Illinois General Assembly - Full Text of Public Act 096-1418
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Public Act 096-1418


 

Public Act 1418 96TH GENERAL ASSEMBLY



 


 
Public Act 096-1418
 
SB3638 EnrolledLRB096 20196 HLH 35757 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Revenue Law of the Civil
Administrative Code of Illinois is amended by adding Section
2505-560 as follows:
 
    (20 ILCS 2505/2505-560 new)
    Sec. 2505-560. Taxpayer Action Boards.
    (a) The purpose of this Section is to advance the health,
welfare, and prosperity of all citizens of this State by
promoting "sunshine in assessments" and transparency reforms.
This purpose shall be deemed a statewide interest and not a
private or special concern.
    (b) There are hereby created 7 Taxpayer Action Boards
within the Department of Revenue, one for each of the following
counties: Cook, DuPage, Kane, Kendall, Lake, McHenry, and Will.
The Governor shall name 7 people to be members of each board.
These members shall serve 2-year terms. Members shall serve
without compensation, except to the extent those members are
employees of the Department of Revenue. The boards shall exist
and function at no additional cost to the State.
    (c) Each board shall perform the following functions:
        (1) oversee the implementation of Public Act 96-122,
    with particular emphasis on the transparency and
    disclosure provisions of that Public Act;
        (2) make recommendations about other useful
    disclosures in addition to those required by P.A. 96-122;
        (3) make recommendations concerning the implementation
    of the transparency reform provisions of P.A. 96-122 in its
    county;
        (4) conduct a study that (i) critically evaluates the
    manner in which its county assesses residential property
    and (ii) examines the accuracy of computer-assisted mass
    appraisal; as part of its study, each board shall conduct
    at least 2 public hearings;
        (5) issue a report summarizing its findings within 180
    days after the effective date of this amendatory Act of the
    96th General Assembly and submit this report to the
    Governor and General Assembly;
        (6) maintain and administer a website cataloguing
    taxpayer assistance information linked to the Department
    of Revenue's website;
        (7) propose to its county government changes, if
    appropriate, to property tax policies and procedures; and
        (8) propose to the Department of Revenue changes, if
    appropriate, to property tax policies and procedures.
    (d) The Department of Revenue shall oversee implementation
of P.A. 96-122 in all counties other than Cook, DuPage, Kane,
Kendall, Lake, McHenry, and Will.
 
    Section 10. The Property Tax Code is amended by changing
Sections 15-167, 15-169, 15-170, and 15-176 as follows:
 
    (35 ILCS 200/15-167)
    Sec. 15-167. Returning Veterans' Homestead Exemption.
    (a) Beginning with taxable year 2007, a homestead
exemption, limited to a reduction set forth under subsection
(b), from the property's value, as equalized or assessed by the
Department, is granted for property that is owned and occupied
as the principal residence of a veteran returning from an armed
conflict involving the armed forces of the United States who is
liable for paying real estate taxes on the property and is an
owner of record of the property or has a legal or equitable
interest therein as evidenced by a written instrument, except
for a leasehold interest, other than a leasehold interest of
land on which a single family residence is located, which is
occupied as the principal residence of a veteran returning from
an armed conflict involving the armed forces of the United
States who has an ownership interest therein, legal, equitable
or as a lessee, and on which he or she is liable for the payment
of property taxes. For purposes of the exemption under this
Section, "veteran" means an Illinois resident who has served as
a member of the United States Armed Forces, a member of the
Illinois National Guard, or a member of the United States
Reserve Forces.
    (b) In all counties, the reduction is $5,000 and only for
the taxable year in which the veteran returns from active duty
in an armed conflict involving the armed forces of the United
States. Beginning in taxable year 2010, the reduction shall
also be allowed for the taxable year after the taxable year in
which the veteran returns from active duty in an armed conflict
involving the armed forces of the United States. For land
improved with an apartment building owned and operated as a
cooperative, the maximum reduction from the value of the
property, as equalized by the Department, must be multiplied by
the number of apartments or units occupied by a veteran
returning from an armed conflict involving the armed forces of
the United States who is liable, by contract with the owner or
owners of record, for paying property taxes on the property and
is an owner of record of a legal or equitable interest in the
cooperative apartment building, other than a leasehold
interest. In a cooperative where a homestead exemption has been
granted, the cooperative association or the management firm of
the cooperative or facility shall credit the savings resulting
from that exemption only to the apportioned tax liability of
the owner or resident who qualified for the exemption. Any
person who willfully refuses to so credit the savings is guilty
of a Class B misdemeanor.
