97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2788

 

Introduced 2/18/2011, by Rep. Tom Cross - Michael W. Tryon

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/15-172

    Amends the Property Tax Code. Makes a technical change in a Section concerning the senior citizens assessment freeze homestead exemption.


LRB097 08892 HLH 49023 b

 

 

A BILL FOR

 

HB2788LRB097 08892 HLH 49023 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Section 15-172 as follows:
 
6    (35 ILCS 200/15-172)
7    Sec. 15-172. Senior Citizens Assessment Freeze Homestead
8Exemption.
9    (a) This Section may be cited as the the Senior Citizens
10Assessment Freeze Homestead Exemption.
11    (b) As used in this Section:
12    "Applicant" means an individual who has filed an
13application under this Section.
14    "Base amount" means the base year equalized assessed value
15of the residence plus the first year's equalized assessed value
16of any added improvements which increased the assessed value of
17the residence after the base year.
18    "Base year" means the taxable year prior to the taxable
19year for which the applicant first qualifies and applies for
20the exemption provided that in the prior taxable year the
21property was improved with a permanent structure that was
22occupied as a residence by the applicant who was liable for
23paying real property taxes on the property and who was either

 

 

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1(i) an owner of record of the property or had legal or
2equitable interest in the property as evidenced by a written
3instrument or (ii) had a legal or equitable interest as a
4lessee in the parcel of property that was single family
5residence. If in any subsequent taxable year for which the
6applicant applies and qualifies for the exemption the equalized
7assessed value of the residence is less than the equalized
8assessed value in the existing base year (provided that such
9equalized assessed value is not based on an assessed value that
10results from a temporary irregularity in the property that
11reduces the assessed value for one or more taxable years), then
12that subsequent taxable year shall become the base year until a
13new base year is established under the terms of this paragraph.
14For taxable year 1999 only, the Chief County Assessment Officer
15shall review (i) all taxable years for which the applicant
16applied and qualified for the exemption and (ii) the existing
17base year. The assessment officer shall select as the new base
18year the year with the lowest equalized assessed value. An
19equalized assessed value that is based on an assessed value
20that results from a temporary irregularity in the property that
21reduces the assessed value for one or more taxable years shall
22not be considered the lowest equalized assessed value. The
23selected year shall be the base year for taxable year 1999 and
24thereafter until a new base year is established under the terms
25of this paragraph.
26    "Chief County Assessment Officer" means the County

 

 

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1Assessor or Supervisor of Assessments of the county in which
2the property is located.
3    "Equalized assessed value" means the assessed value as
4equalized by the Illinois Department of Revenue.
5    "Household" means the applicant, the spouse of the
6applicant, and all persons using the residence of the applicant
7as their principal place of residence.
8    "Household income" means the combined income of the members
9of a household for the calendar year preceding the taxable
10year.
11    "Income" has the same meaning as provided in Section 3.07
12of the Senior Citizens and Disabled Persons Property Tax Relief
13and Pharmaceutical Assistance Act, except that, beginning in
14assessment year 2001, "income" does not include veteran's
15benefits.
16    "Internal Revenue Code of 1986" means the United States
17Internal Revenue Code of 1986 or any successor law or laws
18relating to federal income taxes in effect for the year
19preceding the taxable year.
20    "Life care facility that qualifies as a cooperative" means
21a facility as defined in Section 2 of the Life Care Facilities
22Act.
23    "Maximum income limitation" means:
24        (1) $35,000 prior to taxable year 1999;
25        (2) $40,000 in taxable years 1999 through 2003;
26        (3) $45,000 in taxable years 2004 through 2005;

 

 

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1        (4) $50,000 in taxable years 2006 and 2007; and
2        (5) $55,000 in taxable year 2008 and thereafter.
3    "Residence" means the principal dwelling place and
4appurtenant structures used for residential purposes in this
5State occupied on January 1 of the taxable year by a household
6and so much of the surrounding land, constituting the parcel
7upon which the dwelling place is situated, as is used for
8residential purposes. If the Chief County Assessment Officer
9has established a specific legal description for a portion of
10property constituting the residence, then that portion of
11property shall be deemed the residence for the purposes of this
12Section.
13    "Taxable year" means the calendar year during which ad
14valorem property taxes payable in the next succeeding year are
15levied.
16    (c) Beginning in taxable year 1994, a senior citizens
17assessment freeze homestead exemption is granted for real
18property that is improved with a permanent structure that is
19occupied as a residence by an applicant who (i) is 65 years of
20age or older during the taxable year, (ii) has a household
21income that does not exceed the maximum income limitation,
22(iii) is liable for paying real property taxes on the property,
23and (iv) is an owner of record of the property or has a legal or
24equitable interest in the property as evidenced by a written
25instrument. This homestead exemption shall also apply to a
26leasehold interest in a parcel of property improved with a

