Full Text of HB4916 95th General Assembly
HB4916 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4916
Introduced , by Rep. Brent Hassert - Tom Cross - JoAnn D. Osmond SYNOPSIS AS INTRODUCED: |
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Amends the Property Tax Code. Provides that if, in order to qualify for a property-tax exemption, the taxpayer must have an income that is at or below a certain amount, then, for the purposes of that exemption, the term "income" does not include any Social Security benefit unless expressly stated otherwise. Increases the maximum reduction under the Senior Citizens Homestead Exemption from $4,000 to $5,500 for taxable year 2008 and indexes the reduction to the Consumer Price Index. Includes disabled persons within the
provisions granting an assessment freeze homestead exemption to senior
citizens and changes the title of the exemption to the Senior Citizens and Disabled Persons
Assessment Freeze Homestead Exemption. Decreases the age limit to qualify for the exemption from 65 years of age to 55 years of age. Increases the maximum income limitation under the exemption. Requires the county clerk to abate the taxes levied by a school district on each parcel of qualified homestead property
that is owned
by a taxpayer who is 65 years of age or older and who had an annual household income of $35,000 or less for the previous taxable year. Amends the School Code. Subject to appropriation, requires the State Board of Education to reimburse each school district for any revenue lost due to the property tax abatement. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB4916 |
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LRB095 18442 BDD 45381 b |
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| AN ACT concerning revenue.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Property Tax Code is amended by changing | 5 |
| Sections 14-20, 15-170, and 15-172 and by adding Sections 15-7 | 6 |
| and 18-179 as follows: | 7 |
| (35 ILCS 200/14-20)
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| Sec. 14-20. Certificate of error; counties of less than | 9 |
| 3,000,000. In any
county with less than 3,000,000 inhabitants, | 10 |
| if, at any time before judgment or
order of sale is entered in | 11 |
| any proceeding to collect or to enjoin the
collection of taxes | 12 |
| based upon any assessment of any property, the chief county
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| assessment officer discovers an error or mistake in the | 14 |
| assessment (other than
errors of judgment as to the valuation | 15 |
| of the property), he or she shall issue
to the person | 16 |
| erroneously assessed a certificate setting forth the nature of
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| the error and the cause or causes of the error.
In any county | 18 |
| with less than 3,000,000 inhabitants, if an owner fails to
file
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| an application for the Senior Citizens and Disabled Persons
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| Assessment
Freeze Homestead Exemption
provided in Section | 21 |
| 15-172 during the previous assessment year and qualifies
for | 22 |
| the exemption, the Chief County Assessment Officer pursuant to | 23 |
| this
Section,
or the Board of Review pursuant to Section 16-75, |
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HB4916 |
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| shall issue a
certificate of error setting forth the correct | 2 |
| taxable valuation of the
property.
The certificate, when | 3 |
| properly
endorsed by the majority of the board of review, | 4 |
| showing their concurrence, and
not otherwise, may be used in | 5 |
| evidence in any court of competent jurisdiction,
and when so | 6 |
| introduced in evidence, shall become a part of the court record | 7 |
| and
shall not be removed from the files except on an order of | 8 |
| the court.
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| (Source: P.A. 90-552, eff. 12-12-97; 91-377, eff. 7-30-99.)
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| (35 ILCS 200/15-7 new) | 11 |
| Sec. 15-7. Income limits; Social Security. Beginning with | 12 |
| the 2008 assessment year, if, in order to qualify for an | 13 |
| exemption under this Article 15, the taxpayer must have an | 14 |
| income that is at or below a certain amount, then, for the | 15 |
| purposes of that exemption, the term "income" does not include | 16 |
| any Social Security benefit unless expressly stated otherwise.
