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90_HB0623eng
35 ILCS 200/15-180
Amends the Property Tax Code. Deletes provision granting
the homestead improvement exemption to property following a
catastropic event. Provides that the exemption shall be
available for the rebuilding of a residential structure
destroyed or rendered uninhabitable or otherwise unfit for
occupancy or for customary use by accidental means (excluding
destruction resulting from the willful misconduct of the
owner). Requires that the owner provide proof to the chief
county assessment officer that the improvement is eligible
for the exemption. Requires that the structure be rebuilt
within 2 years after becoming eligible for the exemption.
Limits the exemption to $30,000 per year in fair cash value
and applies to the increase in value of the rebuilt structure
over the value of the structure before it was destroyed or
rendered uninhabitable or otherwise unfit for occupancy or
for customary use. Effective January 1, 1998.
LRB9001746KDcc
HB0623 Engrossed LRB9001746KDcc
1 AN ACT to amend the Property Tax Code by changing Section
2 15-180.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Property Tax Code is amended by changing
6 Section 15-180 as follows:
7 (35 ILCS 200/15-180)
8 (Text of Section before amendment by P.A. 89-690)
9 Sec. 15-180. Homestead improvements. Homestead
10 properties that have been improved are entitled to a
11 homestead improvement exemption, limited to $30,000 per year
12 in fair cash value, when that property is owned and used
13 exclusively for a residential purpose and upon demonstration
14 that a proposed increase in assessed value is attributable
15 solely to a new improvement of an existing structure. The
16 amount of the exemption shall be limited to the fair cash
17 value added by the new improvement and shall continue for 4
18 years from the date the improvement is completed and
19 occupied, or until the next following general assessment of
20 that property, whichever is later.
21 In counties of less than 3,000,000 inhabitants, in
22 addition to the notice requirement under Section 12-30, a
23 supervisor of assessments, county assessor, or township or
24 multi-township assessor responsible for adding an assessable
25 improvement to a residential property's assessment shall
26 either notify a taxpayer whose assessment has been changed
27 since the last preceding assessment that he or she may be
28 eligible for the exemption provided under this Section or
29 shall grant the exemption automatically.
30 (Source: P.A. 88-455; 89-595, eff. 1-1-97.)
31 (Text of Section after amendment by P.A. 89-690)
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1 Sec. 15-180. Homestead improvements. Homestead
2 properties that have been improved and residential structures
3 on homestead property that have been rebuilt following a
4 catastrophic event are entitled to a homestead improvement
5 exemption, limited to $30,000 per year in fair cash value,
6 when that property is owned and used exclusively for a
7 residential purpose and upon demonstration that a proposed
8 increase in assessed value is attributable solely to: (i) a
9 new improvement of an existing structure or (ii) the
10 rebuilding of a residential structure destroyed or rendered
11 uninhabitable or otherwise unfit for occupancy or for
12 customary use by accidental means (excluding that resulting
13 from the willful misconduct of the owner of the property,
14 mine subsidence, or if rebuilt as a result of flooding and
15 located within a local jurisdiction not partipating in the
16 National Flood Insurance Program). To be eligible for an
17 exemption under this Section for rebuilt structures, the
18 owner of the property must, within 90 days after applying for
19 a permit to rebuild the structure, provide to the chief
20 county assessment officer such documentation as he or she may
21 require, including a copy of the permit to rebuild the
22 structure, as proof that the improvement is eligible. The
23 structure must be rebuilt within 2 years after becoming
24 eligible for the exemption. The exemption for rebuilt
25 structures under this Section is limited to $30,000 per year
26 in fair cash value and applies to the increase in value of
27 the rebuilt structure over the value of the structure before
28 it was destroyed or rendered uninhabitable or otherwise unfit
29 for occupancy or customary use. the rebuilding of a
30 residential structure following a catastrophic event. To be
31 eligible for an exemption under this Section after a
32 catastrophic event, the residential structure must be rebuilt
33 within 2 years after the catastrophic event. The exemption
34 for rebuilt structures under this Section applies to the
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1 increase in value of the rebuilt structure over the value of
2 the structure before the catastrophic event. The amount of
3 the exemption shall be limited to the fair cash value added
4 by the new improvement or rebuilding and shall continue for 4
5 years from the date the improvement or rebuilding is
6 completed and occupied, or until the next following general
7 assessment of that property, whichever is later.
8 A proclamation of disaster by the President of the United
9 States or Governor of the State of Illinois is not a
10 prerequisite to the classification of an occurrence as a
11 catastrophic event under this Section. A "catastrophic
12 event" may include an occurrence of widespread or severe
13 damage or loss of property resulting from any catastrophic
14 cause including but not limited to fire, including arson
15 (provided the fire was not caused by the willful action of an
16 owner or resident of the property), flood, earthquake, wind,
17 storm, explosion, or extended periods of severe inclement
18 weather. In the case of a residential structure affected by
19 flooding, the structure shall not be eligible for this
20 homestead improvement exemption unless it is located within a
21 local jurisdiction which is participating in the National
22 Flood Insurance Program.
23 In counties of less than 3,000,000 inhabitants, in
24 addition to the notice requirement under Section 12-30, a
25 supervisor of assessments, county assessor, or township or
26 multi-township assessor responsible for adding an assessable
27 improvement to a residential property's assessment shall
28 either notify a taxpayer whose assessment has been changed
29 since the last preceding assessment that he or she may be
30 eligible for the exemption provided under this Section or
31 shall grant the exemption automatically.
32 (Source: P.A. 88-455; 89-595, eff. 1-1-97; 89-690, eff.
33 6-1-97; revised 1-15-97)
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1 Section 95. No acceleration or delay. Where this Act
2 makes changes in a statute that is represented in this Act by
3 text that is not yet or no longer in effect (for example, a
4 Section represented by multiple versions), the use of that
5 text does not accelerate or delay the taking effect of (i)
6 the changes made by this Act or (ii) provisions derived from
7 any other Public Act.