093_SB2111

 
                                     LRB093 13599 SJM 18974 b

 1        AN ACT  in relation to 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 15-170 as follows:

 6        (35 ILCS 200/15-170)
 7        Sec. 15-170.  Senior Citizens  Homestead  Exemption.   An
 8    annual  homestead exemption limited, except as described here
 9    with relation to cooperatives or life care facilities,  to  a
10    maximum  reduction set forth below from the property's value,
11    as  equalized or assessed by the Department, is  granted  for
12    property  that  is   occupied  as  a residence by a person 65
13    years of age or older who is liable for  paying  real  estate
14    taxes  on  the  property  and  is  an  owner of record of the
15    property or has a legal  or  equitable  interest  therein  as
16    evidenced  by  a  written  instrument, except for a leasehold
17    interest, other than a leasehold interest of land on which  a
18    single  family  residence  is located, which is occupied as a
19    residence by a person 65 years or older who has an  ownership
20    interest  therein,  legal,  equitable  or as a lessee, and on
21    which he or she is liable for the payment of property taxes.
22        The maximum reduction shall be $2,500 plus the additional
23    exemption provided  in  this  paragraph,  if  applicable,  in
24    counties with 3,000,000 or more inhabitants and $2,000 in all
25    other  counties.  For owners whose qualified property is in a
26    county with 3,000,000 or more inhabitants and has an assessed
27    valuation that has  increased  by  more  than  20%  over  the
28    previous  assessed valuation of that property, there shall be
29    an additional exemption of: $500 for owners with a  household
30    income of $30,000 or more; $1,000 for owners with a household
31    income  of  $20,000 or more but less than $30,000; and $1,500
 
                            -2-      LRB093 13599 SJM 18974 b
 1    for owners with a household income of less than $20,000.
 2        For land improved with an apartment  building  owned  and
 3    operated  as  a  cooperative,  the maximum reduction from the
 4    value of the property, as equalized by the Department,  shall
 5    be  multiplied  by the number of apartments or units occupied
 6    by a person 65 years of  age  or  older  who  is  liable,  by
 7    contract  with  the  owner  or  owners of  record, for paying
 8    property taxes on the property and is an owner of record of a
 9    legal or equitable  interest  in  the  cooperative  apartment
10    building, other than a leasehold interest.  For land improved
11    with  a  life  care  facility, the maximum reduction from the
12    value of the property, as equalized by the Department,  shall
13    be  multiplied  by the number of apartments or units occupied
14    by persons 65 years of age  or  older,  irrespective  of  any
15    legal,  equitable, or leasehold interest in the facility, who
16    are liable, under a contract with  the  owner  or  owners  of
17    record  of  the  facility,  for  paying property taxes on the
18    property.  In a cooperative or a life care facility  where  a
19    homestead    exemption  has  been  granted,  the  cooperative
20    association or the management  firm  of  the  cooperative  or
21    facility   shall  credit  the  savings  resulting  from  that
22    exemption only to the apportioned tax liability of the  owner
23    or  resident  who qualified for the exemption. Any person who
24    willfully refuses to so credit the savings shall be guilty of
25    a Class B misdemeanor. Under this Section and Section 15-175,
26    "life care facility" means a facility as defined in Section 2
27    of the Life Care Facilities Act, with which the applicant for
28    the homestead exemption has a life care contract  as  defined
29    in that Act.
30        "Household",  as  used  in this Section, means the owner,
31    the spouse of the owner, and all persons using the  residence
32    of the owner as their principal place of residence.
33        "Household  income",  as  used in this Section, means the
34    combined income  of  the  members  of  a  household  for  the
 