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| (35 ILCS 200/15-170)
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| Sec. 15-170. Senior Citizens Homestead Exemption. An | 19 |
| annual homestead
exemption limited, except as described here | 20 |
| with relation to cooperatives or
life care facilities, to a
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| maximum reduction set forth below from the property's value, as | 22 |
| equalized or
assessed by the Department, is granted for | 23 |
| property that is occupied as a
residence by a person 65 years | 24 |
| of age or older who is liable for paying real
estate taxes on |
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| the property and is an owner of record of the property or has a
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| legal or equitable interest therein as evidenced by a written | 3 |
| instrument,
except for a leasehold interest, other than a | 4 |
| leasehold interest of land on
which a single family residence | 5 |
| is located, which is occupied as a residence by
a person 65 | 6 |
| years or older who has an ownership interest therein, legal,
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| equitable or as a lessee, and on which he or she is liable for | 8 |
| the payment
of property taxes. The maximum amount of the | 9 |
| reduction under this Section is as follows: | 10 |
| (1) Before taxable year 2004, the maximum reduction | 11 |
| shall be $2,500 in counties with
3,000,000 or more | 12 |
| inhabitants and $2,000 in all other counties. | 13 |
| (2) For taxable years 2004 through 2005, the maximum | 14 |
| reduction shall be $3,000 in all counties. | 15 |
| (3) For taxable years 2006 and 2007, the maximum | 16 |
| reduction shall be $3,500 . and, for | 17 |
| (4) For taxable year years 2008 and thereafter , the | 18 |
| maximum reduction is $5,500 $4,000 in all counties. | 19 |
| (5) For taxable years 2009 and thereafter, the maximum | 20 |
| reduction is the maximum reduction for the prior taxable | 21 |
| year increased by the annual rate of increase, for the | 22 |
| previous
calendar year, of the Consumer Price Index for All | 23 |
| Urban
Consumers for all items, published by the United | 24 |
| States
Bureau of Labor Statistics. | 25 |
| For land
improved with an apartment building owned and | 26 |
| operated as a cooperative, the maximum reduction from the value |
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| of the property, as
equalized
by the Department, shall be | 2 |
| multiplied by the number of apartments or units
occupied by a | 3 |
| person 65 years of age or older who is liable, by contract with
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| the owner or owners of record, for paying property taxes on the | 5 |
| property and
is an owner of record of a legal or equitable | 6 |
| interest in the cooperative
apartment building, other than a | 7 |
| leasehold interest. For land improved with
a life care | 8 |
| facility, the maximum reduction from the value of the property, | 9 |
| as
equalized by the Department, shall be multiplied by the | 10 |
| number of apartments or
units occupied by persons 65 years of | 11 |
| age or older, irrespective of any legal,
equitable, or | 12 |
| leasehold interest in the facility, who are liable, under a
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| contract with the owner or owners of record of the facility, | 14 |
| for paying
property taxes on the property. In a
cooperative or | 15 |
| a life care facility where a
homestead exemption has been | 16 |
| granted, the cooperative association or the
management firm of | 17 |
| the cooperative or facility shall credit the savings
resulting | 18 |
| from that exemption only to
the apportioned tax liability of | 19 |
| the owner or resident who qualified for
the exemption.
Any | 20 |
| person who willfully refuses to so credit the savings shall be | 21 |
| guilty of a
Class B misdemeanor. Under this Section and | 22 |
| Sections 15-175, 15-176, and 15-177 , "life care
facility" means | 23 |
| a facility , as defined in Section 2 of the Life Care Facilities
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| Act, with which the applicant for the homestead exemption has a | 25 |
| life care
contract as defined in that Act.
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| When a homestead exemption has been granted under this |
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| Section and the person
qualifying subsequently becomes a | 2 |
| resident of a facility licensed under the
Nursing Home Care | 3 |
| Act, the exemption shall continue so long as the residence
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| continues to be occupied by the qualifying person's spouse if | 5 |
| the spouse is 65
years of age or older, or if the residence | 6 |
| remains unoccupied but is still
owned by the person qualified | 7 |
| for the homestead exemption.
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| A person who will be 65 years of age
during the current | 9 |
| assessment year
shall
be eligible to apply for the homestead | 10 |
| exemption during that assessment
year.
Application shall be | 11 |
| made during the application period in effect for the
county of | 12 |
| his residence.
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| Beginning with assessment year 2003, for taxes payable in | 14 |
| 2004,
property
that is first occupied as a residence after | 15 |
| January 1 of any assessment year by
a person who is eligible | 16 |
| for the senior citizens homestead exemption under this
Section | 17 |
| must be granted a pro-rata exemption for the assessment year. | 18 |
| The
amount of the pro-rata exemption is the exemption
allowed | 19 |
| in the county under this Section divided by 365 and multiplied | 20 |
| by the
number of days during the assessment year the property | 21 |
| is occupied as a
residence by a
person eligible for the | 22 |
| exemption under this Section. The chief county
assessment | 23 |
| officer must adopt reasonable procedures to establish | 24 |
| eligibility
for this pro-rata exemption.
