 32 leasehold interest in a parcel of property improved with a 33 permanent structure that is a single family residence that is 34 occupied as a residence by a person who (i) is 65 years of -4- LRB093 04307 SJM 04354 b 1 age or older during the taxable year, (ii) has a household 2 income of $35,000 or less prior to taxable year 1999 or 3 $40,000 or less in taxable year 1999 and thereafter, (iii) 4 has a legal or equitable ownership interest in the property 5 as lessee, and (iv) is liable for the payment of real 6 property taxes on that property. 7 The amount of this exemption shall be the equalized 8 assessed value of the residence in the taxable year for which 9 application is made minus the base amount. 10 When the applicant is a surviving spouse of an applicant 11 for a prior year for the same residence for which an 12 exemption under this Section has been granted, the base year 13 and base amount for that residence are the same as for the 14 applicant for the prior year. 15 For taxable years 2003 and thereafter, if an applicant 16 for an exemption under this Section moves to a new residence 17 during the taxable year and had been granted an exemption 18 under this Section for his or her previous residence in the 19 immediately prior taxable year, then, as that term is used in 20 this Section, that applicant's "residence" is deemed to be 21 the new residence to which he or she moves. The base amount 22 for the new residence shall be established by the chief 23 county assessment officer at the same percentage of equalized 24 assessed value of the new residence as the base amount for 25 the previous residence was to the equalized assessed value of 26 the previous residence in the immediately prior taxable year. 27 Each year at the time the assessment books are certified 28 to the County Clerk, the Board of Review or Board of Appeals 29 shall give to the County Clerk a list of the assessed values 30 of improvements on each parcel qualifying for this exemption 31 that were added after the base year for this parcel and that 32 increased the assessed value of the property. 33 In the case of land improved with an apartment building 34 owned and operated as a cooperative or a building that is a -5- LRB093 04307 SJM 04354 b 1 life care facility that qualifies as a cooperative, the 2 maximum reduction from the equalized assessed value of the 3 property is limited to the sum of the reductions calculated 4 for each unit occupied as a residence by a person or persons 5 65 years of age or older with a household income of $35,000 6 or less prior to taxable year 1999 or $40,000 or less in 7 taxable year 1999 and thereafter who is liable, by contract 8 with the owner or owners of record, for paying real property 9 taxes on the property and who is an owner of record of a 10 legal or equitable interest in the cooperative apartment 11 building, other than a leasehold interest. In the instance of 12 a cooperative where a homestead exemption has been granted 13 under this Section, the cooperative association or its 14 management firm shall credit the savings resulting from that 15 exemption only to the apportioned tax liability of the owner 16 who qualified for the exemption. Any person who willfully 17 refuses to credit that savings to an owner who qualifies for 18 the exemption is guilty of a Class B misdemeanor. 19 When a homestead exemption has been granted under this 20 Section and an applicant then becomes a resident of a 21 facility licensed under the Nursing Home Care Act, the 22 exemption shall be granted in subsequent years so long as the 23 residence (i) continues to be occupied by the qualified 24 applicant's spouse or (ii) if remaining unoccupied, is still 25 owned by the qualified applicant for the homestead exemption. 26 Beginning January 1, 1997, when an individual dies who 27 would have qualified for an exemption under this Section, and 28 the surviving spouse does not independently qualify for this 29 exemption because of age, the exemption under this Section 30 shall be granted to the surviving spouse for the taxable year 31 preceding and the taxable year of the death, provided that, 32 except for age, the surviving spouse meets all other 33 qualifications for the granting of this exemption for those 34 years. -6- LRB093 04307 SJM 04354 b 1 When married persons maintain separate residences, the 2 exemption provided for in this Section may be claimed by only 3 one of such persons and for only one residence. 4 For taxable year 1994 only, in counties having less than 5 3,000,000 inhabitants, to receive the exemption, a person 6 shall submit an application by February 15, 1995 to the Chief 7 County Assessment Officer of the county in which the property 8 is located. In counties having 3,000,000 or more 9 inhabitants, for taxable year 1994 and all subsequent taxable 10 years, to receive the exemption, a person may submit an 11 application to the Chief County Assessment Officer of the 12 county in which the property is located during such period as 13 may be specified by the Chief County Assessment Officer. The 14 Chief County Assessment Officer in counties of 3,000,000 or 15 more inhabitants shall annually give notice of the 16 application period by mail or by publication. In counties 17 having less than 3,000,000 inhabitants, beginning with 18 taxable year 1995 and thereafter, to receive the exemption, a 19 person shall submit an application by July 1 of each taxable 20 year to the Chief County Assessment Officer of the county in 21 which the property is located. A county may, by ordinance, 22 establish a date for submission of applications that is 23 different than July 1. The applicant shall submit with the 24 application an affidavit of the applicant's total household 25 income, age, marital status (and if married the name and 26 address of the applicant's spouse, if known), and principal 27 dwelling place of members of the household on January 1 of 28 the taxable year. The Department shall establish, by rule, a 29 method for verifying the accuracy of affidavits filed by 30 applicants under this Section. The applications shall be 31 clearly marked as applications for the Senior Citizens 32 Assessment Freeze Homestead Exemption. 