    (c) Application must be made during the application period
in effect for the county of his or her residence. The assessor
or chief county assessment officer may determine the
eligibility of residential property to receive the homestead
exemption provided by this Section by application, visual
inspection, questionnaire, or other reasonable methods. The
determination must be made in accordance with guidelines
established by the Department.
    (d) The exemption under this Section is in addition to any
other homestead exemption provided in this Article 15.
Notwithstanding Sections 6 and 8 of the State Mandates Act, no
reimbursement by the State is required for the implementation
of any mandate created by this Section.
(Source: P.A. 95-644, eff. 10-12-07.)
 
    (35 ILCS 200/15-169)
    Sec. 15-169. Disabled veterans standard homestead
exemption.
    (a) Beginning with taxable year 2007, an annual homestead
exemption, limited to the amounts set forth in subsection (b),
is granted for property that is used as a qualified residence
by a disabled veteran.
    (b) The amount of the exemption under this Section is as
follows:
        (1) for veterans with a service-connected disability
    of at least (i) 75% for exemptions granted in taxable years
    2007 through 2009 and (ii) 70% for exemptions granted in
    taxable year 2010 and each taxable year thereafter, as
    certified by the United States Department of Veterans
    Affairs, the annual exemption is $5,000; and
        (2) for veterans with a service-connected disability
    of at least 50%, but less than (i) 75% for exemptions
    granted in taxable years 2007 through 2009 and (ii) 70% for
    exemptions granted in taxable year 2010 and each taxable
    year thereafter, as certified by the United States
    Department of Veterans Affairs, the annual exemption is
    $2,500.
    (c) The tax exemption under this Section carries over to
the benefit of the veteran's surviving spouse as long as the
spouse holds the legal or beneficial title to the homestead,
permanently resides thereon, and does not remarry. If the
surviving spouse sells the property, an exemption not to exceed
the amount granted from the most recent ad valorem tax roll may
be transferred to his or her new residence as long as it is
used as his or her primary residence and he or she does not
remarry.
    (d) The exemption under this Section applies for taxable
year 2007 and thereafter. A taxpayer who claims an exemption
under Section 15-165 or 15-168 may not claim an exemption under
this Section.
    (e) Each taxpayer who has been granted an exemption under
this Section must reapply on an annual basis. Application must
be made during the application period in effect for the county
of his or her residence. The assessor or chief county
assessment officer may determine the eligibility of
residential property to receive the homestead exemption
provided by this Section by application, visual inspection,
questionnaire, or other reasonable methods. The determination
must be made in accordance with guidelines established by the
Department.
    (f) For the purposes of this Section:
    "Qualified residence" means real property, but less any
portion of that property that is used for commercial purposes,
with an equalized assessed value of less than $250,000 that is
the disabled veteran's primary residence. Property rented for
more than 6 months is presumed to be used for commercial
purposes.
    "Veteran" means an Illinois resident who has served as a
member of the United States Armed Forces on active duty or
State active duty, a member of the Illinois National Guard, or
a member of the United States Reserve Forces and who has
received an honorable discharge.
(Source: P.A. 95-644, eff. 10-12-07.)
 
    (35 ILCS 200/15-170)
    (Text of Section before amendment by P.A. 96-339)
    Sec. 15-170. Senior Citizens Homestead Exemption. An
annual homestead exemption limited, except as described here
with relation to cooperatives or life care facilities, to a
maximum reduction set forth below from the property's value, as
equalized or assessed by the Department, is granted for
property that is occupied as a residence by a person 65 years
of age or older who is liable for paying real estate taxes on
the property and is an owner of record of the property or has a
legal or equitable interest therein as evidenced by a written
instrument, except for a leasehold interest, other than a
leasehold interest of land on which a single family residence
is located, which is occupied as a residence by a person 65
years or older who has an ownership interest therein, legal,
equitable or as a lessee, and on which he or she is liable for
the payment of property taxes. Before taxable year 2004, the
maximum reduction shall be $2,500 in counties with 3,000,000 or
more inhabitants and $2,000 in all other counties. For taxable
years 2004 through 2005, the maximum reduction shall be $3,000
in all counties. For taxable years 2006 and 2007, the maximum
reduction shall be $3,500 and, for taxable years 2008 and
thereafter, the maximum reduction is $4,000 in all counties.