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| The assessor or chief county assessment officer may | 26 |
| determine the eligibility
of a life care facility to receive |
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| the benefits provided by this Section, by
affidavit, | 2 |
| application, visual inspection, questionnaire or other | 3 |
| reasonable
methods in order to insure that the tax savings | 4 |
| resulting from the exemption
are credited by the management | 5 |
| firm to the apportioned tax liability of each
qualifying | 6 |
| resident. The assessor may request reasonable proof that the
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| management firm has so credited the exemption.
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| The chief county assessment officer of each county with | 9 |
| less than 3,000,000
inhabitants shall provide to each person | 10 |
| allowed a homestead exemption under
this Section a form to | 11 |
| designate any other person to receive a
duplicate of any notice | 12 |
| of delinquency in the payment of taxes assessed and
levied | 13 |
| under this Code on the property of the person receiving the | 14 |
| exemption.
The duplicate notice shall be in addition to the | 15 |
| notice required to be
provided to the person receiving the | 16 |
| exemption, and shall be given in the
manner required by this | 17 |
| Code. The person filing the request for the duplicate
notice | 18 |
| shall pay a fee of $5 to cover administrative costs to the | 19 |
| supervisor of
assessments, who shall then file the executed | 20 |
| designation with the county
collector. Notwithstanding any | 21 |
| other provision of this Code to the contrary,
the filing of | 22 |
| such an executed designation requires the county collector to
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| provide duplicate notices as indicated by the designation. A | 24 |
| designation may
be rescinded by the person who executed such | 25 |
| designation at any time, in the
manner and form required by the | 26 |
| chief county assessment officer.
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| The assessor or chief county assessment officer may | 2 |
| determine the
eligibility of residential property to receive | 3 |
| the homestead exemption provided
by this Section by | 4 |
| application, visual inspection, questionnaire or other
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| reasonable methods. The determination shall be made in | 6 |
| accordance with
guidelines established by the Department.
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| In counties with less than 3,000,000 inhabitants, the | 8 |
| county board may by
resolution provide that if a person has | 9 |
| been granted a homestead exemption
under this Section, the | 10 |
| person qualifying need not reapply for the exemption.
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| In counties with less than 3,000,000 inhabitants, if the | 12 |
| assessor or chief
county assessment officer requires annual | 13 |
| application for verification of
eligibility for an exemption | 14 |
| once granted under this Section, the application
shall be | 15 |
| mailed to the taxpayer.
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| The assessor or chief county assessment officer shall | 17 |
| notify each person
who qualifies for an exemption under this | 18 |
| Section that the person may also
qualify for deferral of real | 19 |
| estate taxes under the Senior Citizens Real Estate
Tax Deferral | 20 |
| Act. The notice shall set forth the qualifications needed for
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| deferral of real estate taxes, the address and telephone number | 22 |
| of
county collector, and a
statement that applications for | 23 |
| deferral of real estate taxes may be obtained
from the county | 24 |
| collector.
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| Notwithstanding Sections 6 and 8 of the State Mandates Act, | 26 |
| no
reimbursement by the State is required for the |
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| implementation of any mandate
created by this Section.
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| (Source: P.A. 94-794, eff. 5-22-06; 95-644, eff. 10-12-07; | 3 |
| revised 11-2-07.)
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| (35 ILCS 200/15-172)
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| Sec. 15-172. Senior Citizens and Disabled Persons | 6 |
| Assessment Freeze Homestead Exemption.
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| (a) This Section may be cited as the Senior Citizens and | 8 |
| Disabled Persons Assessment
Freeze Homestead Exemption.
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| (b) As used in this Section:
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| "Applicant" means an individual who has filed an | 11 |
| application under this
Section.
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| "Base amount" means the base year equalized assessed value | 13 |
| of the residence
plus the first year's equalized assessed value | 14 |
| of any added improvements which
increased the assessed value of | 15 |
| the residence after the base year.
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| "Base year" means the taxable year prior to the taxable | 17 |
| year for which the
applicant first qualifies and applies for | 18 |
| the exemption provided that in the
prior taxable year the | 19 |
| property was improved with a permanent structure that
was | 20 |
| occupied as a residence by the applicant who was liable for | 21 |
| paying real
property taxes on the property and who was either | 22 |
| (i) an owner of record of the
property or had legal or | 23 |
| equitable interest in the property as evidenced by a
written | 24 |
| instrument or (ii) had a legal or equitable interest as a | 25 |
| lessee in the
parcel of property that was single family |
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| residence.
