Illinois General Assembly - Full Text of HB4102
Illinois General Assembly

Previous General Assemblies

Full Text of HB4102  99th General Assembly

HB4102 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4102

 

Introduced , by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/15-168
35 ILCS 200/15-170
35 ILCS 200/15-172

    Amends the Property Tax Code. Provides that, if a person qualifying for the disabled persons' homestead exemption, the senior citizens homestead exemption, or the senior citizens assessment freeze homestead exemption subsequently becomes a resident of a facility certified as a supportive living facility under the Illinois Public Aid Code, then the exemption shall continue so long as the residence (i) continues to be occupied by the qualifying person's spouse or (ii) remains unoccupied but is still owned by the person who qualified for the homestead exemption. Effective immediately.


LRB099 06248 HLH 26316 b

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

 

 

A BILL FOR

 

HB4102LRB099 06248 HLH 26316 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Sections 15-168, 15-170, and 15-172 as follows:
 
6    (35 ILCS 200/15-168)
7    Sec. 15-168. Disabled persons' homestead exemption.
8    (a) Beginning with taxable year 2007, an annual homestead
9exemption is granted to disabled persons in the amount of
10$2,000, except as provided in subsection (c), to be deducted
11from the property's value as equalized or assessed by the
12Department of Revenue. The disabled person shall receive the
13homestead exemption upon meeting the following requirements:
14        (1) The property must be occupied as the primary
15    residence by the disabled person.
16        (2) The disabled person must be liable for paying the
17    real estate taxes on the property.
18        (3) The disabled person must be an owner of record of
19    the property or have a legal or equitable interest in the
20    property as evidenced by a written instrument. In the case
21    of a leasehold interest in property, the lease must be for
22    a single family residence.
23    A person who is disabled during the taxable year is

 

 

HB4102- 2 -LRB099 06248 HLH 26316 b

1eligible to apply for this homestead exemption during that
2taxable year. Application must be made during the application
3period in effect for the county of residence. If a homestead
4exemption has been granted under this Section and the person
5awarded the exemption subsequently becomes a resident of a
6facility licensed under the Nursing Home Care Act, the
7Specialized Mental Health Rehabilitation Act of 2013, or the
8ID/DD Community Care Act, or certified as a supportive living
9facility under Section 5-5.01a of the Illinois Public Aid Code,
10then the exemption shall continue (i) so long as the residence
11continues to be occupied by the qualifying person's spouse or
12(ii) if the residence remains unoccupied but is still owned by
13the person qualified for the homestead exemption.
14    (b) For the purposes of this Section, "disabled person"
15means a person unable to engage in any substantial gainful
16activity by reason of a medically determinable physical or
17mental impairment which can be expected to result in death or
18has lasted or can be expected to last for a continuous period
19of not less than 12 months. Disabled persons filing claims
20under this Act shall submit proof of disability in such form
21and manner as the Department shall by rule and regulation
22prescribe. Proof that a claimant is eligible to receive
23disability benefits under the Federal Social Security Act shall
24constitute proof of disability for purposes of this Act.
25Issuance of an Illinois Person with a Disability Identification
26Card stating that the claimant is under a Class 2 disability,

 

 

HB4102- 3 -LRB099 06248 HLH 26316 b

1as defined in Section 4A of the Illinois Identification Card
2Act, shall constitute proof that the person named thereon is a
3disabled person for purposes of this Act. A disabled person not
4covered under the Federal Social Security Act and not
5presenting an Illinois Person with a Disability Identification
6Card stating that the claimant is under a Class 2 disability
7shall be examined by a physician designated by the Department,
8and his status as a disabled person determined using the same
9standards as used by the Social Security Administration. The
10costs of any required examination shall be borne by the
11claimant.
12    (c) For land improved with (i) an apartment building owned
13and operated as a cooperative or (ii) a life care facility as
14defined under Section 2 of the Life Care Facilities Act that is
15considered to be a cooperative, the maximum reduction from the
16value of the property, as equalized or assessed by the
17Department, shall be multiplied by the number of apartments or
18units occupied by a disabled person. The disabled person shall
19receive the homestead exemption upon meeting the following
20requirements:
21        (1) The property must be occupied as the primary
22    residence by the disabled person.
23        (2) The disabled person must be liable by contract with
24    the owner or owners of record for paying the apportioned
25    property taxes on the property of the cooperative or life
26    care facility. In the case of a life care facility, the