    For land improved with an apartment building owned and
operated as a cooperative, the maximum reduction from the value
of the property, as equalized by the Department, shall be
multiplied by the number of apartments or units occupied by a
person 65 years of age or older who is liable, by contract with
the owner or owners of record, for paying property taxes on the
property and is an owner of record of a legal or equitable
interest in the cooperative apartment building, other than a
leasehold interest. For land improved with a life care
facility, the maximum reduction from the value of the property,
as equalized by the Department, shall be multiplied by the
number of apartments or units occupied by persons 65 years of
age or older, irrespective of any legal, equitable, or
leasehold interest in the facility, who are liable, under a
contract with the owner or owners of record of the facility,
for paying property taxes on the property. In a cooperative or
a life care facility where a homestead exemption has been
granted, the cooperative association or the management firm of
the cooperative or facility shall credit the savings resulting
from that exemption only to the apportioned tax liability of
the owner or resident who qualified for the exemption. Any
person who willfully refuses to so credit the savings shall be
guilty of a Class B misdemeanor. Under this Section and
Sections 15-175, 15-176, and 15-177, "life care facility" means
a facility, as defined in Section 2 of the Life Care Facilities
Act, with which the applicant for the homestead exemption has a
life care contract as defined in that Act.
    When a homestead exemption has been granted under this
Section and the person qualifying subsequently becomes a
resident of a facility licensed under the Assisted Living and
Shared Housing Act or the Nursing Home Care Act, the exemption
shall continue so long as the residence continues to be
occupied by the qualifying person's spouse if the spouse is 65
years of age or older, or if the residence remains unoccupied
but is still owned by the person qualified for the homestead
exemption.
    A person who will be 65 years of age during the current
assessment year shall be eligible to apply for the homestead
exemption during that assessment year. Application shall be
made during the application period in effect for the county of
his residence.
    Beginning with assessment year 2003, for taxes payable in
2004, property that is first occupied as a residence after
January 1 of any assessment year by a person who is eligible
for the senior citizens homestead exemption under this Section
must be granted a pro-rata exemption for the assessment year.
The amount of the pro-rata exemption is the exemption allowed
in the county under this Section divided by 365 and multiplied
by the number of days during the assessment year the property
is occupied as a residence by a person eligible for the
exemption under this Section. The chief county assessment
officer must adopt reasonable procedures to establish
eligibility for this pro-rata exemption.
    The assessor or chief county assessment officer may
determine the eligibility of a life care facility to receive
the benefits provided by this Section, by affidavit,
application, visual inspection, questionnaire or other
reasonable methods in order to insure that the tax savings
resulting from the exemption are credited by the management
firm to the apportioned tax liability of each qualifying
resident. The assessor may request reasonable proof that the
management firm has so credited the exemption.
    The chief county assessment officer of each county with
less than 3,000,000 inhabitants shall provide to each person
allowed a homestead exemption under this Section a form to
designate any other person to receive a duplicate of any notice
of delinquency in the payment of taxes assessed and levied
under this Code on the property of the person receiving the
exemption. The duplicate notice shall be in addition to the
notice required to be provided to the person receiving the
exemption, and shall be given in the manner required by this
Code. The person filing the request for the duplicate notice
shall pay a fee of $5 to cover administrative costs to the
supervisor of assessments, who shall then file the executed
designation with the county collector. Notwithstanding any
other provision of this Code to the contrary, the filing of
such an executed designation requires the county collector to
provide duplicate notices as indicated by the designation. A
designation may be rescinded by the person who executed such
designation at any time, in the manner and form required by the
chief county assessment officer.
    The assessor or chief county assessment officer may
determine the eligibility of residential property to receive
the homestead exemption provided by this Section by
application, visual inspection, questionnaire or other
reasonable methods. The determination shall be made in
accordance with guidelines established by the Department.
