Full Text of SB2352 102nd General Assembly
SB2352 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2352 Introduced 2/26/2021, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: |
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Amends the Property Tax Code. Provides that, for homestead property that is the principal place of residence of a caregiver and is used to provide home care services to a person who is over 65 years of age and needs
assistance with the activities of daily
living, the maximum general homestead exemption shall be increased by $1,000. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Property Tax Code is amended by changing | 5 | | Section 15-175 as follows:
| 6 | | (35 ILCS 200/15-175)
| 7 | | Sec. 15-175. General homestead exemption. | 8 | | (a) Except as provided in Sections 15-176 and 15-177, | 9 | | homestead
property is
entitled to an annual homestead | 10 | | exemption limited, except as described here
with relation to | 11 | | cooperatives or life care facilities, to a reduction in the | 12 | | equalized assessed value
of homestead property equal to the | 13 | | increase in equalized assessed value for the
current | 14 | | assessment year above the equalized assessed value of the | 15 | | property for
1977, up to the maximum reduction set forth | 16 | | below. If however, the 1977
equalized assessed value upon | 17 | | which taxes were paid is subsequently determined
by local | 18 | | assessing officials, the Property Tax Appeal Board, or a court | 19 | | to have
been excessive, the equalized assessed value which | 20 | | should have been placed on
the property for 1977 shall be used | 21 | | to determine the amount of the exemption.
| 22 | | (b) Except as provided in Section 15-176, the maximum | 23 | | reduction before taxable year 2004 shall be
$4,500 in counties |
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| 1 | | with 3,000,000 or more
inhabitants
and $3,500 in all other | 2 | | counties. Except as provided in Sections 15-176 and 15-177, | 3 | | for taxable years 2004 through 2007, the maximum reduction | 4 | | shall be $5,000, for taxable year 2008, the maximum reduction | 5 | | is $5,500, and, for taxable years 2009 through 2011, the | 6 | | maximum reduction is $6,000 in all counties. For taxable years | 7 | | 2012 through 2016, the maximum reduction is $7,000 in counties | 8 | | with 3,000,000 or more
inhabitants
and $6,000 in all other | 9 | | counties. For taxable years 2017 and thereafter, the maximum | 10 | | reduction is $10,000 in counties with 3,000,000 or more | 11 | | inhabitants and $6,000 in all other counties. If a county has | 12 | | elected to subject itself to the provisions of Section 15-176 | 13 | | as provided in subsection (k) of that Section, then, for the | 14 | | first taxable year only after the provisions of Section 15-176 | 15 | | no longer apply, for owners who, for the taxable year, have not | 16 | | been granted a senior citizens assessment freeze homestead | 17 | | exemption under Section 15-172 or a long-time occupant | 18 | | homestead exemption under Section 15-177, there shall be an | 19 | | additional exemption of $5,000 for owners with a household | 20 | | income of $30,000 or less.
In the case of homestead property | 21 | | that is the principal place of residence of a caregiver and is | 22 | | used to provide home care services to a person who is over 65 | 23 | | years of age and needs
assistance with the activities of daily
| 24 | | living, the maximum exemption under this Section shall be | 25 | | increased by $1,000. As used in this Section, "caregiver" | 26 | | means a person who, either as a result of a family
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| 1 | | relationship, voluntarily, or in exchange for compensation, | 2 | | has assumed
responsibility for all or a portion of the | 3 | | day-to-day care of a person who is over 65 years of age and | 4 | | needs
assistance with the activities of daily
living.
| 5 | | (c) In counties with fewer than 3,000,000 inhabitants, if, | 6 | | based on the most
recent assessment, the equalized assessed | 7 | | value of
the homestead property for the current assessment | 8 | | year is greater than the
equalized assessed value of the | 9 | | property for 1977, the owner of the property
shall | 10 | | automatically receive the exemption granted under this Section | 11 | | in an
amount equal to the increase over the 1977 assessment up | 12 | | to the maximum
reduction set forth in this Section.
| 13 | | (d) If in any assessment year beginning with the 2000 | 14 | | assessment year,
homestead property has a pro-rata valuation | 15 | | under
Section 9-180 resulting in an increase in the assessed | 16 | | valuation, a reduction
in equalized assessed valuation equal | 17 | | to the increase in equalized assessed
value of the property | 18 | | for the year of the pro-rata valuation above the
equalized | 19 | | assessed value of the property for 1977 shall be applied to the
| 20 | | property on a proportionate basis for the period the property | 21 | | qualified as
homestead property during the assessment year. | 22 | | The maximum proportionate
homestead exemption shall not exceed | 23 | | the maximum homestead exemption allowed in
the county under | 24 | | this Section divided by 365 and multiplied by the number of
| 25 | | days the property qualified as homestead property.