 

 

HB4102- 4 -LRB099 06248 HLH 26316 b

1    disabled person must be liable for paying the apportioned
2    property taxes under a life care contract as defined in
3    Section 2 of the Life Care Facilities Act.
4        (3) The disabled person must be an owner of record of a
5    legal or equitable interest in the cooperative apartment
6    building. A leasehold interest does not meet this
7    requirement.
8If a homestead exemption is granted under this subsection, the
9cooperative association or management firm shall credit the
10savings resulting from the exemption to the apportioned tax
11liability of the qualifying disabled person. The chief county
12assessment officer may request reasonable proof that the
13association or firm has properly credited the exemption. A
14person who willfully refuses to credit an exemption to the
15qualified disabled person is guilty of a Class B misdemeanor.
16    (d) The chief county assessment officer shall determine the
17eligibility of property to receive the homestead exemption
18according to guidelines established by the Department. After a
19person has received an exemption under this Section, an annual
20verification of eligibility for the exemption shall be mailed
21to the taxpayer.
22    In counties with fewer than 3,000,000 inhabitants, the
23chief county assessment officer shall provide to each person
24granted a homestead exemption under this Section a form to
25designate any other person to receive a duplicate of any notice
26of delinquency in the payment of taxes assessed and levied

 

 

HB4102- 5 -LRB099 06248 HLH 26316 b

1under this Code on the person's qualifying property. The
2duplicate notice shall be in addition to the notice required to
3be provided to the person receiving the exemption and shall be
4given in the manner required by this Code. The person filing
5the request for the duplicate notice shall pay an
6administrative fee of $5 to the chief county assessment
7officer. The assessment officer shall then file the executed
8designation with the county collector, who shall issue the
9duplicate notices as indicated by the designation. A
10designation may be rescinded by the disabled person in the
11manner required by the chief county assessment officer.
12    (e) A taxpayer who claims an exemption under Section 15-165
13or 15-169 may not claim an exemption under this Section.
14(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
15eff. 7-13-12; 97-1064, eff. 1-1-13; 98-104, eff. 7-22-13.)
 
16    (35 ILCS 200/15-170)
17    Sec. 15-170. Senior Citizens Homestead Exemption. An
18annual homestead exemption limited, except as described here
19with relation to cooperatives or life care facilities, to a
20maximum reduction set forth below from the property's value, as
21equalized or assessed by the Department, is granted for
22property that is occupied as a residence by a person 65 years
23of age or older who is liable for paying real estate taxes on
24the property and is an owner of record of the property or has a
25legal or equitable interest therein as evidenced by a written

 

 

HB4102- 6 -LRB099 06248 HLH 26316 b

1instrument, except for a leasehold interest, other than a
2leasehold interest of land on which a single family residence
3is located, which is occupied as a residence by a person 65
4years or older who has an ownership interest therein, legal,
5equitable or as a lessee, and on which he or she is liable for
6the payment of property taxes. Before taxable year 2004, the
7maximum reduction shall be $2,500 in counties with 3,000,000 or
8more inhabitants and $2,000 in all other counties. For taxable
9years 2004 through 2005, the maximum reduction shall be $3,000
10in all counties. For taxable years 2006 and 2007, the maximum
11reduction shall be $3,500. For taxable years 2008 through 2011,
12the maximum reduction is $4,000 in all counties. For taxable
13year 2012, the maximum reduction is $5,000 in counties with
143,000,000 or more inhabitants and $4,000 in all other counties.
15For taxable years 2013 and thereafter, the maximum reduction is
16$5,000 in all counties.
17    For land improved with an apartment building owned and
18operated as a cooperative, the maximum reduction from the value
19of the property, as equalized by the Department, shall be
20multiplied by the number of apartments or units occupied by a
21person 65 years of age or older who is liable, by contract with
22the owner or owners of record, for paying property taxes on the
23property and is an owner of record of a legal or equitable
24interest in the cooperative apartment building, other than a
25leasehold interest. For land improved with a life care
26facility, the maximum reduction from the value of the property,