    In counties with 3,000,000 or more inhabitants, beginning
in taxable year 2010, each taxpayer who has been granted an
exemption under this Section must reapply on an annual basis.
The chief county assessment officer shall mail the application
to the taxpayer. In counties with less than 3,000,000
inhabitants, the county board may by resolution provide that if
a person has been granted a homestead exemption under this
Section, the person qualifying need not reapply for the
exemption.
    In counties with less than 3,000,000 inhabitants, if the
assessor or chief county assessment officer requires annual
application for verification of eligibility for an exemption
once granted under this Section, the application shall be
mailed to the taxpayer.
    The assessor or chief county assessment officer shall
notify each person who qualifies for an exemption under this
Section that the person may also qualify for deferral of real
estate taxes under the Senior Citizens Real Estate Tax Deferral
Act. The notice shall set forth the qualifications needed for
deferral of real estate taxes, the address and telephone number
of county collector, and a statement that applications for
deferral of real estate taxes may be obtained from the county
collector.
    Notwithstanding Sections 6 and 8 of the State Mandates Act,
no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 95-644, eff. 10-12-07; 95-876, eff. 8-21-08;
96-355, eff. 1-1-10.)
 
    (Text of Section after amendment by P.A. 96-339)
    Sec. 15-170. Senior Citizens Homestead Exemption. An
annual homestead exemption limited, except as described here
with relation to cooperatives or life care facilities, to a
maximum reduction set forth below from the property's value, as
equalized or assessed by the Department, is granted for
property that is occupied as a residence by a person 65 years
of age or older who is liable for paying real estate taxes on
the property and is an owner of record of the property or has a
legal or equitable interest therein as evidenced by a written
instrument, except for a leasehold interest, other than a
leasehold interest of land on which a single family residence
is located, which is occupied as a residence by a person 65
years or older who has an ownership interest therein, legal,
equitable or as a lessee, and on which he or she is liable for
the payment of property taxes. Before taxable year 2004, the
maximum reduction shall be $2,500 in counties with 3,000,000 or
more inhabitants and $2,000 in all other counties. For taxable
years 2004 through 2005, the maximum reduction shall be $3,000
in all counties. For taxable years 2006 and 2007, the maximum
reduction shall be $3,500 and, for taxable years 2008 and
thereafter, the maximum reduction is $4,000 in all counties.
    For land improved with an apartment building owned and
operated as a cooperative, the maximum reduction from the value
of the property, as equalized by the Department, shall be
multiplied by the number of apartments or units occupied by a
person 65 years of age or older who is liable, by contract with
the owner or owners of record, for paying property taxes on the
property and is an owner of record of a legal or equitable
interest in the cooperative apartment building, other than a
leasehold interest. For land improved with a life care
facility, the maximum reduction from the value of the property,
as equalized by the Department, shall be multiplied by the
number of apartments or units occupied by persons 65 years of
age or older, irrespective of any legal, equitable, or
leasehold interest in the facility, who are liable, under a
contract with the owner or owners of record of the facility,
for paying property taxes on the property. In a cooperative or
a life care facility where a homestead exemption has been
granted, the cooperative association or the management firm of
the cooperative or facility shall credit the savings resulting
from that exemption only to the apportioned tax liability of
the owner or resident who qualified for the exemption. Any
person who willfully refuses to so credit the savings shall be
guilty of a Class B misdemeanor. Under this Section and
Sections 15-175, 15-176, and 15-177, "life care facility" means
a facility, as defined in Section 2 of the Life Care Facilities
Act, with which the applicant for the homestead exemption has a
life care contract as defined in that Act.
    When a homestead exemption has been granted under this
Section and the person qualifying subsequently becomes a
resident of a facility licensed under the Assisted Living and
Shared Housing Act, or the Nursing Home Care Act, or the MR/DD
Community Care Act, the exemption shall continue so long as the
residence continues to be occupied by the qualifying person's
spouse if the spouse is 65 years of age or older, or if the
residence remains unoccupied but is still owned by the person
qualified for the homestead exemption.