                            -3-      LRB093 13599 SJM 18974 b
 1    calendar year preceding the taxable year.
 2        "Income",  as  used in this Section, has the same meaning
 3    as provided in  Section  3.07  of  the  Senior  Citizens  and
 4    Disabled  Persons  Property  Tax  Relief  and  Pharmaceutical
 5    Assistance   Act,  except  that  "income"  does  not  include
 6    veteran's benefits.
 7        When a homestead exemption has been  granted  under  this
 8    Section  and  the  person  qualifying  subsequently becomes a
 9    resident of a facility licensed under the Nursing  Home  Care
10    Act,  the  exemption  shall continue so long as the residence
11    continues to be occupied by the qualifying person's spouse if
12    the spouse is 65 years of age or older, or if  the  residence
13    remains unoccupied but is still owned by the person qualified
14    for the homestead exemption.
15        A  person  who will be 65 years of age during the current
16    assessment year shall be eligible to apply for the  homestead
17    exemption  during  that assessment year. Application shall be
18    made during the application period in effect for  the  county
19    of his residence.
20        Beginning with assessment year 2003, for taxes payable in
21    2004,  property  that  is first occupied as a residence after
22    January 1 of any assessment year by a person who is  eligible
23    for  the  senior  citizens  homestead  exemption  under  this
24    Section   must  be  granted  a  pro-rata  exemption  for  the
25    assessment year. The amount of the pro-rata exemption is  the
26    exemption allowed in the county under this Section divided by
27    365   and  multiplied  by  the  number  of  days  during  the
28    assessment year the property is occupied as a residence by  a
29    person  eligible  for  the exemption under this Section.  The
30    chief  county  assessment  officer  must   adopt   reasonable
31    procedures   to   establish  eligibility  for  this  pro-rata
32    exemption.
33        The assessor  or  chief  county  assessment  officer  may
34    determine  the eligibility of a life care facility to receive
 
                            -4-      LRB093 13599 SJM 18974 b
 1    the  benefits  provided  by  this  Section,   by   affidavit,
 2    application,   visual   inspection,  questionnaire  or  other
 3    reasonable methods in order to insure that  the  tax  savings
 4    resulting  from  the exemption are credited by the management
 5    firm to the apportioned  tax  liability  of  each  qualifying
 6    resident.  The assessor may request reasonable proof that the
 7    management firm has so credited the exemption.
 8        The  chief  county assessment officer of each county with
 9    less than 3,000,000 inhabitants shall provide to each  person
10    allowed  a  homestead  exemption under this Section a form to
11    designate any other person to  receive  a  duplicate  of  any
12    notice  of  delinquency  in the payment of taxes assessed and
13    levied  under  this  Code  on  the  property  of  the  person
14    receiving the exemption. The duplicate notice   shall  be  in
15    addition  to the notice required to be provided to the person
16    receiving the exemption, and shall be  given  in  the  manner
17    required by this Code.  The person filing the request for the
18    duplicate   notice   shall   pay   a   fee  of  $5  to  cover
19    administrative costs to the supervisor  of  assessments,  who
20    shall  then  file  the  executed  designation with the county
21    collector.  Notwithstanding any other provision of this  Code
22    to  the  contrary, the filing of such an executed designation
23    requires the county collector to provide duplicate notices as
24    indicated by the designation.  A designation may be rescinded
25    by the person who executed such designation at any  time,  in
26    the  manner  and form required by the chief county assessment
27    officer.
28        The assessor  or  chief  county  assessment  officer  may
29    determine  the eligibility of residential property to receive
30    the  homestead  exemption  provided  by   this   Section   by
31    application,   visual   inspection,  questionnaire  or  other
32    reasonable methods.   The  determination  shall  be  made  in
33    accordance with guidelines established by the Department.
34        In  counties  with  less  than 3,000,000 inhabitants, the
 
                            -5-      LRB093 13599 SJM 18974 b
 1    county board may by resolution provide that if a  person  has
 2    been  granted  a  homestead exemption under this Section, the
 3    person qualifying need not reapply for the exemption.
 4        In counties with 3,000,000  or  more  inhabitants,  if  a
 5    person  has  been  granted  a  homestead exemption under this
 6    Section, the person  qualifying  need  not  reapply  for  the
 7    exemption  unless  the  person  is applying for an additional
 8    exemption based upon a household income of less than $40,000.
 9        In counties with less than 3,000,000 inhabitants, if  the
10    assessor  or  chief county assessment officer requires annual
11    application for verification of eligibility for an  exemption
12    once  granted  under  this  Section, the application shall be
13    mailed to the taxpayer.
14        The assessor or chief  county  assessment  officer  shall
15    notify  each person who qualifies for an exemption under this
16    Section that the person may also qualify for deferral of real
17    estate taxes  under  the  Senior  Citizens  Real  Estate  Tax
18    Deferral  Act.  The notice shall set forth the qualifications
19    needed for deferral of real estate  taxes,  the  address  and
20    telephone  number  of  county collector, and a statement that
21    applications  for  deferral  of  real  estate  taxes  may  be
22    obtained from the county collector.
23        Notwithstanding Sections 6 and 8 of  the  State  Mandates
24    Act,  no  reimbursement  by  the  State  is  required for the
25    implementation of any mandate created by this Section.
26    (Source: P.A. 92-196, eff. 1-1-02; 93-511, eff. 8-11-03.)

27        Section 99.  Effective date.  This Act takes effect  upon
28    becoming law.