If in any subsequent taxable year for which the | 2 |
| applicant applies and
qualifies for the exemption the equalized | 3 |
| assessed value of the residence is
less than the equalized | 4 |
| assessed value in the existing base year
(provided that such | 5 |
| equalized assessed value is not
based
on an
assessed value that | 6 |
| results from a temporary irregularity in the property that
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| reduces the
assessed value for one or more taxable years), then | 8 |
| that
subsequent taxable year shall become the base year until a | 9 |
| new base year is
established under the terms of this paragraph. | 10 |
| For taxable year 1999 only, the
Chief County Assessment Officer | 11 |
| shall review (i) all taxable years for which
the
applicant | 12 |
| applied and qualified for the exemption and (ii) the existing | 13 |
| base
year.
The assessment officer shall select as the new base | 14 |
| year the year with the
lowest equalized assessed value.
An | 15 |
| equalized assessed value that is based on an assessed value | 16 |
| that results
from a
temporary irregularity in the property that | 17 |
| reduces the assessed value for one
or more
taxable years shall | 18 |
| not be considered the lowest equalized assessed value.
The | 19 |
| selected year shall be the base year for
taxable year 1999 and | 20 |
| thereafter until a new base year is established under the
terms | 21 |
| of this paragraph.
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| "Chief County Assessment Officer" means the County | 23 |
| Assessor or Supervisor of
Assessments of the county in which | 24 |
| the property is located.
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| "Disabled person" means a person unable to
engage in any | 26 |
| substantial gainful activity by reason of a medically
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| determinable physical
or mental impairment that (i) can be | 2 |
| expected to result in death or (ii) has
lasted or can be
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| expected to last for a continuous period of not less than 12 | 4 |
| months. Disabled
persons
applying for the exemption under this | 5 |
| Section must submit proof of the
disability in the
manner | 6 |
| prescribed by the chief county assessment officer. Proof that | 7 |
| an
applicant is
eligible to receive disability benefits under | 8 |
| the federal Social Security Act
constitutes
proof of disability | 9 |
| for purposes of this Section. Issuance of an Illinois
Disabled | 10 |
| Person
Identification Card to the applicant stating that the | 11 |
| possessor is under a
Class 2 disability,
as defined in Section | 12 |
| 4A of the Illinois Identification Card Act, constitutes
proof | 13 |
| that the
person is a disabled person for purposes of this | 14 |
| Section. | 15 |
| "Equalized assessed value" means the assessed value as | 16 |
| equalized by the
Illinois Department of Revenue.
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| "Household" means the applicant, the spouse of the | 18 |
| applicant, and all persons
using the residence of the applicant | 19 |
| as their principal place of residence.
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| "Household income" means the combined income of the members | 21 |
| of a household
for the calendar year preceding the taxable | 22 |
| year.
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| "Income" has the same meaning as provided in Section 3.07 | 24 |
| of the Senior
Citizens and Disabled Persons Property Tax Relief | 25 |
| and Pharmaceutical Assistance
Act, except that, beginning in | 26 |
| assessment year 2001, "income" does not
include veteran's |
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| benefits.
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| "Internal Revenue Code of 1986" means the United States | 3 |
| Internal Revenue Code
of 1986 or any successor law or laws | 4 |
| relating to federal income taxes in effect
for the year | 5 |
| preceding the taxable year.
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| "Life care facility that qualifies as a cooperative" means | 7 |
| a facility as
defined in Section 2 of the Life Care Facilities | 8 |
| Act.
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| "Maximum income limitation" means: | 10 |
| (1) $35,000 prior
to taxable year 1999; | 11 |
| (2) $40,000 in taxable years 1999 through 2003; | 12 |
| (3) $45,000 in taxable years 2004 through 2005; | 13 |
| (4) $50,000 in taxable years 2006 and 2007; and | 14 |
| (5) $55,000 in taxable year 2008 ; and thereafter | 15 |
| (6) $55,000 for applicants who have occupied the | 16 |
| residence for less than 5 years and $75,000 for all other | 17 |
| applicants in taxable year 2009; and | 18 |
| (7) in taxable year 2010 and thereafter: | 19 |
| (A) for applicants who have occupied the residence | 20 |
| for 5 years, $75,000; and | 21 |
| (B) for applicants who have occupied the residence | 22 |
| for less than or more than 5 years, an amount equal to | 23 |
| the maximum income limitation for the immediately | 24 |
| prior taxable year increased by the lesser of (i) 2% or | 25 |
| (ii) the percentage increase during the immediately | 26 |
| prior taxable year in the Consumer Price Index for All |
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| Urban
Consumers for all items published by the United | 2 |
| States Department of Labor Bureau of Labor Statistics .
