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|[ Introduced ]||[ Engrossed ]||[ Senate Amendment 001 ]|
90_SB1370enr 35 ILCS 250/15 35 ILCS 250/20 Amends the Longtime Owner-Occupant Property Tax Relief Act. Provides that if the corporate authority of a county with 3,000,000 or more inhabitants enacts an ordinance or resolution designating certain areas eligible for the special property tax relief under the Act, a municipality having a population exceeding 500,000 within that county and a school district in a municipality having a population exceeding 500,000 within that county must participate in the program. Preempts home rule. Effective immediately. LRB9010334KDcdA SB1370 Enrolled LRB9010334KDcdA 1 AN ACT to amend the Longtime Owner-Occupant Property Tax 2 Relief Act by changing Sections 15 and 20. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Longtime Owner-Occupant Property Tax 6 Relief Act is amended by changing Sections 15 and 20 as 7 follows: 8 (35 ILCS 250/15) 9 Sec. 15. Deferral or exemption authority. 10 (a) The corporate authorities of a county shall have the 11 power to provide, by ordinance or resolution, for uniform 12 special real property tax relief provisions granting longtime 13 owner-occupants a deferral or exemption, or combination 14 thereof, in the payment of that portion of an increase of 15 real property taxes which is due to an increase in the market 16 value of the real property as a consequence of the 17 refurbishing or renovating of other residences or the 18 construction of new residences in long-established 19 residential areas or areas of deteriorated, vacant or 20 abandoned homes and properties. A deferral or exemption, or 21 combination thereof, may be granted until the longtime 22 owner-occupant transfers title to the property. 23 (b) The corporate authority of a county is authorized to 24 enact ordinances or resolutions that provide for the 25 designation of areas eligible for the special real property 26 tax relief provisions under this Act. Before enacting an 27 ordinance or resolution that proposes designating such an 28 area, the corporate authorities shall conduct a public 29 hearing on the proposed ordinance or resolution. 30 (c) School districts and municipalities within a county 31 have authority to determine their participation in the SB1370 Enrolled -2- LRB9010334KDcdA 1 program of special real property tax relief within their 2 taxing jurisdictions. The provisions of this subsection shall 3 not apply to municipalities and school districts included 4 under subsection (d) of this Section. 5 (d) Notwithstanding any provision to the contrary, if 6 the corporate authority of a county with 3,000,000 or more 7 inhabitants enacts an ordinance or resolution in accordance 8 with subsection (c), a municipality having a population 9 exceeding 500,000 within that county and a school district in 10 a municipality having a population exceeding 500,000 within 11 that county must participate in the program of special 12 property tax relief within their taxing jurisdiction. This 13 subsection is a denial and limitation of home rule powers and 14 functions under subsection (g) of Section 6 of Article VII of 15 the Illinois Constitution. 16 (Source: P.A. 88-451; 89-127, eff. 1-1-96.) 17 (35 ILCS 250/20) 18 Sec. 20. Conditions of deferral or exemption. 19 (a) Any deferral or exemption of payment of an increase 20 in real property taxes granted under this Act shall be 21 limited to real property that meets both of the following 22 conditions: 23 (1) The property is owned and occupied by a 24 longtime owner-occupant. 25 (2) The property is the principal residence and 26 domicile of the longtime owner-occupant. 27 The corporate authorities of a county, by ordinance or 28 resolution, may impose additional criteria for qualifying for 29 a deferral or exemption under this Act including, but not 30 limited to, (i) requiring the owner-occupant to have owned 31 and occupied the same dwelling place as principal residence 32 and domicile for a period of more than 10 years, (ii) 33 establishing age criteria for eligibility of an SB1370 Enrolled -3- LRB9010334KDcdA 1 owner-occupant, and (iii) establishing income criteria for 2 eligibility of an owner-occupant. 3 (b) No penalties or interest shall accrue on the portion 4 of any deferral granted under this Act. 5 (c) Except as provided in subsection (d) of Section 15, 6 school districts and municipalities within a county to which 7 this Act applies may determine whether financial need, age, 8 or both, of the longtime owner-occupant shall be used to 9 determine eligibility. 10 (Source: P.A. 88-451; 88-669, eff. 11-29-94.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.
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