    A person who will be 65 years of age during the current
assessment year shall be eligible to apply for the homestead
exemption during that assessment year. Application shall be
made during the application period in effect for the county of
his residence.
    Beginning with assessment year 2003, for taxes payable in
2004, property that is first occupied as a residence after
January 1 of any assessment year by a person who is eligible
for the senior citizens homestead exemption under this Section
must be granted a pro-rata exemption for the assessment year.
The amount of the pro-rata exemption is the exemption allowed
in the county under this Section divided by 365 and multiplied
by the number of days during the assessment year the property
is occupied as a residence by a person eligible for the
exemption under this Section. The chief county assessment
officer must adopt reasonable procedures to establish
eligibility for this pro-rata exemption.
    The assessor or chief county assessment officer may
determine the eligibility of a life care facility to receive
the benefits provided by this Section, by affidavit,
application, visual inspection, questionnaire or other
reasonable methods in order to insure that the tax savings
resulting from the exemption are credited by the management
firm to the apportioned tax liability of each qualifying
resident. The assessor may request reasonable proof that the
management firm has so credited the exemption.
    The chief county assessment officer of each county with
less than 3,000,000 inhabitants shall provide to each person
allowed a homestead exemption under this Section a form to
designate any other person to receive a duplicate of any notice
of delinquency in the payment of taxes assessed and levied
under this Code on the property of the person receiving the
exemption. The duplicate notice shall be in addition to the
notice required to be provided to the person receiving the
exemption, and shall be given in the manner required by this
Code. The person filing the request for the duplicate notice
shall pay a fee of $5 to cover administrative costs to the
supervisor of assessments, who shall then file the executed
designation with the county collector. Notwithstanding any
other provision of this Code to the contrary, the filing of
such an executed designation requires the county collector to
provide duplicate notices as indicated by the designation. A
designation may be rescinded by the person who executed such
designation at any time, in the manner and form required by the
chief county assessment officer.
    The assessor or chief county assessment officer may
determine the eligibility of residential property to receive
the homestead exemption provided by this Section by
application, visual inspection, questionnaire or other
reasonable methods. The determination shall be made in
accordance with guidelines established by the Department.
    In counties with 3,000,000 or more inhabitants, beginning
in taxable year 2010, each taxpayer who has been granted an
exemption under this Section must reapply on an annual basis.
The chief county assessment officer shall mail the application
to the taxpayer. In counties with less than 3,000,000
inhabitants, the county board may by resolution provide that if
a person has been granted a homestead exemption under this
Section, the person qualifying need not reapply for the
exemption.
    In counties with less than 3,000,000 inhabitants, if the
assessor or chief county assessment officer requires annual
application for verification of eligibility for an exemption
once granted under this Section, the application shall be
mailed to the taxpayer.
    The assessor or chief county assessment officer shall
notify each person who qualifies for an exemption under this
Section that the person may also qualify for deferral of real
estate taxes under the Senior Citizens Real Estate Tax Deferral
Act. The notice shall set forth the qualifications needed for
deferral of real estate taxes, the address and telephone number
of county collector, and a statement that applications for
deferral of real estate taxes may be obtained from the county
collector.
    Notwithstanding Sections 6 and 8 of the State Mandates Act,
no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 95-644, eff. 10-12-07; 95-876, eff. 8-21-08;
96-339, eff. 7-1-10; 96-355, eff. 1-1-10; revised 9-25-09.)
 
    (35 ILCS 200/15-176)
    Sec. 15-176. Alternative general homestead exemption.
    (a) For the assessment years as determined under subsection
(j), in any county that has elected, by an ordinance in
accordance with subsection (k), to be subject to the provisions
of this Section in lieu of the provisions of Section 15-175,
homestead property is entitled to an annual homestead exemption
equal to a reduction in the property's equalized assessed value
calculated as provided in this Section.
    (b) As used in this Section:
        (1) "Assessor" means the supervisor of assessments or
    the chief county assessment officer of each county.
        (2) "Adjusted homestead value" means the lesser of the
    following values:
            (A) The property's base homestead value increased
        by 7% for each tax year after the base year through and
        including the current tax year, or, if the property is
        sold or ownership is otherwise transferred, the
        property's base homestead value increased by 7% for
        each tax year after the year of the sale or transfer
        through and including the current tax year. The
        increase by 7% each year is an increase by 7% over the
        prior year.