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| "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
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| 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.
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| "Taxable year" means the calendar year during which ad | 14 |
| valorem property taxes
payable in the next succeeding year are | 15 |
| levied.
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| (c) Beginning in (1) taxable year 1994 for , a senior | 17 |
| citizens and (2) taxable year 2008 for disabled persons, an | 18 |
| assessment freeze
homestead exemption is granted for real | 19 |
| property that is improved with a
permanent structure that is | 20 |
| occupied as a residence by an applicant who (i) is 55
65 years | 21 |
| of age or older during the taxable year, (ii) has a household | 22 |
| income that does not exceed the maximum income limitation, | 23 |
| (iii) is liable for paying real property taxes on
the
property, | 24 |
| and (iv) is an owner of record of the property or has a legal or
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| equitable interest in the property as evidenced by a written | 26 |
| instrument. This
homestead exemption shall also apply to a |
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| leasehold interest in a parcel of
property improved with a | 2 |
| permanent structure that is a single family residence
that is | 3 |
| occupied as a residence by a person who (i) is 55 65 years of | 4 |
| age or older or is a disabled person
during the taxable year, | 5 |
| (ii) has a household income that does not exceed the maximum | 6 |
| income limitation,
(iii)
has a legal or equitable ownership | 7 |
| interest in the property as lessee, and (iv)
is liable for the | 8 |
| payment of real property taxes on that property.
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| In counties of 3,000,000 or more inhabitants, the amount of | 10 |
| the exemption for all taxable years is the equalized assessed | 11 |
| value of the
residence in the taxable year for which | 12 |
| application is made minus the base
amount. In all other | 13 |
| counties, the amount of the exemption is as follows: (i) | 14 |
| through taxable year 2005 and for taxable year 2007 and | 15 |
| thereafter, the amount of this exemption shall be the equalized | 16 |
| assessed value of the
residence in the taxable year for which | 17 |
| application is made minus the base
amount; and (ii) for
taxable | 18 |
| year 2006, the amount of the exemption is as follows:
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| (1) For an applicant who has a household income of | 20 |
| $45,000 or less, the amount of the exemption is the | 21 |
| equalized assessed value of the
residence in the taxable | 22 |
| year for which application is made minus the base
amount. | 23 |
| (2) For an applicant who has a household income | 24 |
| exceeding $45,000 but not exceeding $46,250, the amount of | 25 |
| the exemption is (i) the equalized assessed value of the
| 26 |
| residence in the taxable year for which application is made |
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| minus the base
amount (ii) multiplied by 0.8. | 2 |
| (3) For an applicant who has a household income | 3 |
| exceeding $46,250 but not exceeding $47,500, the amount of | 4 |
| the exemption is (i) the equalized assessed value of the
| 5 |
| residence in the taxable year for which application is made | 6 |
| minus the base
amount (ii) multiplied by 0.6. | 7 |
| (4) For an applicant who has a household income | 8 |
| exceeding $47,500 but not exceeding $48,750, the amount of | 9 |
| the exemption is (i) the equalized assessed value of the
| 10 |
| residence in the taxable year for which application is made | 11 |
| minus the base
amount (ii) multiplied by 0.4. | 12 |
| (5) For an applicant who has a household income | 13 |
| exceeding $48,750 but not exceeding $50,000, the amount of | 14 |
| the exemption is (i) the equalized assessed value of the
| 15 |
| residence in the taxable year for which application is made | 16 |
| minus the base
amount (ii) multiplied by 0.2.
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| When the applicant is a surviving spouse of an applicant | 18 |
| for a prior year for
the same residence for which an exemption | 19 |
| under this Section has been granted,
the base year and base | 20 |
| amount for that residence are the same as for the
applicant for | 21 |
| the prior year.
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| Each year at the time the assessment books are certified to | 23 |
| the County Clerk,
the Board of Review or Board of Appeals shall | 24 |
| give to the County Clerk a list
of the assessed values of | 25 |
| improvements on each parcel qualifying for this
exemption that | 26 |
| were added after the base year for this parcel and that
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| increased the assessed value of the property.
