96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0459

 

Introduced 2/4/2009, by Rep. Ed Sullivan, Jr.

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/15-172

    Amends the Property Tax Code. Authorizes counties with less than 3,000,000 inhabitants to provide that if a person has been granted a Senior Citizens Assessment Freeze Homestead Exemption for 2 consecutive years, then the person qualifying need not reapply for the exemption. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning revenue.
 
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 value
15 of the residence plus the first year's equalized assessed value
16 of any added improvements which increased the assessed value of
17 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

 

 

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1 (i) an owner of record of the property or had legal or
2 equitable interest in the property as evidenced by a written
3 instrument or (ii) had a legal or equitable interest as a
4 lessee in the parcel of property that was single family
5 residence. If in any subsequent taxable year for which the
6 applicant applies and qualifies for the exemption the equalized
7 assessed value of the residence is less than the equalized
8 assessed value in the existing base year (provided that such
9 equalized assessed value is not based on an assessed value that
10 results from a temporary irregularity in the property that
11 reduces the assessed value for one or more taxable years), then
12 that subsequent taxable year shall become the base year until a
13 new base year is established under the terms of this paragraph.
14 For taxable year 1999 only, the Chief County Assessment Officer
15 shall review (i) all taxable years for which the applicant
16 applied and qualified for the exemption and (ii) the existing
17 base year. The assessment officer shall select as the new base
18 year the year with the lowest equalized assessed value. An
19 equalized assessed value that is based on an assessed value
20 that results from a temporary irregularity in the property that
21 reduces the assessed value for one or more taxable years shall
22 not be considered the lowest equalized assessed value. The
23 selected year shall be the base year for taxable year 1999 and
24 thereafter until a new base year is established under the terms
25 of this paragraph.
26     "Chief County Assessment Officer" means the County

 

 

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1 Assessor or Supervisor of Assessments of the county in which
2 the property is located.
3     "Equalized assessed value" means the assessed value as
4 equalized by the Illinois Department of Revenue.
5     "Household" means the applicant, the spouse of the
6 applicant, and all persons using the residence of the applicant
7 as their principal place of residence.
8     "Household income" means the combined income of the members
9 of a household for the calendar year preceding the taxable
10 year.
11     "Income" has the same meaning as provided in Section 3.07
12 of the Senior Citizens and Disabled Persons Property Tax Relief
13 and Pharmaceutical Assistance Act, except that, beginning in
14 assessment year 2001, "income" does not include veteran's
15 benefits.
16     "Internal Revenue Code of 1986" means the United States
17 Internal Revenue Code of 1986 or any successor law or laws
18 relating to federal income taxes in effect for the year
19 preceding the taxable year.
20     "Life care facility that qualifies as a cooperative" means
21 a facility as defined in Section 2 of the Life Care Facilities
22 Act.
23     "Maximum income limitation" means:
24         (1) $35,000 prior to taxable year 1999;
25         (2) $40,000 in taxable years 1999 through 2003;
26         (3) $45,000 in taxable years 2004 through 2005;

 

 

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1         (4) $50,000 in taxable years 2006 and 2007; and
2         (5) $55,000 in taxable year 2008 and thereafter.
3     "Residence" means the principal dwelling place and
4 appurtenant structures used for residential purposes in this
5 State occupied on January 1 of the taxable year by a household
6 and so much of the surrounding land, constituting the parcel
7 upon which the dwelling place is situated, as is used for
8 residential purposes. If the Chief County Assessment Officer
9 has established a specific legal description for a portion of
10 property constituting the residence, then that portion of
11 property shall be deemed the residence for the purposes of this
12 Section.
13     "Taxable year" means the calendar year during which ad
14 valorem property taxes payable in the next succeeding year are
15 levied.
16     (c) Beginning in taxable year 1994, a senior citizens
17 assessment freeze homestead exemption is granted for real
18 property that is improved with a permanent structure that is
19 occupied as a residence by an applicant who (i) is 65 years of
20 age or older during the taxable year, (ii) has a household
21 income that does not exceed the maximum income limitation,
22 (iii) is liable for paying real property taxes on the property,
23 and (iv) is an owner of record of the property or has a legal or
24 equitable interest in the property as evidenced by a written
25 instrument. This homestead exemption shall also apply to a
26 leasehold interest in a parcel of property improved with a

