Full Text of SB2168 093rd General Assembly
SB2168 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2168
Introduced 1/14/2004, by William E. Peterson - Adeline Jay Geo-Karis - Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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35 ILCS 200/15-170 |
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35 ILCS 200/15-175 |
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Amends the Property Tax Code. Provides that for all counties, except counties with 3,000,000 or more inhabitants, the maximum reduction from assessed value for the senior citizens homestead exemption shall be $2,500 for taxable years 2003 and thereafter (now, $2,000). Provides that for all counties, except counties with 3,000,000 or more inhabitants, the maximum reduction from assessed value for the general homestead exemption shall be $4,500 for taxable years 2003 and thereafter (now, $3,500). Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB2168 |
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LRB093 14938 SJM 40506 b |
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| AN ACT concerning taxes.
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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 15-170 and 15-175 as follows:
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| (35 ILCS 200/15-170)
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| Sec. 15-170. Senior Citizens Homestead Exemption. An | 8 |
| annual homestead
exemption limited, except as described here | 9 |
| 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 | 11 |
| equalized or
assessed by the Department, is granted for | 12 |
| property that is occupied as a
residence by a person 65 years | 13 |
| of age or older who is liable for paying real
estate taxes on | 14 |
| 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 | 16 |
| instrument,
except for a leasehold interest, other than a | 17 |
| leasehold interest of land on
which a single family residence | 18 |
| is located, which is occupied as a residence by
a person 65 | 19 |
| 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 | 21 |
| the payment
of property taxes. | 22 |
| The maximum reduction shall be $2,500 in counties with
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| 3,000,000 or more inhabitants and $2,000 in all other counties . | 24 |
| In all other counties the maximum reduction shall be $2,000 for | 25 |
| taxable years 2002 and before and $2,500 for taxable years 2003 | 26 |
| and thereafter. | 27 |
| For land
improved with an apartment building owned and | 28 |
| operated as a cooperative, the maximum reduction from the value | 29 |
| of the property, as
equalized
by the Department, shall be | 30 |
| multiplied by the number of apartments or units
occupied by a | 31 |
| 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 |
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LRB093 14938 SJM 40506 b |
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| property and
is an owner of record of a legal or equitable | 2 |
| interest in the cooperative
apartment building, other than a | 3 |
| leasehold interest. For land improved with
a life care | 4 |
| facility, the maximum reduction from the value of the property, | 5 |
| as
equalized by the Department, shall be multiplied by the | 6 |
| number of apartments or
units occupied by persons 65 years of | 7 |
| age or older, irrespective of any legal,
equitable, or | 8 |
| 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, | 10 |
| for paying
property taxes on the property. In a
cooperative or | 11 |
| a life care facility where a
homestead exemption has been | 12 |
| granted, the cooperative association or the
management firm of | 13 |
| the cooperative or facility shall credit the savings
resulting | 14 |
| from that exemption only to
the apportioned tax liability of | 15 |
| the owner or resident who qualified for
the exemption.
Any | 16 |
| person who willfully refuses to so credit the savings shall be | 17 |
| guilty of a
Class B misdemeanor. Under this Section and Section | 18 |
| 15-175, "life care
facility" means a facility as defined in | 19 |
| Section 2 of the Life Care Facilities
Act, with which the | 20 |
| applicant for the homestead exemption has a life care
contract | 21 |
| as defined in that Act.
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| When a homestead exemption has been granted under this | 23 |
| Section and the person
qualifying subsequently becomes a | 24 |
| resident of a facility licensed under the
Nursing Home Care | 25 |
| 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 | 27 |
| the spouse is 65
years of age or older, or if the residence | 28 |
| remains unoccupied but is still
owned by the person qualified | 29 |
| for the homestead exemption.
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| A person who will be 65 years of age
during the current | 31 |
| assessment year
shall
be eligible to apply for the homestead | 32 |
| exemption during that assessment
year.
Application shall be | 33 |
| made during the application period in effect for the
county of | 34 |
| his residence.
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| Beginning with assessment year 2003, for taxes payable in | 36 |
| 2004,
property
that is first occupied as a residence after |
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| January 1 of any assessment year by
a person who is eligible | 2 |
| for the senior citizens homestead exemption under this
Section | 3 |
| must be granted a pro-rata exemption for the assessment year. | 4 |
| The
amount of the pro-rata exemption is the exemption
allowed | 5 |
| in the county under this Section divided by 365 and multiplied | 6 |
| by the
number of days during the assessment year the property | 7 |
| is occupied as a
residence by a
person eligible for the | 8 |
| exemption under this Section. The chief county
assessment | 9 |
| officer must adopt reasonable procedures to establish | 10 |
| eligibility
for this pro-rata exemption.