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| In the case of land improved with an apartment building | 3 |
| owned and operated as
a cooperative or a building that is a | 4 |
| life care facility that qualifies as a
cooperative, the maximum | 5 |
| reduction from the equalized assessed value of the
property is | 6 |
| limited to the sum of the reductions calculated for each unit
| 7 |
| occupied as a residence by a person or persons (i) 55 65 years | 8 |
| of age or older or is a disabled person , (ii) with a
household | 9 |
| income that does not exceed the maximum income limitation, | 10 |
| (iii) who is liable, by contract with the
owner
or owners of | 11 |
| record, for paying real property taxes on the property, and | 12 |
| (iv) who is
an owner of record of a legal or equitable interest | 13 |
| in the cooperative
apartment building, other than a leasehold | 14 |
| interest. In the instance of a
cooperative where a homestead | 15 |
| exemption has been granted under this Section,
the cooperative | 16 |
| association or its management firm shall credit the savings
| 17 |
| resulting from that exemption only to the apportioned tax | 18 |
| liability of the
owner who qualified for the exemption. Any | 19 |
| person who willfully refuses to
credit that savings to an owner | 20 |
| who qualifies for the exemption is guilty of a
Class B | 21 |
| misdemeanor.
| 22 |
| When a homestead exemption has been granted under this | 23 |
| Section and an
applicant then becomes a resident of a facility | 24 |
| licensed under the Nursing Home
Care Act, the exemption shall | 25 |
| be granted in subsequent years so long as the
residence (i) | 26 |
| continues to be occupied by the qualified applicant's spouse or
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| (ii) if remaining unoccupied, is still owned by the qualified | 2 |
| applicant for the
homestead exemption.
| 3 |
| Beginning January 1, 1997 for senior citizens and January | 4 |
| 1, 2008 for disabled persons , when an individual dies who would | 5 |
| have qualified
for an exemption under this Section, and the | 6 |
| surviving spouse does not
independently qualify for this | 7 |
| exemption because of age or nondisability , the exemption under
| 8 |
| this Section shall be granted to the surviving spouse for the | 9 |
| taxable year
preceding and the taxable
year of the death, | 10 |
| provided that, except for age or nondisability , the surviving | 11 |
| spouse meets
all
other qualifications for the granting of this | 12 |
| exemption for those years.
| 13 |
| When married persons maintain separate residences, the | 14 |
| exemption provided for
in this Section may be claimed by only | 15 |
| one of such persons and for only one
residence.
| 16 |
| For taxable year 1994 only, in counties having less than | 17 |
| 3,000,000
inhabitants, to receive the exemption, a person shall | 18 |
| submit an application by
February 15, 1995 to the Chief County | 19 |
| Assessment Officer
of the county in which the property is | 20 |
| located. In counties having 3,000,000
or more inhabitants, for | 21 |
| taxable year 1994 and all subsequent taxable years, to
receive | 22 |
| the exemption, a person
may submit an application to the Chief | 23 |
| County
Assessment Officer of the county in which the property | 24 |
| is located during such
period as may be specified by the Chief | 25 |
| County Assessment Officer. The Chief
County Assessment Officer | 26 |
| in counties of 3,000,000 or more inhabitants shall
annually |
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| give notice of the application period by mail or by | 2 |
| publication. In
counties having less than 3,000,000 | 3 |
| inhabitants, beginning with taxable year
1995 and thereafter, | 4 |
| to receive the exemption, a person
shall
submit an
application | 5 |
| by July 1 of each taxable year to the Chief County Assessment
| 6 |
| Officer of the county in which the property is located. A | 7 |
| county may, by
ordinance, establish a date for submission of | 8 |
| applications that is
different than
July 1.
The applicant shall | 9 |
| submit with the
application an affidavit of the applicant's | 10 |
| total household income, age,
marital status (and if married the | 11 |
| name and address of the applicant's spouse,
if known), | 12 |
| disability (if applying for the exemption as a disabled | 13 |
| person), and principal dwelling place of members of the | 14 |
| household on January
1 of the taxable year. The Department | 15 |
| shall establish, by rule, a method for
verifying the accuracy | 16 |
| of affidavits filed by applicants under this Section, and the | 17 |
| Chief County Assessment Officer may conduct audits of any | 18 |
| taxpayer claiming an exemption under this Section to verify | 19 |
| that the taxpayer is eligible to receive the exemption. Each | 20 |
| application shall contain or be verified by a written | 21 |
| declaration that it is made under the penalties of perjury. A | 22 |
| taxpayer's signing a fraudulent application under this Act is | 23 |
| perjury, as defined in Section 32-2 of the Criminal Code of | 24 |
| 1961.
