Full Text of SB3030 93rd General Assembly
SB3030sam001 93RD GENERAL ASSEMBLY
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Sen. Louis S. Viverito
Filed: 2/27/2004
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| AMENDMENT TO SENATE BILL 3030
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| AMENDMENT NO. ______. Amend Senate Bill 3030 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Property Tax Code is amended by adding | 5 |
| Division 14 to Article 10 as follows: | 6 |
| (35 ILCS 200/Art. 10 Div. 14 heading new) | 7 |
| DIVISION 14. LONGTIME OWNER-OCCUPANT PROPERTY | 8 |
| (35 ILCS 200/10-400 new) | 9 |
| Sec. 10-400. Definitions. As used in this Division: | 10 |
| "High-assessment area" means an area within a municipality | 11 |
| in which the average assessed value in the year of the most | 12 |
| recent general assessment, as defined in Section 1-65, is 120% | 13 |
| or more of the average assessed value in that area for the | 14 |
| previous year of a general assessment as a consequence of the | 15 |
| renovation of deteriorating residences or the construction of | 16 |
| new residences.
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| "Longtime owner-occupant" means (i) a person who for at | 18 |
| least 10 continuous years has owned and has occupied the same | 19 |
| dwelling place as a principal residence and domicile or (ii) | 20 |
| any person who for at least 5 years has owned and occupied the | 21 |
| same dwelling place as a principal residence and domicile if | 22 |
| that person received assistance in the acquisition of the | 23 |
| property as part of a government or nonprofit housing program. |
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| "Principal residence" means the dwelling place of a person, | 2 |
| including the principal house and lot, and any lots that are | 3 |
| used in connection with the principal house and lot that | 4 |
| contribute to its enjoyment, comfort, and convenience. For | 5 |
| purposes of this Division, the term also includes a building | 6 |
| with a maximum of one commercial establishment and a building | 7 |
| with a maximum of 3 residential units of which one residential | 8 |
| unit must be the principal residence of the longtime | 9 |
| owner-occupant. | 10 |
| (35 ILCS 200/10-405 new) | 11 |
| Sec. 10-405. Designation of high-assessment areas. | 12 |
| (a) Each municipality must designate each high-assessment | 13 |
| area within its borders. Before making these designations, the | 14 |
| corporate authorities must conduct a public hearing. The | 15 |
| corporate authorities must publish a notice of the public | 16 |
| hearing in a newspaper of general circulation within the | 17 |
| municipality and provide actual notice to each taxing district. | 18 |
| (b) If an area is designated as a high-assessment area, it | 19 |
| shall retain that designation until the third general | 20 |
| assessment following the designation. Thereafter, the | 21 |
| municipality must redesignate the area, if qualified.
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| (c) The provisions of this Section are judicially | 23 |
| enforceable by any interested property owner. | 24 |
| (35 ILCS 200/10-410 new) | 25 |
| Sec. 10-410. Qualifications; applications. | 26 |
| (a) The assessment procedures under Section 10-415 are | 27 |
| limited to real property meeting all of the following | 28 |
| conditions: | 29 |
| (1) The property is owned and occupied by a longtime
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| owner-occupant. | 31 |
| (2) The property is the principal residence and
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| domicile of the longtime owner-occupant. |
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| (3) The property is located within an area that has | 2 |
| been designated by a municipality as a high-assessment | 3 |
| area. | 4 |
| (b) To receive the assessment procedure provided for in | 5 |
| Section 10-415, the person liable for taxes on that property | 6 |
| that meets the qualifications under subsection (a) must file a | 7 |
| verified application requesting the assessment procedure with | 8 |
| the chief county assessment officer of the county in which the | 9 |
| land is located. | 10 |
| The application must be in the form prescribed by the | 11 |
| Department of Revenue and contain any information that may | 12 |
| reasonably be required to determine whether the applicant meets | 13 |
| the requirements of subsection (a). If the application shows | 14 |
| the applicant is entitled to the assessment procedure, then the | 15 |
| chief county assessment officer shall approve it; otherwise, he | 16 |
| or she shall reject the application. | 17 |
| When an application has been filed with and approved by the | 18 |
| chief county assessment officer, he or she must determine the | 19 |
| valuation of the property as described in Section 10-415. The | 20 |
| county clerk, in preparing assessment books, lists, and blanks | 21 |
| under Section 9-100, shall include columns for indicating the | 22 |
| approval of an application filed under this Section and for | 23 |
| setting out the valuations made as otherwise permitted by law, | 24 |
| and under Section 10-415. | 25 |
| (35 ILCS 200/10-415 new) | 26 |
| Sec. 10-415. Assessment of approved property. | 27 |
| (a) The chief county assessment officer shall establish the | 28 |
| assessed value for real property for which an application has | 29 |
| been approved under Section 10-410 in the following manner: | 30 |
| For the first taxable year for which the application is | 31 |
| approved, the value of the qualified property may not be | 32 |
| more than 105% of the assessed value prior to the most | 33 |
| recent general assessment. |
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| At each subsequent general assessment thereafter, the | 2 |
| assessed value of the qualified property may not increase | 3 |
| more than 5%. | 4 |
| Except as otherwise provided in this Section, the | 5 |
| qualified property may not be reassessed at any time other | 6 |
| than at a general assessment. | 7 |
| (b) If, after an application has been approved under | 8 |
| Section 10-410, the qualified property is improved and the | 9 |
| improvements increase the fair cash value of the property by | 10 |
| more than $15,000, then the assessed value of the property may | 11 |
| be increased to reflect the increase of the fair cash value of | 12 |
| the property that is over and above $15,000. | 13 |
| (c) If, after an application has been approved under | 14 |
| Section 10-410, the property is sold or otherwise transferred | 15 |
| or is no longer qualified property, then the provisions of this | 16 |
| Section do not apply to the property and the property may be | 17 |
| reassessed at any time in accordance with Article 9 of this | 18 |
| Act. | 19 |
| (35 ILCS 200/10-420 new) | 20 |
| Sec. 10-420. Home rule; mandates. | 21 |
| (a) A home rule municipality may not act in a manner | 22 |
| inconsistent with this Section. This Section is a limitation | 23 |
| under subsection (i) of Section 6 of Article VII of the | 24 |
| Illinois Constitution on the concurrent exercise by home rule | 25 |
| units of powers and functions exercised by the State. | 26 |
| (b) Notwithstanding Sections 6 and 8 of the State Mandates | 27 |
| Act, no reimbursement by the State is required for the | 28 |
| implementation of any mandate created by this Section.
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| Section 90. The State Mandates Act is amended by adding | 30 |
| Section 8.28 as
follows:
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| (30 ILCS 805/8.28 new)
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| Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | 2 |
| of this
Act, no reimbursement by the State is required for the | 3 |
| implementation of
any mandate created by Division 14 of Article | 4 |
| 10 of the Property Tax Code.
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.".
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