 

 

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1 permanent structure that is a single family residence that is
2 occupied as a residence by a person who (i) is 65 years of age
3 or older during the taxable year, (ii) has a household income
4 that does not exceed the maximum income limitation, (iii) has a
5 legal or equitable ownership interest in the property as
6 lessee, and (iv) is liable for the payment of real property
7 taxes on that property.
8     In counties of 3,000,000 or more inhabitants, the amount of
9 the exemption for all taxable years is the equalized assessed
10 value of the residence in the taxable year for which
11 application is made minus the base amount. In all other
12 counties, the amount of the exemption is as follows: (i)
13 through taxable year 2005 and for taxable year 2007 and
14 thereafter, the amount of this exemption shall be the equalized
15 assessed value of the residence in the taxable year for which
16 application is made minus the base amount; and (ii) for taxable
17 year 2006, the amount of the exemption is as follows:
18         (1) For an applicant who has a household income of
19     $45,000 or less, the amount of the exemption is the
20     equalized assessed value of the residence in the taxable
21     year for which application is made minus the base amount.
22         (2) For an applicant who has a household income
23     exceeding $45,000 but not exceeding $46,250, the amount of
24     the exemption is (i) the equalized assessed value of the
25     residence in the taxable year for which application is made
26     minus the base amount (ii) multiplied by 0.8.

 

 

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1         (3) For an applicant who has a household income
2     exceeding $46,250 but not exceeding $47,500, the amount of
3     the exemption is (i) the equalized assessed value of the
4     residence in the taxable year for which application is made
5     minus the base amount (ii) multiplied by 0.6.
6         (4) For an applicant who has a household income
7     exceeding $47,500 but not exceeding $48,750, the amount of
8     the exemption is (i) the equalized assessed value of the
9     residence in the taxable year for which application is made
10     minus the base amount (ii) multiplied by 0.4.
11         (5) For an applicant who has a household income
12     exceeding $48,750 but not exceeding $50,000, the amount of
13     the exemption is (i) the equalized assessed value of the
14     residence in the taxable year for which application is made
15     minus the base amount (ii) multiplied by 0.2.
16     When the applicant is a surviving spouse of an applicant
17 for a prior year for the same residence for which an exemption
18 under this Section has been granted, the base year and base
19 amount for that residence are the same as for the applicant for
20 the prior year.
21     Each year at the time the assessment books are certified to
22 the County Clerk, the Board of Review or Board of Appeals shall
23 give to the County Clerk a list of the assessed values of
24 improvements on each parcel qualifying for this exemption that
25 were added after the base year for this parcel and that
26 increased the assessed value of the property.

 

 

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1     In the case of land improved with an apartment building
2 owned and operated as a cooperative or a building that is a
3 life care facility that qualifies as a cooperative, the maximum
4 reduction from the equalized assessed value of the property is
5 limited to the sum of the reductions calculated for each unit
6 occupied as a residence by a person or persons (i) 65 years of
7 age or older, (ii) with a household income that does not exceed
8 the maximum income limitation, (iii) who is liable, by contract
9 with the owner or owners of record, for paying real property
10 taxes on the property, and (iv) who is an owner of record of a
11 legal or equitable interest in the cooperative apartment
12 building, other than a leasehold interest. In the instance of a
13 cooperative where a homestead exemption has been granted under
14 this Section, the cooperative association or its management
15 firm shall credit the savings resulting from that exemption
16 only to the apportioned tax liability of the owner who
17 qualified for the exemption. Any person who willfully refuses
18 to credit that savings to an owner who qualifies for the
19 exemption is guilty of a Class B misdemeanor.
20     When a homestead exemption has been granted under this
21 Section and an applicant then becomes a resident of a facility
22 licensed under the Nursing Home Care Act, the exemption shall
23 be granted in subsequent years so long as the residence (i)
24 continues to be occupied by the qualified applicant's spouse or
25 (ii) if remaining unoccupied, is still owned by the qualified
26 applicant for the homestead exemption.