 

 

HB4102- 7 -LRB099 06248 HLH 26316 b

1as equalized by the Department, shall be multiplied by the
2number of apartments or units occupied by persons 65 years of
3age or older, irrespective of any legal, equitable, or
4leasehold interest in the facility, who are liable, under a
5contract with the owner or owners of record of the facility,
6for paying property taxes on the property. In a cooperative or
7a life care facility where a homestead exemption has been
8granted, the cooperative association or the management firm of
9the cooperative or facility shall credit the savings resulting
10from that exemption only to the apportioned tax liability of
11the owner or resident who qualified for the exemption. Any
12person who willfully refuses to so credit the savings shall be
13guilty of a Class B misdemeanor. Under this Section and
14Sections 15-175, 15-176, and 15-177, "life care facility" means
15a facility, as defined in Section 2 of the Life Care Facilities
16Act, with which the applicant for the homestead exemption has a
17life care contract as defined in that Act.
18    When a homestead exemption has been granted under this
19Section and the person qualifying subsequently becomes a
20resident of a facility licensed under the Assisted Living and
21Shared Housing Act, the Nursing Home Care Act, the Specialized
22Mental Health Rehabilitation Act of 2013, or the ID/DD
23Community Care Act, or certified as a supportive living
24facility under Section 5-5.01a of the Illinois Public Aid Code,
25the exemption shall continue so long as the residence continues
26to be occupied by the qualifying person's spouse if the spouse

 

 

HB4102- 8 -LRB099 06248 HLH 26316 b

1is 65 years of age or older, or if the residence remains
2unoccupied but is still owned by the person qualified for the
3homestead exemption.
4    A person who will be 65 years of age during the current
5assessment year shall be eligible to apply for the homestead
6exemption during that assessment year. Application shall be
7made during the application period in effect for the county of
8his residence.
9    Beginning with assessment year 2003, for taxes payable in
102004, property that is first occupied as a residence after
11January 1 of any assessment year by a person who is eligible
12for the senior citizens homestead exemption under this Section
13must be granted a pro-rata exemption for the assessment year.
14The amount of the pro-rata exemption is the exemption allowed
15in the county under this Section divided by 365 and multiplied
16by the number of days during the assessment year the property
17is occupied as a residence by a person eligible for the
18exemption under this Section. The chief county assessment
19officer must adopt reasonable procedures to establish
20eligibility for this pro-rata exemption.
21    The assessor or chief county assessment officer may
22determine the eligibility of a life care facility to receive
23the benefits provided by this Section, by affidavit,
24application, visual inspection, questionnaire or other
25reasonable methods in order to insure that the tax savings
26resulting from the exemption are credited by the management

 

 

HB4102- 9 -LRB099 06248 HLH 26316 b

1firm to the apportioned tax liability of each qualifying
2resident. The assessor may request reasonable proof that the
3management firm has so credited the exemption.
4    The chief county assessment officer of each county with
5less than 3,000,000 inhabitants shall provide to each person
6allowed a homestead exemption under this Section a form to
7designate any other person to receive a duplicate of any notice
8of delinquency in the payment of taxes assessed and levied
9under this Code on the property of the person receiving the
10exemption. The duplicate notice shall be in addition to the
11notice required to be provided to the person receiving the
12exemption, and shall be given in the manner required by this
13Code. The person filing the request for the duplicate notice
14shall pay a fee of $5 to cover administrative costs to the
15supervisor of assessments, who shall then file the executed
16designation with the county collector. Notwithstanding any
17other provision of this Code to the contrary, the filing of
18such an executed designation requires the county collector to
19provide duplicate notices as indicated by the designation. A
20designation may be rescinded by the person who executed such
21designation at any time, in the manner and form required by the
22chief county assessment officer.
23    The assessor or chief county assessment officer may
24determine the eligibility of residential property to receive
25the homestead exemption provided by this Section by
26application, visual inspection, questionnaire or other