The applications shall be clearly marked as applications | 25 |
| for the Senior
Citizens and Disabled Persons Assessment Freeze | 26 |
| Homestead Exemption and must contain a notice that any taxpayer |
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| who receives the exemption is subject to an audit by the Chief | 2 |
| County Assessment Officer.
| 3 |
| Notwithstanding any other provision to the contrary, in | 4 |
| counties having fewer
than 3,000,000 inhabitants, if an | 5 |
| applicant fails
to file the application required by this | 6 |
| Section in a timely manner and this
failure to file is due to a | 7 |
| mental or physical condition sufficiently severe so
as to | 8 |
| render the applicant incapable of filing the application in a | 9 |
| timely
manner, the Chief County Assessment Officer may extend | 10 |
| the filing deadline for
a period of 30 days after the applicant | 11 |
| regains the capability to file the
application, but in no case | 12 |
| may the filing deadline be extended beyond 3
months of the | 13 |
| original filing deadline. In order to receive the extension
| 14 |
| provided in this paragraph, the applicant shall provide the | 15 |
| Chief County
Assessment Officer with a signed statement from | 16 |
| the applicant's physician
stating the nature and extent of the | 17 |
| condition, that, in the
physician's opinion, the condition was | 18 |
| so severe that it rendered the applicant
incapable of filing | 19 |
| the application in a timely manner, and the date on which
the | 20 |
| applicant regained the capability to file the application.
| 21 |
| Beginning January 1, 1998, notwithstanding any other | 22 |
| provision to the
contrary, in counties having fewer than | 23 |
| 3,000,000 inhabitants, if an applicant
fails to file the | 24 |
| application required by this Section in a timely manner and
| 25 |
| this failure to file is due to a mental or physical condition | 26 |
| sufficiently
severe so as to render the applicant incapable of |
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| filing the application in a
timely manner, the Chief County | 2 |
| Assessment Officer may extend the filing
deadline for a period | 3 |
| of 3 months. In order to receive the extension provided
in this | 4 |
| paragraph, the applicant shall provide the Chief County | 5 |
| Assessment
Officer with a signed statement from the applicant's | 6 |
| physician stating the
nature and extent of the condition, and | 7 |
| that, in the physician's opinion, the
condition was so severe | 8 |
| that it rendered the applicant incapable of filing the
| 9 |
| application in a timely manner.
| 10 |
| In counties having less than 3,000,000 inhabitants, if an | 11 |
| applicant was
denied an exemption in taxable year 1994 and the | 12 |
| denial occurred due to an
error on the part of an assessment
| 13 |
| official, or his or her agent or employee, then beginning in | 14 |
| taxable year 1997
the
applicant's base year, for purposes of | 15 |
| determining the amount of the exemption,
shall be 1993 rather | 16 |
| than 1994. In addition, in taxable year 1997, the
applicant's | 17 |
| exemption shall also include an amount equal to (i) the amount | 18 |
| of
any exemption denied to the applicant in taxable year 1995 | 19 |
| as a result of using
1994, rather than 1993, as the base year, | 20 |
| (ii) the amount of any exemption
denied to the applicant in | 21 |
| taxable year 1996 as a result of using 1994, rather
than 1993, | 22 |
| as the base year, and (iii) the amount of the exemption | 23 |
| erroneously
denied for taxable year 1994.
| 24 |
| For purposes of this Section, a person who will be 55 65 | 25 |
| years of age or is a disabled person during the
current taxable | 26 |
| year shall be eligible to apply for the homestead exemption
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| during that taxable year. Application shall be made during the | 2 |
| application
period in effect for the county of his or her | 3 |
| residence.
| 4 |
| The Chief County Assessment Officer may determine the | 5 |
| eligibility of a life
care facility that qualifies as a | 6 |
| cooperative to receive the benefits
provided by this Section by | 7 |
| use of an affidavit, application, visual
inspection, | 8 |
| questionnaire, or other reasonable method in order to insure | 9 |
| that
the tax savings resulting from the exemption are credited | 10 |
| by the management
firm to the apportioned tax liability of each | 11 |
| qualifying resident. The Chief
County Assessment Officer may | 12 |
| request reasonable proof that the management firm
has so | 13 |
| credited that exemption.