            (B) The property's equalized assessed value for
        the current tax year minus: (i) $4,500 in Cook County
        or $3,500 in all other counties in tax year 2003; (ii)
        $5,000 in all counties in tax years 2004 and 2005; and
        (iii) the lesser of the amount of the general homestead
        exemption under Section 15-175 or an amount equal to
        the increase in the equalized assessed value for the
        current tax year above the equalized assessed value for
        1977 in tax year 2006 and thereafter.
        (3) "Base homestead value".
            (A) Except as provided in subdivision (b)(3)(A-5)
        or (b)(3)(B), "base homestead value" means the
        equalized assessed value of the property for the base
        year prior to exemptions, minus (i) $4,500 in Cook
        County or $3,500 in all other counties in tax year
        2003, (ii) $5,000 in all counties in tax years 2004 and
        2005, or (iii) the lesser of the amount of the general
        homestead exemption under Section 15-175 or an amount
        equal to the increase in the equalized assessed value
        for the current tax year above the equalized assessed
        value for 1977 in tax year 2006 and thereafter,
        provided that it was assessed for that year as
        residential property qualified for any of the
        homestead exemptions under Sections 15-170 through
        15-175 of this Code, then in force, and further
        provided that the property's assessment was not based
        on a reduced assessed value resulting from a temporary
        irregularity in the property for that year. Except as
        provided in subdivision (b)(3)(B), if the property did
        not have a residential equalized assessed value for the
        base year, then "base homestead value" means the base
        homestead value established by the assessor under
        subsection (c).
            (A-5) On or before September 1, 2007, in Cook
        County, the base homestead value, as set forth under
        subdivision (b)(3)(A) and except as provided under
        subdivision (b) (3) (B), must be recalculated as the
        equalized assessed value of the property for the base
        year, prior to exemptions, minus:
                (1) if the general assessment year for the
            property was 2003, the lesser of (i) $4,500 or (ii)
            the amount equal to the increase in equalized
            assessed value for the 2002 tax year above the
            equalized assessed value for 1977;
                (2) if the general assessment year for the
            property was 2004, the lesser of (i) $4,500 or (ii)
            the amount equal to the increase in equalized
            assessed value for the 2003 tax year above the
            equalized assessed value for 1977;
                (3) if the general assessment year for the
            property was 2005, the lesser of (i) $5,000 or (ii)
            the amount equal to the increase in equalized
            assessed value for the 2004 tax year above the
            equalized assessed value for 1977.
            (B) If the property is sold or ownership is
        otherwise transferred, other than sales or transfers
        between spouses or between a parent and a child, "base
        homestead value" means the equalized assessed value of
        the property at the time of the sale or transfer prior
        to exemptions, minus: (i) $4,500 in Cook County or
        $3,500 in all other counties in tax year 2003; (ii)
        $5,000 in all counties in tax years 2004 and 2005; and
        (iii) the lesser of the amount of the general homestead
        exemption under Section 15-175 or an amount equal to
        the increase in the equalized assessed value for the
        current tax year above the equalized assessed value for
        1977 in tax year 2006 and thereafter, provided that it
        was assessed as residential property qualified for any
        of the homestead exemptions under Sections 15-170
        through 15-175 of this Code, then in force, and further
        provided that the property's assessment was not based
        on a reduced assessed value resulting from a temporary
        irregularity in the property.
        (3.5) "Base year" means (i) tax year 2002 in Cook
    County or (ii) tax year 2008 or 2009 2005 or 2006 in all
    other counties in accordance with the designation made by
    the county as provided in subsection (k).
        (4) "Current tax year" means the tax year for which the
    exemption under this Section is being applied.
        (5) "Equalized assessed value" means the property's
    assessed value as equalized by the Department.
        (6) "Homestead" or "homestead property" means:
            (A) Residential property that as of January 1 of
        the tax year is occupied by its owner or owners as his,
        her, or their principal dwelling place, or that is a
        leasehold interest on which a single family residence
        is situated, that is occupied as a residence by a
        person who has a legal or equitable interest therein
        evidenced by a written instrument, as an owner or as a
        lessee, and on which the person is liable for the
        payment of property taxes. Residential units in an
        apartment building owned and operated as a
        cooperative, or as a life care facility, which are
        occupied by persons who hold a legal or equitable
        interest in the cooperative apartment building or life
        care facility as owners or lessees, and who are liable
        by contract for the payment of property taxes, shall be
        included within this definition of homestead property.