 

 

HB4102- 10 -LRB099 06248 HLH 26316 b

1reasonable methods. The determination shall be made in
2accordance with guidelines established by the Department.
3    In counties with 3,000,000 or more inhabitants, beginning
4in taxable year 2010, each taxpayer who has been granted an
5exemption under this Section must reapply on an annual basis.
6The chief county assessment officer shall mail the application
7to the taxpayer. In counties with less than 3,000,000
8inhabitants, the county board may by resolution provide that if
9a person has been granted a homestead exemption under this
10Section, the person qualifying need not reapply for the
11exemption.
12    In counties with less than 3,000,000 inhabitants, if the
13assessor or chief county assessment officer requires annual
14application for verification of eligibility for an exemption
15once granted under this Section, the application shall be
16mailed to the taxpayer.
17    The assessor or chief county assessment officer shall
18notify each person who qualifies for an exemption under this
19Section that the person may also qualify for deferral of real
20estate taxes under the Senior Citizens Real Estate Tax Deferral
21Act. The notice shall set forth the qualifications needed for
22deferral of real estate taxes, the address and telephone number
23of county collector, and a statement that applications for
24deferral of real estate taxes may be obtained from the county
25collector.
26    Notwithstanding Sections 6 and 8 of the State Mandates Act,

 

 

HB4102- 11 -LRB099 06248 HLH 26316 b

1no reimbursement by the State is required for the
2implementation of any mandate created by this Section.
3(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
4eff. 7-13-12; 98-7, eff. 4-23-13; 98-104, eff. 7-22-13; 98-756,
5eff. 7-16-14.)
 
6    (35 ILCS 200/15-172)
7    Sec. 15-172. Senior Citizens Assessment Freeze Homestead
8Exemption.
9    (a) This Section may be cited as the Senior Citizens
10Assessment Freeze Homestead Exemption.
11    (b) As used in this Section:
12    "Applicant" means an individual who has filed an
13application under this Section.
14    "Base amount" means the base year equalized assessed value
15of the residence plus the first year's equalized assessed value
16of any added improvements which increased the assessed value of
17the residence after the base year.
18    "Base year" means the taxable year prior to the taxable
19year for which the applicant first qualifies and applies for
20the exemption provided that in the prior taxable year the
21property was improved with a permanent structure that was
22occupied as a residence by the applicant who was liable for
23paying real property taxes on the property and who was either
24(i) an owner of record of the property or had legal or
25equitable interest in the property as evidenced by a written

 

 

HB4102- 12 -LRB099 06248 HLH 26316 b

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

 

 

HB4102- 13 -LRB099 06248 HLH 26316 b

1    "Equalized assessed value" means the assessed value as
2equalized by the Illinois Department of Revenue.
3    "Household" means the applicant, the spouse of the
4applicant, and all persons using the residence of the applicant
5as their principal place of residence.
6    "Household income" means the combined income of the members
7of a household for the calendar year preceding the taxable
8year.
9    "Income" has the same meaning as provided in Section 3.07
10of the Senior Citizens and Disabled Persons Property Tax Relief
11Act, except that, beginning in assessment year 2001, "income"
12does not include veteran's benefits.
13    "Internal Revenue Code of 1986" means the United States
14Internal Revenue Code of 1986 or any successor law or laws
15relating to federal income taxes in effect for the year
16preceding the taxable year.
17    "Life care facility that qualifies as a cooperative" means
18a facility as defined in Section 2 of the Life Care Facilities
19Act.
20    "Maximum income limitation" means:
21        (1) $35,000 prior to taxable year 1999;
22        (2) $40,000 in taxable years 1999 through 2003;
23        (3) $45,000 in taxable years 2004 through 2005;
24        (4) $50,000 in taxable years 2006 and 2007; and
25        (5) $55,000 in taxable year 2008 and thereafter.
26    "Residence" means the principal dwelling place and

