State of Illinois
91st General Assembly
Legislation

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91_SB1396

 
                                               LRB9108028SMdv

 1        AN ACT concerning property taxes.

 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.  Homestead
 8    property  is  entitled  to  an  annual  homestead   exemption
 9    limited,   except   as   described   here  with  relation  to
10    cooperatives, to a reduction in the equalized assessed  value
11    of  homestead  property  equal  to  the increase in equalized
12    assessed value for the  current  assessment  year  above  the
13    equalized  assessed value of the property for 1977, up to the
14    maximum reduction set  forth  below.  If  however,  the  1977
15    equalized  assessed  value  upon  which  taxes  were  paid is
16    subsequently determined by  local  assessing  officials,  the
17    Property Tax Appeal Board, or a court to have been excessive,
18    the equalized assessed value which should have been placed on
19    the  property  for 1977 shall be used to determine the amount
20    of the exemption.
21        The  maximum  reduction  shall  be  $4,500,  subject   to
22    adjustment,  in  counties  with 3,000,000 or more inhabitants
23    and $3,500, subject to adjustment, in all other counties. For
24    taxable year 1999  and  each  taxable  year  thereafter,  the
25    maximum   reduction   shall   be  adjusted  annually  by  the
26    Department of Revenue to reflect  the  increase  in  Consumer
27    Price  Index-U during the calendar year preceding the taxable
28    year. "Consumer Price Index-U" means the index  published  by
29    the   Bureau   of  Labor  Statistics  of  the  United  States
30    Department of Labor  that  measures  the  average  change  in
31    prices   of   goods  and  services  purchased  by  all  urban
 
                            -2-                LRB9108028SMdv
 1    consumers,   United   States   city   average,   all   items,
 2    1982-84 = 100.  If  Consumer  Price  Index-U  ceases  to   be
 3    reported,  then  the  Department of Revenue shall designate a
 4    comparable substitute index by rule.
 5        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
11    Section in an amount equal to  the  increase  over  the  1977
12    assessment  up  to  the  maximum  reduction set forth in this
13    Section.
14        If  in  any  assessment  year  beginning  with  the  2000
15    assessment year, homestead property has a pro-rata  valuation
16    under  Section 9-180 resulting in an increase in the assessed
17    valuation, a reduction in equalized assessed valuation  equal
18    to  the  increase in equalized assessed value of the property
19    for the year of the pro-rata valuation  above  the  equalized
20    assessed  value  of the property for 1977 shall be applied to
21    the property on a proportionate  basis  for  the  period  the
22    property   qualified   as   homestead   property  during  the
23    assessment  year.   The   maximum   proportionate   homestead
24    exemption  shall  not  exceed the maximum homestead exemption
25    allowed in the county under this Section divided by  365  and
26    multiplied  by  the  number of days the property qualified as
27    homestead property.
28        "Homestead  property"   under   this   Section   includes
29    residential  property that is occupied by its owner or owners
30    as his or their  principal  dwelling  place,  or  that  is  a
31    leasehold  interest  on  which  a  single family residence is
32    situated, which is occupied as a residence by  a  person  who
33    has an ownership interest therein, legal or equitable or as a
34    lessee,  and on which the person is liable for the payment of
 
                            -3-                LRB9108028SMdv
 1    property taxes. For land improved with an apartment  building
 2    owned  and operated as a cooperative or a building which is a
 3    life  care  facility  as  defined  in  Section   15-170   and
 4    considered  to  be  a  cooperative  under Section 15-170, the
 5    maximum reduction from the equalized assessed value shall  be
 6    limited  to  the  increase  in  the value above the equalized
 7    assessed value of the property for 1977, up  to  the  maximum
 8    reduction  set  forth  above,  multiplied  by  the  number of
 9    apartments or units occupied by a person or  persons  who  is
10    liable,  by  contract with the owner or owners of record, for
11    paying property taxes on the property  and  is  an  owner  of
12    record  of  a  legal or equitable interest in the cooperative
13    apartment building, other  than  a  leasehold  interest.  For
14    purposes  of  this Section, the term "life care facility" has
15    the meaning stated in Section 15-170.
16        In a cooperative where a  homestead  exemption  has  been
17    granted,  the  cooperative association or its management firm
18    shall credit the savings resulting from that  exemption  only
19    to  the  apportioned tax liability of the owner who qualified
20    for the exemption.  Any person who willfully  refuses  to  so
21    credit the savings shall be guilty of a Class B misdemeanor.
22        Where  married  persons  maintain  and reside in separate
23    residences qualifying as homestead property,  each  residence
24    shall  receive  50%  of  the  total  reduction  in  equalized
25    assessed valuation provided by this Section.
26        In  counties  with  more  than 3,000,000 inhabitants, the
27    assessor or chief county assessment officer may determine the
28    eligibility of residential property to receive the  homestead
29    exemption by application, visual inspection, questionnaire or
30    other reasonable methods.  The determination shall be made in
31    accordance with guidelines established by the Department.  In
32    counties  with fewer than 3,000,000 inhabitants, in the event
33    of a sale of homestead property the homestead exemption shall
34    remain in effect for the remainder of the assessment year  of
 
                            -4-                LRB9108028SMdv
 1    the  sale.   The  assessor or chief county assessment officer
 2    may require the new owner of the property to  apply  for  the
 3    homestead exemption for the following assessment year.
 4    (Source: P.A.  90-368,  eff.  1-1-98;  90-552, eff. 12-12-97;
 5    90-655, eff. 7-30-98; 91-346, eff. 7-29-99.)

 6        Section 10.  The State Mandates Act is amended by  adding
 7    Section 8.24 as follows:

 8        (30 ILCS 805/8.24 new)
 9        Sec.  8.24.  Exempt  mandate.  Notwithstanding Sections 6
10    and 8 of this Act, no reimbursement by the State is  required
11    for  the  implementation  of  any  mandate  created  by  this
12    amendatory Act of the 91st General Assembly.

13        Section  99.  Effective date.  This Act takes effect upon
14    becoming law.

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