State of Illinois
90th General Assembly
Legislation

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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.

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