 

 

HB4102- 14 -LRB099 06248 HLH 26316 b

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

 

 

HB4102- 15 -LRB099 06248 HLH 26316 b

1that does not exceed the maximum income limitation, (iii) has a
2legal or equitable ownership interest in the property as
3lessee, and (iv) is liable for the payment of real property
4taxes on that property.
5    In counties of 3,000,000 or more inhabitants, the amount of
6the exemption for all taxable years is the equalized assessed
7value of the residence in the taxable year for which
8application is made minus the base amount. In all other
9counties, the amount of the exemption is as follows: (i)
10through taxable year 2005 and for taxable year 2007 and
11thereafter, the amount of this exemption shall be the equalized
12assessed value of the residence in the taxable year for which
13application is made minus the base amount; and (ii) for taxable
14year 2006, the amount of the exemption is as follows:
15        (1) For an applicant who has a household income of
16    $45,000 or less, the amount of the exemption is the
17    equalized assessed value of the residence in the taxable
18    year for which application is made minus the base amount.
19        (2) For an applicant who has a household income
20    exceeding $45,000 but not exceeding $46,250, the amount of
21    the exemption is (i) the equalized assessed value of the
22    residence in the taxable year for which application is made
23    minus the base amount (ii) multiplied by 0.8.
24        (3) For an applicant who has a household income
25    exceeding $46,250 but not exceeding $47,500, the amount of
26    the exemption is (i) the equalized assessed value of the

 

 

HB4102- 16 -LRB099 06248 HLH 26316 b

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

 

 

HB4102- 17 -LRB099 06248 HLH 26316 b

1reduction from the equalized assessed value of the property is
2limited to the sum of the reductions calculated for each unit
3occupied as a residence by a person or persons (i) 65 years of
4age or older, (ii) with a household income that does not exceed
5the maximum income limitation, (iii) who is liable, by contract
6with the owner or owners of record, for paying real property
7taxes on the property, and (iv) who is an owner of record of a
8legal or equitable interest in the cooperative apartment
9building, other than a leasehold interest. In the instance of a
10cooperative where a homestead exemption has been granted under
11this Section, the cooperative association or its management
12firm shall credit the savings resulting from that exemption
13only to the apportioned tax liability of the owner who
14qualified for the exemption. Any person who willfully refuses
15to credit that savings to an owner who qualifies for the
16exemption is guilty of a Class B misdemeanor.
17    When a homestead exemption has been granted under this
18Section and an applicant then becomes a resident of a facility
19licensed under the Assisted Living and Shared Housing Act, the
20Nursing Home Care Act, the Specialized Mental Health
21Rehabilitation Act of 2013, or the ID/DD Community Care Act, or
22certified as a supportive living facility under Section 5-5.01a
23of the Illinois Public Aid Code, the exemption shall be granted
24in subsequent years so long as the residence (i) continues to
25be occupied by the qualified applicant's spouse or (ii) if
26remaining unoccupied, is still owned by the qualified applicant

 

 

HB4102- 18 -LRB099 06248 HLH 26316 b

1for the homestead exemption.
2    Beginning January 1, 1997, when an individual dies who
3would have qualified for an exemption under this Section, and
4the surviving spouse does not independently qualify for this
5exemption because of age, the exemption under this Section
6shall be granted to the surviving spouse for the taxable year
7preceding and the taxable year of the death, provided that,
8except for age, the surviving spouse meets all other
9qualifications for the granting of this exemption for those
10years.
11    When married persons maintain separate residences, the
12exemption provided for in this Section may be claimed by only
13one of such persons and for only one residence.
14    For taxable year 1994 only, in counties having less than
153,000,000 inhabitants, to receive the exemption, a person shall
16submit an application by February 15, 1995 to the Chief County
17Assessment Officer of the county in which the property is
18located. In counties having 3,000,000 or more inhabitants, for
19taxable year 1994 and all subsequent taxable years, to receive
20the exemption, a person may submit an application to the Chief
21County Assessment Officer of the county in which the property
22is located during such period as may be specified by the Chief
23County Assessment Officer. The Chief County Assessment Officer
24in counties of 3,000,000 or more inhabitants shall annually
25give notice of the application period by mail or by
26publication. In counties having less than 3,000,000