| 26 | | (d-1) In counties with 3,000,000 or more inhabitants, |
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| 1 | | where the chief county assessment officer provides a notice of | 2 | | discovery, if a property is not
occupied by its owner as a | 3 | | principal residence as of January 1 of the current tax year, | 4 | | then the property owner shall notify the chief county | 5 | | assessment officer of that fact on a form prescribed by the | 6 | | chief county assessment officer. That notice must be received | 7 | | by the chief county assessment officer on or before March 1 of | 8 | | the collection year. If mailed, the form shall be sent by | 9 | | certified mail, return receipt requested. If the form is | 10 | | provided in person, the chief county assessment officer shall | 11 | | provide a date stamped copy of the notice. Failure to provide | 12 | | timely notice pursuant to this subsection (d-1) shall result | 13 | | in the exemption being treated as an erroneous exemption. Upon | 14 | | timely receipt of the notice for the current tax year, no | 15 | | exemption shall be applied to the property for the current tax | 16 | | year. If the exemption is not removed upon timely receipt of | 17 | | the notice by the chief assessment officer, then the error is | 18 | | considered granted as a result of a clerical error or omission | 19 | | on the part of the chief county assessment officer as | 20 | | described in subsection (h) of Section 9-275, and the property | 21 | | owner shall not be liable for the payment of interest and | 22 | | penalties due to the erroneous exemption for the current tax | 23 | | year for which the notice was filed after the date that notice | 24 | | was timely received pursuant to this subsection. Notice | 25 | | provided under this subsection shall not constitute a defense | 26 | | or amnesty for prior year erroneous exemptions. |
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| 1 | | For the purposes of this subsection (d-1): | 2 | | "Collection year" means the year in which the first and | 3 | | second installment of the current tax year is billed. | 4 | | "Current tax year" means the year prior to the collection | 5 | | year. | 6 | | (e) The chief county assessment officer may, when | 7 | | considering whether to grant a leasehold exemption under this | 8 | | Section, require the following conditions to be met: | 9 | | (1) that a notarized application for the exemption, | 10 | | signed by both the owner and the lessee of the property, | 11 | | must be submitted each year during the application period | 12 | | in effect for the county in which the property is located; | 13 | | (2) that a copy of the lease must be filed with the | 14 | | chief county assessment officer by the owner of the | 15 | | property at the time the notarized application is | 16 | | submitted; | 17 | | (3) that the lease must expressly state that the | 18 | | lessee is liable for the payment of property taxes; and | 19 | | (4) that the lease must include the following language | 20 | | in substantially the following form: | 21 | | "Lessee shall be liable for the payment of real | 22 | | estate taxes with respect to the residence in | 23 | | accordance with the terms and conditions of Section | 24 | | 15-175 of the Property Tax Code (35 ILCS 200/15-175). | 25 | | The permanent real estate index number for the | 26 | | premises is (insert number), and, according to the |
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| 1 | | most recent property tax bill, the current amount of | 2 | | real estate taxes associated with the premises is | 3 | | (insert amount) per year. The parties agree that the | 4 | | monthly rent set forth above shall be increased or | 5 | | decreased pro rata (effective January 1 of each | 6 | | calendar year) to reflect any increase or decrease in | 7 | | real estate taxes. Lessee shall be deemed to be | 8 | | satisfying Lessee's liability for the above mentioned | 9 | | real estate taxes with the monthly rent payments as | 10 | | set forth above (or increased or decreased as set | 11 | | forth herein).". | 12 | | In addition, if there is a change in lessee, or if the | 13 | | lessee vacates the property, then the chief county assessment | 14 | | officer may require the owner of the property to notify the | 15 | | chief county assessment officer of that change. | 16 | | This subsection (e) does not apply to leasehold interests | 17 | | in property owned by a municipality. | 18 | | (f) "Homestead property" under this Section includes | 19 | | residential property that is
occupied by its owner or owners | 20 | | as his or their principal dwelling place, or
that is a | 21 | | leasehold interest on which a single family residence is | 22 | | situated,
which is occupied as a residence by a person who has | 23 | | an ownership interest
therein, legal or equitable or as a | 24 | | lessee, and on which the person is
liable for the payment of | 25 | | property taxes. For land improved with
an apartment building | 26 | | owned and operated as a cooperative, the maximum reduction |
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| 1 | | from the equalized
assessed value shall be limited to the | 2 | | increase in the value above the
equalized assessed value of | 3 | | the property for 1977, up to
the maximum reduction set forth | 4 | | above, multiplied by the number of apartments
or units | 5 | | occupied by a person or persons who is liable, by contract with | 6 | | the
owner or owners of record, for paying property taxes on the | 7 | | property and is an
owner of record of a legal or equitable | 8 | | interest in the cooperative
apartment building, other than a | 9 | | leasehold interest. For land improved with a life care | 10 | | facility, the maximum reduction from the value of the | 11 | | property, as equalized by the Department, shall be multiplied | 12 | | by the number of apartments or units occupied by a person or | 13 | | persons, irrespective of any legal, equitable, or leasehold | 14 | | interest in the facility, who are liable, under a life care | 15 | | contract with the owner or owners of record of the facility, | 16 | | for paying property taxes on the property. For purposes of | 17 | | this
Section, the term "life care facility" has the meaning | 18 | | stated in Section
15-170.