 

 

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1     Beginning January 1, 1997, when an individual dies who
2 would have qualified for an exemption under this Section, and
3 the surviving spouse does not independently qualify for this
4 exemption because of age, the exemption under this Section
5 shall be granted to the surviving spouse for the taxable year
6 preceding and the taxable year of the death, provided that,
7 except for age, the surviving spouse meets all other
8 qualifications for the granting of this exemption for those
9 years.
10     When married persons maintain separate residences, the
11 exemption provided for in this Section may be claimed by only
12 one of such persons and for only one residence.
13     For taxable year 1994 only, in counties having less than
14 3,000,000 inhabitants, to receive the exemption, a person shall
15 submit an application by February 15, 1995 to the Chief County
16 Assessment Officer of the county in which the property is
17 located. In counties having 3,000,000 or more inhabitants, for
18 taxable year 1994 and all subsequent taxable years, to receive
19 the exemption, a person may submit an application to the Chief
20 County Assessment Officer of the county in which the property
21 is located during such period as may be specified by the Chief
22 County Assessment Officer. The Chief County Assessment Officer
23 in counties of 3,000,000 or more inhabitants shall annually
24 give notice of the application period by mail or by
25 publication. In counties having less than 3,000,000
26 inhabitants, beginning with taxable year 1995 and thereafter,

 

 

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1 to receive the exemption, a person shall submit an application
2 by July 1 of each taxable year to the Chief County Assessment
3 Officer of the county in which the property is located. A
4 county may, by ordinance, establish a date for submission of
5 applications that is different than July 1. The applicant shall
6 submit with the application an affidavit of the applicant's
7 total household income, age, marital status (and if married the
8 name and address of the applicant's spouse, if known), and
9 principal dwelling place of members of the household on January
10 1 of the taxable year. The Department shall establish, by rule,
11 a method for verifying the accuracy of affidavits filed by
12 applicants under this Section, and the Chief County Assessment
13 Officer may conduct audits of any taxpayer claiming an
14 exemption under this Section to verify that the taxpayer is
15 eligible to receive the exemption. Each application shall
16 contain or be verified by a written declaration that it is made
17 under the penalties of perjury. A taxpayer's signing a
18 fraudulent application under this Act is perjury, as defined in
19 Section 32-2 of the Criminal Code of 1961. The applications
20 shall be clearly marked as applications for the Senior Citizens
21 Assessment Freeze Homestead Exemption and must contain a notice
22 that any taxpayer who receives the exemption is subject to an
23 audit by the Chief County Assessment Officer.
24     Notwithstanding any other provision to the contrary, in
25 counties having fewer than 3,000,000 inhabitants, if an
26 applicant fails to file the application required by this

 

 

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1 Section in a timely manner and this failure to file is due to a
2 mental or physical condition sufficiently severe so as to
3 render the applicant incapable of filing the application in a
4 timely manner, the Chief County Assessment Officer may extend
5 the filing deadline for a period of 30 days after the applicant
6 regains the capability to file the application, but in no case
7 may the filing deadline be extended beyond 3 months of the
8 original filing deadline. In order to receive the extension
9 provided in this paragraph, the applicant shall provide the
10 Chief County Assessment Officer with a signed statement from
11 the applicant's physician stating the nature and extent of the
12 condition, that, in the physician's opinion, the condition was
13 so severe that it rendered the applicant incapable of filing
14 the application in a timely manner, and the date on which the
15 applicant regained the capability to file the application.
16     Beginning January 1, 1998, notwithstanding any other
17 provision to the contrary, in counties having fewer than
18 3,000,000 inhabitants, if an applicant fails to file the
19 application required by this Section in a timely manner and
20 this failure to file is due to a mental or physical condition
21 sufficiently severe so as to render the applicant incapable of
22 filing the application in a timely manner, the Chief County
23 Assessment Officer may extend the filing deadline for a period
24 of 3 months. In order to receive the extension provided in this
25 paragraph, the applicant shall provide the Chief County
26 Assessment Officer with a signed statement from the applicant's