 

 

HB4102- 19 -LRB099 06248 HLH 26316 b

1inhabitants, beginning with taxable year 1995 and thereafter,
2to receive the exemption, a person shall submit an application
3by July 1 of each taxable year to the Chief County Assessment
4Officer of the county in which the property is located. A
5county may, by ordinance, establish a date for submission of
6applications that is different than July 1. The applicant shall
7submit with the application an affidavit of the applicant's
8total household income, age, marital status (and if married the
9name and address of the applicant's spouse, if known), and
10principal dwelling place of members of the household on January
111 of the taxable year. The Department shall establish, by rule,
12a method for verifying the accuracy of affidavits filed by
13applicants under this Section, and the Chief County Assessment
14Officer may conduct audits of any taxpayer claiming an
15exemption under this Section to verify that the taxpayer is
16eligible to receive the exemption. Each application shall
17contain or be verified by a written declaration that it is made
18under the penalties of perjury. A taxpayer's signing a
19fraudulent application under this Act is perjury, as defined in
20Section 32-2 of the Criminal Code of 2012. The applications
21shall be clearly marked as applications for the Senior Citizens
22Assessment Freeze Homestead Exemption and must contain a notice
23that any taxpayer who receives the exemption is subject to an
24audit by the Chief County Assessment Officer.
25    Notwithstanding any other provision to the contrary, in
26counties having fewer than 3,000,000 inhabitants, if an

 

 

HB4102- 20 -LRB099 06248 HLH 26316 b

1applicant fails to file the application required by this
2Section in a timely manner and this failure to file is due to a
3mental or physical condition sufficiently severe so as to
4render the applicant incapable of filing the application in a
5timely manner, the Chief County Assessment Officer may extend
6the filing deadline for a period of 30 days after the applicant
7regains the capability to file the application, but in no case
8may the filing deadline be extended beyond 3 months of the
9original filing deadline. In order to receive the extension
10provided in this paragraph, the applicant shall provide the
11Chief County Assessment Officer with a signed statement from
12the applicant's physician stating the nature and extent of the
13condition, that, in the physician's opinion, the condition was
14so severe that it rendered the applicant incapable of filing
15the application in a timely manner, and the date on which the
16applicant regained the capability to file the application.
17    Beginning January 1, 1998, notwithstanding any other
18provision to the contrary, in counties having fewer than
193,000,000 inhabitants, if an applicant fails to file the
20application required by this Section in a timely manner and
21this failure to file is due to a mental or physical condition
22sufficiently severe so as to render the applicant incapable of
23filing the application in a timely manner, the Chief County
24Assessment Officer may extend the filing deadline for a period
25of 3 months. In order to receive the extension provided in this
26paragraph, the applicant shall provide the Chief County

 

 

HB4102- 21 -LRB099 06248 HLH 26316 b

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

 

 

HB4102- 22 -LRB099 06248 HLH 26316 b

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

 

 

HB4102- 23 -LRB099 06248 HLH 26316 b

1    (d) Each Chief County Assessment Officer shall annually
2publish a notice of availability of the exemption provided
3under this Section. The notice shall be published at least 60
4days but no more than 75 days prior to the date on which the
5application must be submitted to the Chief County Assessment
6Officer of the county in which the property is located. The
7notice shall appear in a newspaper of general circulation in
8the county.
9    Notwithstanding Sections 6 and 8 of the State Mandates Act,
10no reimbursement by the State is required for the
11implementation of any mandate created by this Section.
12(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-689,
13eff. 6-14-12; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13;
1498-104, eff. 7-22-13.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.