Public Act 90-0471 of the 90th General Assembly
Public Act 90-0471
HB1513 Enrolled LRB9004723KDcc
AN ACT to amend the Property Tax Code by changing
Sections 15-170 and 30-25.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing
Sections 15-170 and 30-25 as follows:
(35 ILCS 200/15-170)
Sec. 15-170. Senior Citizens Homestead Exemption. An
annual homestead exemption limited, except as described here
with relation to cooperatives, 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. The maximum reduction
shall be $2,500 in counties with 3,000,000 or more
inhabitants and $2,000 in all other counties. For land
improved with an apartment building owned and operated as a
cooperative or a building which is a life care facility which
shall be considered to be 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. In a
cooperative where a homestead exemption has been granted,
the cooperative association or its management firm shall
credit the savings resulting from that exemption only to the
apportioned tax liability of the owner 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 Section 15-175, "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, which requires
the applicant to pay property taxes.
When a homestead exemption has been granted under this
Section and the person qualifying subsequently becomes a
resident of a facility licensed under 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.
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 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.
(Source: P.A. 88-455; 89-412, eff. 11-17-95.)
(35 ILCS 200/30-25)
Sec. 30-25. Distributions from account.
(a) At the direction of the corporate authorities of a
taxing district, the treasurer of the taxing district shall
disburse the amounts held in the tax reimbursement account.
Unless the taxing district has divided the moneys as provided
in subsection (b), disbursements shall be made to all of the
owners of taxable homestead property within the taxing
district. Each owner of taxable homestead property shall
receive a proportionate share of the total disbursement based
on the amount of ad valorem taxes on taxable homestead
property paid by the owner to the taxing district under the
most recent tax bill.
(b) The corporate authorities of a taxing district may
direct the treasurer to divide the moneys deposited into the
account into 2 separate pools to be designated the homestead
property pool and the commercial or industrial property pool.
The amount to be deposited into each pool shall be determined
by the corporate authorities of the taxing district, except
that at least 50% of the moneys in the account shall be
deposited into the homestead property pool. The treasurer
shall disburse the amounts held in each pool in the tax
reimbursement account at the direction of the corporate
authorities. Disbursements from the homestead property pool
shall be made to all of the owners of taxable homestead
property within the taxing district. Each owner of taxable
homestead property shall receive a proportionate share of the
total disbursement from the pool based on the amount of ad
valorem taxes on taxable homestead property paid by the owner
to the taxing district under the most recent tax bill.
Disbursements from the commercial or industrial property pool
shall be made to all of the owners of taxable commercial or
industrial property, except those owners whose property is
located within a tax increment financing district or those
owners whose property is classified as an apartment building.
Each eligible owner of taxable commercial or industrial
property shall receive a proportionate share of the total
disbursement from the pool based on the amount of ad valorem
taxes on taxable commercial or industrial property paid by
the owner to the taxing district under the most recent tax
bill.
(c) In determining the proportionate share of each owner
of homestead property, the numerator shall be the amount of
taxes on homestead property paid by that owner to the taxing
district under the most recent tax bill, and the denominator
shall be the aggregate total of all taxes on homestead
property paid by all owners to the taxing district under the
most recent tax bills.
(d) In determining the proportionate share of each owner
of commercial or industrial property, the numerator shall be
the amount of taxes on commercial or industrial property paid
by that owner to the taxing district under the most recent
tax bill, and the denominator shall be the aggregate total of
all taxes on commercial or industrial property paid by all
owners to the taxing district under the most recent tax bills
less taxes paid on commercial or industrial property located
in a tax increment financing district and taxes paid on an
apartment building.
(Source: P.A. 87-737; 87-767; 88-455.)
Section 99. Effective date. This Act takes effect upon
becoming law.