 

 

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1 physician stating the nature and extent of the condition, and
2 that, in the physician's opinion, the condition was so severe
3 that it rendered the applicant incapable of filing the
4 application in a timely manner.
5     In counties having less than 3,000,000 inhabitants, if an
6 applicant was denied an exemption in taxable year 1994 and the
7 denial occurred due to an error on the part of an assessment
8 official, or his or her agent or employee, then beginning in
9 taxable year 1997 the applicant's base year, for purposes of
10 determining the amount of the exemption, shall be 1993 rather
11 than 1994. In addition, in taxable year 1997, the applicant's
12 exemption shall also include an amount equal to (i) the amount
13 of any exemption denied to the applicant in taxable year 1995
14 as a result of using 1994, rather than 1993, as the base year,
15 (ii) the amount of any exemption denied to the applicant in
16 taxable year 1996 as a result of using 1994, rather than 1993,
17 as the base year, and (iii) the amount of the exemption
18 erroneously denied for taxable year 1994.
19     For purposes of this Section, a person who will be 65 years
20 of age during the current taxable year shall be eligible to
21 apply for the homestead exemption during that taxable year.
22 Application shall be made during the application period in
23 effect for the county of his or her residence.
24     In counties with less than 3,000,000 inhabitants, the
25 county board may by resolution provide that if a person has
26 been granted an exemption under this Section for 2 consecutive

 

 

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1 years, then the person qualifying need not reapply for the
2 exemption.
3     The Chief County Assessment Officer may determine the
4 eligibility of a life care facility that qualifies as a
5 cooperative to receive the benefits provided by this Section by
6 use of an affidavit, application, visual inspection,
7 questionnaire, or other reasonable method in order to insure
8 that the tax savings resulting from the exemption are credited
9 by the management firm to the apportioned tax liability of each
10 qualifying resident. The Chief County Assessment Officer may
11 request reasonable proof that the management firm has so
12 credited that exemption.
13     Except as provided in this Section, all information
14 received by the chief county assessment officer or the
15 Department from applications filed under this Section, or from
16 any investigation conducted under the provisions of this
17 Section, shall be confidential, except for official purposes or
18 pursuant to official procedures for collection of any State or
19 local tax or enforcement of any civil or criminal penalty or
20 sanction imposed by this Act or by any statute or ordinance
21 imposing a State or local tax. Any person who divulges any such
22 information in any manner, except in accordance with a proper
23 judicial order, is guilty of a Class A misdemeanor.
24     Nothing contained in this Section shall prevent the
25 Director or chief county assessment officer from publishing or
26 making available reasonable statistics concerning the

 

 

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1 operation of the exemption contained in this Section in which
2 the contents of claims are grouped into aggregates in such a
3 way that information contained in any individual claim shall
4 not be disclosed.
5     (d) Each Chief County Assessment Officer shall annually
6 publish a notice of availability of the exemption provided
7 under this Section. The notice shall be published at least 60
8 days but no more than 75 days prior to the date on which the
9 application must be submitted to the Chief County Assessment
10 Officer of the county in which the property is located. The
11 notice shall appear in a newspaper of general circulation in
12 the county.
13     Notwithstanding Sections 6 and 8 of the State Mandates Act,
14 no reimbursement by the State is required for the
15 implementation of any mandate created by this Section.
16 (Source: P.A. 94-794, eff. 5-22-06; 95-644, eff. 10-12-07.)
 
17     Section 99. Effective date. This Act takes effect upon
18 becoming law.