| 19 | | "Household", as used in this Section,
means the owner, the | 20 | | spouse of the owner, and all persons using
the
residence of the | 21 | | owner as their principal place of residence.
| 22 | | "Household income", as used in this Section,
means the | 23 | | combined income of the members of a household
for the calendar | 24 | | year preceding the taxable year.
| 25 | | "Income", as used in this Section,
has the same meaning as | 26 | | provided in Section 3.07 of the Senior
Citizens
and Persons |
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| 1 | | with Disabilities Property Tax Relief Act,
except that
| 2 | | "income" does not include veteran's benefits.
| 3 | | (g) In a cooperative or life care facility where a | 4 | | homestead exemption has been granted, the
cooperative | 5 | | association or the management of the cooperative or life care | 6 | | facility shall credit the savings
resulting from that | 7 | | exemption only to the apportioned tax liability of the
owner | 8 | | or resident who qualified for the exemption. Any person who | 9 | | willfully refuses to so
credit the savings shall be guilty of a | 10 | | Class B misdemeanor.
| 11 | | (h) Where married persons maintain and reside in separate | 12 | | residences qualifying
as homestead property, each residence | 13 | | shall receive 50% of the total reduction
in equalized assessed | 14 | | valuation provided by this Section.
| 15 | | (i) In all counties, the assessor
or chief county | 16 | | assessment officer may determine the
eligibility of | 17 | | residential property to receive the homestead exemption and | 18 | | the amount of the exemption by
application, visual inspection, | 19 | | questionnaire or other reasonable methods. The
determination | 20 | | shall be made in accordance with guidelines established by the
| 21 | | Department, provided that the taxpayer applying for an | 22 | | additional general exemption under this Section shall submit | 23 | | to the chief county assessment officer an application with an | 24 | | affidavit of the applicant's total household income, age, | 25 | | marital status (and, if married, the name and address of the | 26 | | applicant's spouse, if known), and principal dwelling place of |
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| 1 | | members of the household on January 1 of the taxable year. The | 2 | | Department shall issue guidelines establishing a method for | 3 | | verifying the accuracy of the affidavits filed by applicants | 4 | | under this paragraph. The applications shall be clearly marked | 5 | | as applications for the Additional General Homestead | 6 | | Exemption.
| 7 | | (i-5) This subsection (i-5) applies to counties with | 8 | | 3,000,000 or more inhabitants. In the event of a sale of
| 9 | | homestead property, the homestead exemption shall remain in | 10 | | effect for the remainder of the assessment year of the sale. | 11 | | Upon receipt of a transfer declaration transmitted by the | 12 | | recorder pursuant to Section 31-30 of the Real Estate Transfer | 13 | | Tax Law for property receiving an exemption under this | 14 | | Section, the assessor shall mail a notice and forms to the new | 15 | | owner of the property providing information pertaining to the | 16 | | rules and applicable filing periods for applying or reapplying | 17 | | for homestead exemptions under this Code for which the | 18 | | property may be eligible. If the new owner fails to apply or | 19 | | reapply for a homestead exemption during the applicable filing | 20 | | period or the property no longer qualifies for an existing | 21 | | homestead exemption, the assessor shall cancel such exemption | 22 | | for any ensuing assessment year. | 23 | | (j) In counties with fewer than 3,000,000 inhabitants, in | 24 | | the event of a sale
of
homestead property the homestead | 25 | | exemption shall remain in effect for the
remainder of the | 26 | | assessment year of the sale. The assessor or chief county
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| 1 | | assessment officer may require the new
owner of the property | 2 | | to apply for the homestead exemption for the following
| 3 | | assessment year.
| 4 | | (k) Notwithstanding Sections 6 and 8 of the State Mandates | 5 | | Act, no reimbursement by the State is required for the | 6 | | implementation of any mandate created by this Section.
| 7 | | (l) The changes made to this Section by this amendatory | 8 | | Act of the 100th General Assembly are effective for the 2018 | 9 | | tax year and thereafter. | 10 | | (Source: P.A. 99-143, eff. 7-27-15; 99-164, eff. 7-28-15; | 11 | | 99-642, eff. 7-28-16; 99-851, eff. 8-19-16; 100-401, eff. | 12 | | 8-25-17; 100-1077, eff. 1-1-19 .)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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