            (B) A homestead includes the dwelling place,
        appurtenant structures, and so much of the surrounding
        land constituting the parcel on which the dwelling
        place is situated as is used for residential purposes.
        If the assessor has established a specific legal
        description for a portion of property constituting the
        homestead, then the homestead shall be limited to the
        property within that description.
        (7) "Life care facility" means a facility as defined in
    Section 2 of the Life Care Facilities Act.
    (c) If the property did not have a residential equalized
assessed value for the base year as provided in subdivision
(b)(3)(A) of this Section, then the assessor shall first
determine an initial value for the property by comparison with
assessed values for the base year of other properties having
physical and economic characteristics similar to those of the
subject property, so that the initial value is uniform in
relation to assessed values of those other properties for the
base year. The product of the initial value multiplied by the
equalized factor for the base year for homestead properties in
that county, less: (i) $4,500 in Cook County or $3,500 in all
other counties in tax years 2003; (ii) $5,000 in all counties
in tax year 2004 and 2005; and (iii) the lesser of the amount
of the general homestead exemption under Section 15-175 or an
amount equal to the increase in the equalized assessed value
for the current tax year above the equalized assessed value for
1977 in tax year 2006 and thereafter, is the base homestead
value.
    For any tax year for which the assessor determines or
adjusts an initial value and hence a base homestead value under
this subsection (c), the initial value shall be subject to
review by the same procedures applicable to assessed values
established under this Code for that tax year.
    (d) The base homestead value shall remain constant, except
that the assessor may revise it under the following
circumstances:
        (1) If the equalized assessed value of a homestead
    property for the current tax year is less than the previous
    base homestead value for that property, then the current
    equalized assessed value (provided it is not based on a
    reduced assessed value resulting from a temporary
    irregularity in the property) shall become the base
    homestead value in subsequent tax years.
        (2) For any year in which new buildings, structures, or
    other improvements are constructed on the homestead
    property that would increase its assessed value, the
    assessor shall adjust the base homestead value as provided
    in subsection (c) of this Section with due regard to the
    value added by the new improvements.
        (3) If the property is sold or ownership is otherwise
    transferred, the base homestead value of the property shall
    be adjusted as provided in subdivision (b)(3)(B). This item
    (3) does not apply to sales or transfers between spouses or
    between a parent and a child.
        (4) the recalculation required in Cook County under
    subdivision (b)(3)(A-5).
    (e) The amount of the exemption under this Section is the
equalized assessed value of the homestead property for the
current tax year, minus the adjusted homestead value, with the
following exceptions:
        (1) In Cook County, the exemption under this Section
    shall not exceed $20,000 for any taxable year through tax
    year:
            (i) 2005, if the general assessment year for the
        property is 2003;
            (ii) 2006, if the general assessment year for the
        property is 2004; or
            (iii) 2007, if the general assessment year for the
        property is 2005.
        (1.1) Thereafter, in Cook County, and in all other
    counties, the exemption is as follows:
            (i) if the general assessment year for the property
        is 2006, then the exemption may not exceed: $33,000 for
        taxable year 2006; $26,000 for taxable year 2007; and
        $20,000 for taxable years year 2008 and 2009; $16,000
        for taxable year 2010; and $12,000 for taxable year
        2011;
            (ii) if the general assessment year for the
        property is 2007, then the exemption may not exceed:
        $33,000 for taxable year 2007; $26,000 for taxable year
        2008; and $20,000 for taxable years year 2009 and 2010;
        $16,000 for taxable year 2011; and $12,000 for taxable
        year 2012; and
            (iii) if the general assessment year for the
        property is 2008, then the exemption may not exceed:
        $33,000 for taxable year 2008; $26,000 for taxable year
        2009; and $20,000 for taxable years year 2010 and 2011;
        $16,000 for taxable year 2012; and $12,000 for taxable
        year 2013.