| 14 |
| Except as provided in this Section, all information | 15 |
| received by the chief
county assessment officer or the | 16 |
| Department from applications filed under this
Section, or from | 17 |
| any investigation conducted under the provisions of this
| 18 |
| Section, shall be confidential, except for official purposes or
| 19 |
| pursuant to official procedures for collection of any State or | 20 |
| local tax or
enforcement of any civil or criminal penalty or | 21 |
| sanction imposed by this Act or
by any statute or ordinance | 22 |
| imposing a State or local tax. Any person who
divulges any such | 23 |
| information in any manner, except in accordance with a proper
| 24 |
| judicial order, is guilty of a Class A misdemeanor.
| 25 |
| Nothing contained in this Section shall prevent the | 26 |
| Director or chief county
assessment officer from publishing or |
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| making available reasonable statistics
concerning the | 2 |
| operation of the exemption contained in this Section in which
| 3 |
| the contents of claims are grouped into aggregates in such a | 4 |
| way that
information contained in any individual claim shall | 5 |
| not be disclosed.
| 6 |
| (d) Each Chief County Assessment Officer shall annually | 7 |
| publish a notice
of availability of the exemption provided | 8 |
| under this Section. The notice
shall be published at least 60 | 9 |
| days but no more than 75 days prior to the date
on which the | 10 |
| application must be submitted to the Chief County Assessment
| 11 |
| Officer of the county in which the property is located. The | 12 |
| notice shall
appear in a newspaper of general circulation in | 13 |
| the county.
| 14 |
| Notwithstanding Sections 6 and 8 of the State Mandates Act, | 15 |
| no reimbursement by the State is required for the | 16 |
| implementation of any mandate created by this Section.
| 17 |
| (Source: P.A. 94-794, eff. 5-22-06; 95-644, eff. 10-12-07.)
| 18 |
| (35 ILCS 200/18-179 new) | 19 |
| Sec. 18-179. Abatement of school district taxes for | 20 |
| eligible senior citizens. | 21 |
| (a) The county clerk shall abate the taxes levied by a | 22 |
| school district on each parcel of qualified homestead property
| 23 |
| that is owned
by an eligible senior citizen. | 24 |
| (b) The county clerk shall establish a procedure for | 25 |
| eligible senior citizens to apply for this abatement. |
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| (c) As used in this Section: | 2 |
| "Eligible senior citizen" means a taxpayer who is 65 years | 3 |
| of age or older and who had an annual household income of | 4 |
| $35,000 or less for the previous taxable year. | 5 |
| "Qualified homestead property" means a parcel of real | 6 |
| property that: | 7 |
| (1) is occupied by not more than 2 families; and | 8 |
| (2) is used as the
principal residence by an eligible | 9 |
| senior citizen. | 10 |
| "Annual household income" has the meaning set forth under | 11 |
| Section 15-172. | 12 |
| Section 10. The School Code is amended by adding Section | 13 |
| 2-3.148 as follows: | 14 |
| (105 ILCS 5/2-3.148 new)
| 15 |
| Sec. 2-3.148. Tax abatement reimbursements. The Board | 16 |
| shall, subject to appropriation, reimburse each school | 17 |
| district for any revenue lost due to the property tax abatement | 18 |
| under Section 18-179 of the Property Tax Code. | 19 |
| Section 90. The State Mandates Act is amended by adding | 20 |
| Section 8.32 as follows: | 21 |
| (30 ILCS 805/8.32 new) | 22 |
| Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 |
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| of this Act, no reimbursement by the State is required for the | 2 |
| implementation of any mandate created by this amendatory Act of | 3 |
| the 95th General Assembly.
| 4 |
| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 35 ILCS 200/14-20 |
|
| 4 |
| 35 ILCS 200/15-7 new |
|
| 5 |
| 35 ILCS 200/15-170 |
|
| 6 |
| 35 ILCS 200/15-172 |
|
| 7 |
| 35 ILCS 200/18-179 new |
|
| 8 |
| 105 ILCS 5/2-3.148 new |
|
| 9 |
| 30 ILCS 805/8.32 new |
|
| |
|