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90_SB1857 35 ILCS 200/15-170 Amends the Property Tax Code. Increases the maximum reduction under the Senior Citizens Homestead Exemption from $2,500 to $3,000 in counties with 3,000,000 or more inhabitants and from $2,000 to $2,500 in all other counties. Provides that the increase is effective beginning with the 1998 taxable year and thereafter. Effective immediately. LRB9011653KDks LRB9011653KDks 1 AN ACT to amend the Property Tax Code by changing Section 2 15-170. 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 15-170 as follows: 7 (35 ILCS 200/15-170) 8 Sec. 15-170. Senior Citizens Homestead Exemption. An 9 annual homestead exemption limited, except as described here 10 with relation to cooperatives, to a maximum reduction set 11 forth below from the property's value, as equalized or 12 assessed by the Department, is granted for property that is 13 occupied as a residence by a person 65 years of age or older 14 who is liable for paying real estate taxes on the property 15 and is an owner of record of the property or has a legal or 16 equitable interest therein as evidenced by a written 17 instrument, except for a leasehold interest, other than a 18 leasehold interest of land on which a single family residence 19 is located, which is occupied as a residence by a person 65 20 years or older who has an ownership interest therein, legal, 21 equitable or as a lessee, and on which he or she is liable 22 for the payment of property taxes. Prior to taxable year 23 1998, the maximum reduction shall be $2,500 in counties with 24 3,000,000 or more inhabitants and $2,000 in all other 25 counties. Beginning in taxable year 1998 and thereafter, the 26 maximum reduction shall be $3,000 in counties with 3,000,00 27 or more inhabitants and $2,500 in all other counties. For 28 land improved with an apartment building owned and operated 29 as a cooperative or a building which is a life care facility 30 which shall be considered to be a cooperative, the maximum 31 reduction from the value of the property, as equalized by the -2- LRB9011653KDks 1 Department, shall be multiplied by the number of apartments 2 or units occupied by a person 65 years of age or older who is 3 liable, by contract with the owner or owners of record, for 4 paying property taxes on the property and is an owner of 5 record of a legal or equitable interest in the cooperative 6 apartment building, other than a leasehold interest. In a 7 cooperative where a homestead exemption has been granted, 8 the cooperative association or its management firm shall 9 credit the savings resulting from that exemption only to the 10 apportioned tax liability of the owner who qualified for the 11 exemption. Any person who willfully refuses to so credit the 12 savings shall be guilty of a Class B misdemeanor. Under this 13 Section and Section 15-175, "life care facility" means a 14 facility as defined in Section 2 of the Life Care Facilities 15 Act, with which the applicant for the homestead exemption has 16 a life care contract as defined in that Act, which requires 17 the applicant to pay property taxes. 18 When a homestead exemption has been granted under this 19 Section and the person qualifying subsequently becomes a 20 resident of a facility licensed under the Nursing Home Care 21 Act, the exemption shall continue so long as the residence 22 continues to be occupied by the qualifying person's spouse if 23 the spouse is 65 years of age or older, or if the residence 24 remains unoccupied but is still owned by the person qualified 25 for the homestead exemption. 26 A person who will be 65 years of age during the current 27 assessment year shall be eligible to apply for the homestead 28 exemption during that assessment year. Application shall be 29 made during the application period in effect for the county 30 of his residence. 31 The assessor or chief county assessment officer may 32 determine the eligibility of a life care facility to receive 33 the benefits provided by this Section, by affidavit, 34 application, visual inspection, questionnaire or other -3- LRB9011653KDks 1 reasonable methods in order to insure that the tax savings 2 resulting from the exemption are credited by the management 3 firm to the apportioned tax liability of each qualifying 4 resident. The assessor may request reasonable proof that the 5 management firm has so credited the exemption. 6 The chief county assessment officer of each county with 7 less than 3,000,000 inhabitants shall provide to each person 8 allowed a homestead exemption under this Section a form to 9 designate any other person to receive a duplicate of any 10 notice of delinquency in the payment of taxes assessed and 11 levied under this Code on the property of the person 12 receiving the exemption. The duplicate notice shall be in 13 addition to the notice required to be provided to the person 14 receiving the exemption, and shall be given in the manner 15 required by this Code. The person filing the request for the 16 duplicate notice shall pay a fee of $5 to cover 17 administrative costs to the supervisor of assessments, who 18 shall then file the executed designation with the county 19 collector. Notwithstanding any other provision of this Code 20 to the contrary, the filing of such an executed designation 21 requires the county collector to provide duplicate notices as 22 indicated by the designation. A designation may be rescinded 23 by the person who executed such designation at any time, in 24 the manner and form required by the chief county assessment 25 officer. 26 The assessor or chief county assessment officer may 27 determine the eligibility of residential property to receive 28 the homestead exemption provided by this Section by 29 application, visual inspection, questionnaire or other 30 reasonable methods. The determination shall be made in 31 accordance with guidelines established by the Department. 32 In counties with less than 3,000,000 inhabitants, the 33 county board may by resolution provide that if a person has 34 been granted a homestead exemption under this Section, the -4- LRB9011653KDks 1 person qualifying need not reapply for the exemption. 2 In counties with less than 3,000,000 inhabitants, if the 3 assessor or chief county assessment officer requires annual 4 application for verification of eligibility for an exemption 5 once granted under this Section, the application shall be 6 mailed to the taxpayer. 7 The assessor or chief county assessment officer shall 8 notify each person who qualifies for an exemption under this 9 Section that the person may also qualify for deferral of real 10 estate taxes under the Senior Citizens Real Estate Tax 11 Deferral Act. The notice shall set forth the qualifications 12 needed for deferral of real estate taxes, the address and 13 telephone number of county collector, and a statement that 14 applications for deferral of real estate taxes may be 15 obtained from the county collector. 16 (Source: P.A. 89-412, eff. 11-17-95; 90-471, eff. 8-17-97.) 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.