    (1.5) In Cook County, for the 2006 taxable year only, the
maximum amount of the exemption set forth under subsection
(e)(1.1)(i) of this Section may be increased: (i) by $7,000 if
the equalized assessed value of the property in that taxable
year exceeds the equalized assessed value of that property in
2002 by 100% or more; or (ii) by $2,000 if the equalized
assessed value of the property in that taxable year exceeds the
equalized assessed value of that property in 2002 by more than
80% but less than 100%.
        (2) In the case of homestead property that also
    qualifies for the exemption under Section 15-172, the
    property is entitled to the exemption under this Section,
    limited to the amount of (i) $4,500 in Cook County or
    $3,500 in all other counties in tax year 2003, (ii) $5,000
    in all counties in tax years 2004 and 2005, or (iii) the
    lesser of the amount of the general homestead exemption
    under Section 15-175 or an amount equal to the increase in
    the equalized assessed value for the current tax year above
    the equalized assessed value for 1977 in tax year 2006 and
    thereafter.
    (f) In the case of an apartment building owned and operated
as a cooperative, or as a life care facility, that contains
residential units that qualify as homestead property under this
Section, the maximum cumulative exemption amount attributed to
the entire building or facility shall not exceed the sum of the
exemptions calculated for each qualified residential unit. The
cooperative association, management firm, or other person or
entity that manages or controls the cooperative apartment
building or life care facility shall credit the exemption
attributable to each residential unit only to the apportioned
tax liability of the owner or other person responsible for
payment of taxes as to that unit. Any person who willfully
refuses to so credit the exemption is guilty of a Class B
misdemeanor.
    (g) When married persons maintain separate residences, the
exemption provided under this Section shall be claimed by only
one such person and for only one residence.
    (h) In the event of a sale or other transfer in ownership
of the homestead property, the exemption under this Section
shall remain in effect for the remainder of the tax year and be
calculated using the same base homestead value in which the
sale or transfer occurs, but (other than for sales or transfers
between spouses or between a parent and a child) shall be
calculated for any subsequent tax year using the new base
homestead value as provided in subdivision (b)(3)(B). The
assessor may require the new owner of the property to apply for
the exemption in the following year.
    (i) The assessor may determine whether property qualifies
as a homestead under this Section by application, visual
inspection, questionnaire, or other reasonable methods. Each
year, at the time the assessment books are certified to the
county clerk by the board of review, the assessor shall furnish
to the county clerk a list of the properties qualified for the
homestead exemption under this Section. The list shall note the
base homestead value of each property to be used in the
calculation of the exemption for the current tax year.
    (j) In counties with 3,000,000 or more inhabitants, the
provisions of this Section apply as follows:
        (1) If the general assessment year for the property is
    2003, this Section applies for assessment years 2003
    through 2011 , 2004, 2005, 2006, 2007, and 2008.
    Thereafter, the provisions of Section 15-175 apply.
        (2) If the general assessment year for the property is
    2004, this Section applies for assessment years 2004
    through 2012 , 2005, 2006, 2007, 2008, and 2009.
    Thereafter, the provisions of Section 15-175 apply.
        (3) If the general assessment year for the property is
    2005, this Section applies for assessment years 2005
    through 2013 , 2006, 2007, 2008, 2009, and 2010.
    Thereafter, the provisions of Section 15-175 apply.
    In counties with less than 3,000,000 inhabitants, this
Section applies for assessment years (i) 2009, 2010, 2011, and
2012 2006, 2007, and 2008, and 2009 if tax year 2008 2005 is
the designated base year or (ii) 2010, 2011, 2012, and 2013
2007, 2008, 2009, and 2010 if tax year 2009 2006 is the
designated base year. Thereafter, the provisions of Section
15-175 apply.
    (k) To be subject to the provisions of this Section in lieu
of Section 15-175, a county must adopt an ordinance to subject
itself to the provisions of this Section within 6 months after
the effective date of this amendatory Act of the 96th 95th
General Assembly. In a county other than Cook County, the
ordinance must designate either tax year 2008 2005 or tax year
2009 2006 as the base year.
    (l) Notwithstanding Sections 6 and 8 of the State Mandates
Act, no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 95-644, eff. 10-12-07.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/2/2010