State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]

90_HB0623enr

      35 ILCS 200/15-180
          Amends the Property Tax Code. Deletes provision  granting
      the  homestead  improvement exemption to property following a
      catastropic event.  Provides  that  the  exemption  shall  be
      available  for  the  rebuilding  of  a  residential structure
      destroyed or rendered uninhabitable or  otherwise  unfit  for
      occupancy or for customary use by accidental means (excluding
      destruction  resulting  from  the  willful  misconduct of the
      owner). Requires that the owner provide proof  to  the  chief
      county  assessment  officer  that the improvement is eligible
      for the exemption. Requires that  the  structure  be  rebuilt
      within  2  years  after  becoming eligible for the exemption.
      Limits the exemption to $30,000 per year in  fair cash  value
      and applies to the increase in value of the rebuilt structure
      over  the  value  of the structure before it was destroyed or
      rendered uninhabitable or otherwise unfit  for  occupancy  or
      for customary use. Effective January 1, 1998.
                                                     LRB9001746KDcc
HB0623 Enrolled                                LRB9001746KDcc
 1        AN ACT to amend the Property Tax Code by changing Section
 2    15-180.
 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 15-180 as follows:
 7        (35 ILCS 200/15-180)
 8        (Text of Section before amendment by P.A. 89-690)
 9        Sec.    15-180.    Homestead   improvements.    Homestead
10    properties  that  have  been  improved  are  entitled  to   a
11    homestead  improvement exemption, limited to $30,000 per year
12    in fair cash value, when that  property  is  owned  and  used
13    exclusively  for a residential purpose and upon demonstration
14    that a proposed increase in assessed  value  is  attributable
15    solely  to  a  new  improvement of an existing structure. The
16    amount of the exemption shall be limited  to  the  fair  cash
17    value  added  by the new improvement and shall continue for 4
18    years  from  the  date  the  improvement  is  completed   and
19    occupied,  or  until the next following general assessment of
20    that property, whichever is later.
21        In  counties  of  less  than  3,000,000  inhabitants,  in
22    addition to the notice requirement  under  Section  12-30,  a
23    supervisor  of  assessments,  county assessor, or township or
24    multi-township assessor responsible for adding an  assessable
25    improvement  to  a  residential  property's  assessment shall
26    either notify a taxpayer whose assessment  has  been  changed
27    since  the  last  preceding  assessment that he or she may be
28    eligible for the exemption provided  under  this  Section  or
29    shall grant the exemption automatically.
30    (Source: P.A. 88-455; 89-595, eff. 1-1-97.)
31        (Text of Section after amendment by P.A. 89-690)
HB0623 Enrolled             -2-                LRB9001746KDcc
 1        Sec.    15-180.    Homestead   improvements.    Homestead
 2    properties that have been improved and residential structures
 3    on homestead property that  have  been  rebuilt  following  a
 4    catastrophic  event  are  entitled to a homestead improvement
 5    exemption, limited to $30,000 per year in  fair  cash  value,
 6    when  that  property  is  owned  and  used  exclusively for a
 7    residential purpose and upon demonstration  that  a  proposed
 8    increase  in  assessed value is attributable solely to: (i) a
 9    new  improvement  of  an  existing  structure  or  (ii)   the
10    rebuilding  of  a residential structure destroyed or rendered
11    uninhabitable  or  otherwise  unfit  for  occupancy  or   for
12    customary  use  by accidental means (excluding that resulting
13    from the willful misconduct of the  owner  of  the  property,
14    mine  subsidence,  or  if rebuilt as a result of flooding and
15    located within a local jurisdiction not  partipating  in  the
16    National  Flood  Insurance  Program).   To be eligible for an
17    exemption under this  Section  for  rebuilt  structures,  the
18    owner of the property must, within 90 days after applying for
19    a  permit  to  rebuild  the  structure,  provide to the chief
20    county assessment officer such documentation as he or she may
21    require, including a  copy  of  the  permit  to  rebuild  the
22    structure,  as  proof  that  the improvement is eligible. The
23    structure must be  rebuilt  within  2  years  after  becoming
24    eligible   for  the  exemption.  The  exemption  for  rebuilt
25    structures under this Section is limited to $30,000 per  year
26    in  fair  cash  value and applies to the increase in value of
27    the rebuilt structure over the value of the structure  before
28    it was destroyed or rendered uninhabitable or otherwise unfit
29    for   occupancy   or  customary  use.  the  rebuilding  of  a
30    residential structure following a catastrophic event.  To  be
31    eligible   for  an  exemption  under  this  Section  after  a
32    catastrophic event, the residential structure must be rebuilt
33    within 2 years after the catastrophic  event.  The  exemption
34    for  rebuilt  structures  under  this  Section applies to the
HB0623 Enrolled             -3-                LRB9001746KDcc
 1    increase in value of the rebuilt structure over the value  of
 2    the  structure  before  the catastrophic event. The amount of
 3    the exemption shall be limited to the fair cash  value  added
 4    by the new improvement or rebuilding and shall continue for 4
 5    years   from  the  date  the  improvement  or  rebuilding  is
 6    completed and occupied, or until the next  following  general
 7    assessment of that property, whichever is later.
 8        A proclamation of disaster by the President of the United
 9    States  or  Governor  of  the  State  of  Illinois  is  not a
10    prerequisite to the classification  of  an  occurrence  as  a
11    catastrophic  event  under  this  Section.   A  "catastrophic
12    event"  may  include  an  occurrence  of widespread or severe
13    damage or loss of property resulting  from  any  catastrophic
14    cause  including  but  not  limited  to fire, including arson
15    (provided the fire was not caused by the willful action of an
16    owner or resident of the property), flood, earthquake,  wind,
17    storm,  explosion,  or  extended  periods of severe inclement
18    weather.  In the case of a residential structure affected  by
19    flooding,  the  structure  shall  not  be  eligible  for this
20    homestead improvement exemption unless it is located within a
21    local jurisdiction which is  participating  in  the  National
22    Flood Insurance Program.
23        In  counties  of  less  than  3,000,000  inhabitants,  in
24    addition  to  the  notice  requirement under Section 12-30, a
25    supervisor of assessments, county assessor,  or  township  or
26    multi-township  assessor responsible for adding an assessable
27    improvement to  a  residential  property's  assessment  shall
28    either  notify  a  taxpayer whose assessment has been changed
29    since the last preceding assessment that he  or  she  may  be
30    eligible  for  the  exemption  provided under this Section or
31    shall grant the exemption automatically.
32    (Source: P.A.  88-455;  89-595,  eff.  1-1-97;  89-690,  eff.
33    6-1-97; revised 1-15-97)
HB0623 Enrolled             -4-                LRB9001746KDcc
 1        Section  95.   No  acceleration or delay.  Where this Act
 2    makes changes in a statute that is represented in this Act by
 3    text that is not yet or no longer in effect (for  example,  a
 4    Section  represented  by  multiple versions), the use of that
 5    text does not accelerate or delay the taking  effect  of  (i)
 6    the  changes made by this Act or (ii) provisions derived from
 7    any other Public Act.

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