33 Notwithstanding any other provision to the contrary, in 34 counties having fewer than 3,000,000 inhabitants, if an -7- LRB093 04307 SJM 04354 b 1 applicant fails to file the application required by this 2 Section in a timely manner and this failure to file is due to 3 a mental or physical condition sufficiently severe so as to 4 render the applicant incapable of filing the application in a 5 timely manner, the Chief County Assessment Officer may extend 6 the filing deadline for a period of 30 days after the 7 applicant regains the capability to file the application, but 8 in no case may the filing deadline be extended beyond 3 9 months of the original filing deadline. In order to receive 10 the extension provided in this paragraph, the applicant shall 11 provide the Chief County Assessment Officer with a signed 12 statement from the applicant's physician stating the nature 13 and extent of the condition, that, in the physician's 14 opinion, the condition was so severe that it rendered the 15 applicant incapable of filing the application in a timely 16 manner, and the date on which the applicant regained the 17 capability to file the application. 18 Beginning January 1, 1998, notwithstanding any other 19 provision to the contrary, in counties having fewer than 20 3,000,000 inhabitants, if an applicant fails to file the 21 application required by this Section in a timely manner and 22 this failure to file is due to a mental or physical condition 23 sufficiently severe so as to render the applicant incapable 24 of filing the application in a timely manner, the Chief 25 County Assessment Officer may extend the filing deadline for 26 a period of 3 months. In order to receive the extension 27 provided in this paragraph, the applicant shall provide the 28 Chief County Assessment Officer with a signed statement from 29 the applicant's physician stating the nature and extent of 30 the condition, and that, in the physician's opinion, the 31 condition was so severe that it rendered the applicant 32 incapable of filing the application in a timely manner. 33 In counties having less than 3,000,000 inhabitants, if an 34 applicant was denied an exemption in taxable year 1994 and -8- LRB093 04307 SJM 04354 b 1 the denial occurred due to an error on the part of an 2 assessment official, or his or her agent or employee, then 3 beginning in taxable year 1997 the applicant's base year, for 4 purposes of determining the amount of the exemption, shall be 5 1993 rather than 1994. In addition, in taxable year 1997, the 6 applicant's exemption shall also include an amount equal to 7 (i) the amount of any exemption denied to the applicant in 8 taxable year 1995 as a result of using 1994, rather than 9 1993, as the base year, (ii) the amount of any exemption 10 denied to the applicant in taxable year 1996 as a result of 11 using 1994, rather than 1993, as the base year, and (iii) the 12 amount of the exemption erroneously denied for taxable year 13 1994. 14 For purposes of this Section, a person who will be 65 15 years of age during the current taxable year shall be 16 eligible to apply for the homestead exemption during that 17 taxable year. Application shall be made during the 18 application period in effect for the county of his or her 19 residence. 20 The Chief County Assessment Officer may determine the 21 eligibility of a life care facility that qualifies as a 22 cooperative to receive the benefits provided by this Section 23 by use of an affidavit, application, visual inspection, 24 questionnaire, or other reasonable method in order to insure 25 that the tax savings resulting from the exemption are 26 credited by the management firm to the apportioned tax 27 liability of each qualifying resident. The Chief County 28 Assessment Officer may request reasonable proof that the 29 management firm has so credited that exemption. 30 Except as provided in this Section, all information 31 received by the chief county assessment officer or the 32 Department from applications filed under this Section, or 33 from any investigation conducted under the provisions of this 34 Section, shall be confidential, except for official purposes -9- LRB093 04307 SJM 04354 b 1 or pursuant to official procedures for collection of any 2 State or local tax or enforcement of any civil or criminal 3 penalty or sanction imposed by this Act or by any statute or 4 ordinance imposing a State or local tax. Any person who 5 divulges any such information in any manner, except in 6 accordance with a proper judicial order, is guilty of a Class 7 A misdemeanor. 8 Nothing contained in this Section shall prevent the 9 Director or chief county assessment officer from publishing 10 or making available reasonable statistics concerning the 11 operation of the exemption contained in this Section in which 12 the contents of claims are grouped into aggregates in such a 13 way that information contained in any individual claim shall 14 not be disclosed. 15 (d) Each Chief County Assessment Officer shall annually 16 publish a notice of availability of the exemption provided 17 under this Section. The notice shall be published at least 18 60 days but no more than 75 days prior to the date on which 19 the application must be submitted to the Chief County 20 Assessment Officer of the county in which the property is 21 located. The notice shall appear in a newspaper of general 22 circulation in the county. 23 (e) Notwithstanding Sections 6 and 8 of the State 24 Mandates Act, no reimbursement by the State is required for 25 the implementation of any mandate created by this Section. 26 (Source: P.A. 90-14, eff. 7-1-97; 90-204, eff. 7-25-97; 27 90-523, eff. 11-13-97; 90-524, eff. 1-1-98; 90-531, eff. 28 1-1-98; 90-655, eff. 7-30-98; 91-45, eff. 6-30-99; 91-56, 29 eff. 6-30-99; 91-819, eff. 6-13-00.) 30 Section 90. The State Mandates Act is amended by adding 31 Section 8.27 as follows: 32 (30 ILCS 805/8.27 new) -10- LRB093 04307 SJM 04354 b 1 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6 2 and 8 of this Act, no reimbursement by the State is required 3 for the implementation of any mandate created by Section 4 15-172 of the Property Tax Code. 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.