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| The assessor or chief county assessment officer may | 12 |
| determine the eligibility
of a life care facility to receive | 13 |
| the benefits provided by this Section, by
affidavit, | 14 |
| application, visual inspection, questionnaire or other | 15 |
| reasonable
methods in order to insure that the tax savings | 16 |
| resulting from the exemption
are credited by the management | 17 |
| firm to the apportioned tax liability of each
qualifying | 18 |
| 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 | 21 |
| less than 3,000,000
inhabitants shall provide to each person | 22 |
| allowed a homestead exemption under
this Section a form to | 23 |
| designate any other person to receive a
duplicate of any notice | 24 |
| of delinquency in the payment of taxes assessed and
levied | 25 |
| under this Code on the property of the person receiving the | 26 |
| exemption.
The duplicate notice shall be in addition to the | 27 |
| notice required to be
provided to the person receiving the | 28 |
| exemption, and shall be given in the
manner required by this | 29 |
| Code. The person filing the request for the duplicate
notice | 30 |
| shall pay a fee of $5 to cover administrative costs to the | 31 |
| supervisor of
assessments, who shall then file the executed | 32 |
| designation with the county
collector. Notwithstanding any | 33 |
| other provision of this Code to the contrary,
the filing of | 34 |
| such an executed designation requires the county collector to
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| provide duplicate notices as indicated by the designation. A | 36 |
| designation may
be rescinded by the person who executed such |
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| designation at any time, in the
manner and form required by the | 2 |
| chief county assessment officer.
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| The assessor or chief county assessment officer may | 4 |
| determine the
eligibility of residential property to receive | 5 |
| the homestead exemption provided
by this Section by | 6 |
| application, visual inspection, questionnaire or other
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| reasonable methods. The determination shall be made in | 8 |
| accordance with
guidelines established by the Department.
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| In counties with less than 3,000,000 inhabitants, the | 10 |
| county board may by
resolution provide that if a person has | 11 |
| been granted a homestead exemption
under this Section, the | 12 |
| person qualifying need not reapply for the exemption.
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| In counties with less than 3,000,000 inhabitants, if the | 14 |
| assessor or chief
county assessment officer requires annual | 15 |
| application for verification of
eligibility for an exemption | 16 |
| once granted under this Section, the application
shall be | 17 |
| mailed to the taxpayer.
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| The assessor or chief county assessment officer shall | 19 |
| notify each person
who qualifies for an exemption under this | 20 |
| Section that the person may also
qualify for deferral of real | 21 |
| estate taxes under the Senior Citizens Real Estate
Tax Deferral | 22 |
| Act. The notice shall set forth the qualifications needed for
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| deferral of real estate taxes, the address and telephone number | 24 |
| of
county collector, and a
statement that applications for | 25 |
| deferral of real estate taxes may be obtained
from the county | 26 |
| collector.
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| Notwithstanding Sections 6 and 8 of the State Mandates Act, | 28 |
| no
reimbursement by the State is required for the | 29 |
| implementation of any mandate
created by this Section.
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| (Source: P.A. 92-196, eff. 1-1-02; 93-511, eff. 8-11-03.)
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| (35 ILCS 200/15-175)
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| Sec. 15-175. General homestead exemption. Homestead | 33 |
| property is
entitled to an annual homestead exemption limited, | 34 |
| except as described here
with relation to cooperatives, to a | 35 |
| reduction in the equalized assessed value
of homestead property |
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LRB093 14938 SJM 40506 b |
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| equal to the increase in equalized assessed value for the
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| current assessment year above the equalized assessed value of | 3 |
| the property for
1977, up to the maximum reduction set forth | 4 |
| below. If however, the 1977
equalized assessed value upon which | 5 |
| taxes were paid is subsequently determined
by local assessing | 6 |
| officials, the Property Tax Appeal Board, or a court to have
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| been excessive, the equalized assessed value which should have | 8 |
| been placed on
the property for 1977 shall be used to determine | 9 |
| the amount of the exemption.
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| The maximum reduction shall be $4,500 in counties with | 11 |
| 3,000,000 or more
inhabitants and $3,500 in all other counties . | 12 |
| In all other counties the maximum reduction shall be $3,500 for | 13 |
| taxable years 2002 and before and $4,500 for taxable years 2003 | 14 |
| and thereafter.
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| In counties with fewer than 3,000,000 inhabitants, if, | 16 |
| based on the most
recent assessment, the equalized assessed | 17 |
| value of
the homestead property for the current assessment year | 18 |
| is greater than the
equalized assessed value of the property | 19 |
| for 1977, the owner of the property
shall automatically receive | 20 |
| the exemption granted under this Section in an
amount equal to | 21 |
| the increase over the 1977 assessment up to the maximum
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| reduction set forth in this Section.
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| If in any assessment year beginning with the 2000 | 24 |
| assessment year,
homestead property has a pro-rata valuation | 25 |
| under
Section 9-180 resulting in an increase in the assessed | 26 |
| valuation, a reduction
in equalized assessed valuation equal to | 27 |
| the increase in equalized assessed
value of the property for | 28 |
| the year of the pro-rata valuation above the
equalized assessed | 29 |
| value of the property for 1977 shall be applied to the
property | 30 |
| on a proportionate basis for the period the property qualified | 31 |
| as
homestead property during the assessment year. The maximum | 32 |
| proportionate
homestead exemption shall not exceed the maximum | 33 |
| homestead exemption allowed in
the county under this Section | 34 |
| divided by 365 and multiplied by the number of
days the | 35 |
| property qualified as homestead property.
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| "Homestead property" under this Section includes |
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LRB093 14938 SJM 40506 b |
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| residential property that is
occupied by its owner or owners as | 2 |
| his or their principal dwelling place, or
that is a leasehold | 3 |
| interest on which a single family residence is situated,
which | 4 |
| is occupied as a residence by a person who has an ownership | 5 |
| interest
therein, legal or equitable or as a lessee, and on | 6 |
| which the person is
liable for the payment of property taxes. | 7 |
| For land improved with
an apartment building owned and operated | 8 |
| as a cooperative or a building which
is a life care facility as | 9 |
| defined in Section 15-170 and considered to
be a cooperative | 10 |
| under Section 15-170, the maximum reduction from the equalized
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| assessed value shall be limited to the increase in the value | 12 |
| above the
equalized assessed value of the property for 1977, up | 13 |
| to
the maximum reduction set forth above, multiplied by the | 14 |
| number of apartments
or units occupied by a person or persons | 15 |
| who is liable, by contract with the
owner or owners of record, | 16 |
| for paying property taxes on the property and is an
owner of | 17 |
| record of a legal or equitable interest in the cooperative
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| apartment building, other than a leasehold interest. For | 19 |
| purposes of this
Section, the term "life care facility" has the | 20 |
| meaning stated in Section
15-170.
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| In a cooperative where a homestead exemption has been | 22 |
| granted, the
cooperative association or its management firm | 23 |
| shall credit the savings
resulting from that exemption only to | 24 |
| the apportioned tax liability of the
owner who qualified for | 25 |
| the exemption. Any person who willfully refuses to so
credit | 26 |
| the savings shall be guilty of a Class B misdemeanor.
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| Where married persons maintain and reside in separate | 28 |
| residences qualifying
as homestead property, each residence | 29 |
| shall receive 50% of the total reduction
in equalized assessed | 30 |
| valuation provided by this Section.
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| In counties with more than 3,000,000 inhabitants, the | 32 |
| assessor
or chief county assessment officer may determine the
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| eligibility of residential property to receive the homestead | 34 |
| exemption by
application, visual inspection, questionnaire or | 35 |
| other reasonable methods. The
determination shall be made in | 36 |
| accordance with guidelines established by the
Department.
In |
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LRB093 14938 SJM 40506 b |
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| counties with fewer than 3,000,000 inhabitants, in the event of | 2 |
| a sale of
homestead property the homestead exemption shall | 3 |
| remain in effect for the
remainder of the assessment year of | 4 |
| the sale. The assessor or chief county
assessment officer may | 5 |
| require the new
owner of the property to apply for the | 6 |
| homestead exemption for the following
assessment year.
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| (Source: P.A. 90-368, eff. 1-1-98; 90-552, eff. 12-12-97; | 8 |
| 90-655, eff.
7-30-98; 91-346, eff. 7-29-99.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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