 

 

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1permanent structure that is a single family residence that is
2occupied as a residence by a person who (i) is 65 years of age
3or older during the taxable year, (ii) has a household income
4that does not exceed the maximum income limitation, (iii) has a
5legal or equitable ownership interest in the property as
6lessee, and (iv) is liable for the payment of real property
7taxes on that property.
8    In counties of 3,000,000 or more inhabitants, the amount of
9the exemption for all taxable years is the equalized assessed
10value of the residence in the taxable year for which
11application is made minus the base amount. In all other
12counties, the amount of the exemption is as follows: (i)
13through taxable year 2005 and for taxable year 2007 and
14thereafter, the amount of this exemption shall be the equalized
15assessed value of the residence in the taxable year for which
16application is made minus the base amount; and (ii) for taxable
17year 2006, the amount of the exemption is as follows:
18        (1) For an applicant who has a household income of
19    $45,000 or less, the amount of the exemption is the
20    equalized assessed value of the residence in the taxable
21    year for which application is made minus the base amount.
22        (2) For an applicant who has a household income
23    exceeding $45,000 but not exceeding $46,250, the amount of
24    the exemption is (i) the equalized assessed value of the
25    residence in the taxable year for which application is made
26    minus the base amount (ii) multiplied by 0.8.

 

 

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1        (3) For an applicant who has a household income
2    exceeding $46,250 but not exceeding $47,500, the amount of
3    the exemption is (i) the equalized assessed value of the
4    residence in the taxable year for which application is made
5    minus the base amount (ii) multiplied by 0.6.
6        (4) For an applicant who has a household income
7    exceeding $47,500 but not exceeding $48,750, the amount of
8    the exemption is (i) the equalized assessed value of the
9    residence in the taxable year for which application is made
10    minus the base amount (ii) multiplied by 0.4.
11        (5) For an applicant who has a household income
12    exceeding $48,750 but not exceeding $50,000, the amount of
13    the exemption is (i) the equalized assessed value of the
14    residence in the taxable year for which application is made
15    minus the base amount (ii) multiplied by 0.2.
16    When the applicant is a surviving spouse of an applicant
17for a prior year for the same residence for which an exemption
18under this Section has been granted, the base year and base
19amount for that residence are the same as for the applicant for
20the prior year.
21    Each year at the time the assessment books are certified to
22the County Clerk, the Board of Review or Board of Appeals shall
23give to the County Clerk a list of the assessed values of
24improvements on each parcel qualifying for this exemption that
25were added after the base year for this parcel and that
26increased the assessed value of the property.

 

 

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1    In the case of land improved with an apartment building
2owned and operated as a cooperative or a building that is a
3life care facility that qualifies as a cooperative, the maximum
4reduction from the equalized assessed value of the property is
5limited to the sum of the reductions calculated for each unit
6occupied as a residence by a person or persons (i) 65 years of
7age or older, (ii) with a household income that does not exceed
8the maximum income limitation, (iii) who is liable, by contract
9with the owner or owners of record, for paying real property
10taxes on the property, and (iv) who is an owner of record of a
11legal or equitable interest in the cooperative apartment
12building, other than a leasehold interest. In the instance of a
13cooperative where a homestead exemption has been granted under
14this Section, the cooperative association or its management
15firm shall credit the savings resulting from that exemption
16only to the apportioned tax liability of the owner who
17qualified for the exemption. Any person who willfully refuses
18to credit that savings to an owner who qualifies for the
19exemption is guilty of a Class B misdemeanor.
20    When a homestead exemption has been granted under this
21Section and an applicant then becomes a resident of a facility
22licensed under the Assisted Living and Shared Housing Act, the
23Nursing Home Care Act, or the MR/DD Community Care Act, the
24exemption shall be granted in subsequent years so long as the
25residence (i) continues to be occupied by the qualified
26applicant's spouse or (ii) if remaining unoccupied, is still

 

 

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1owned by the qualified applicant for the homestead exemption.
2    Beginning January 1, 1997, when an individual dies who
3would have qualified for an exemption under this Section, and
4the surviving spouse does not independently qualify for this
5exemption because of age, the exemption under this Section
6shall be granted to the surviving spouse for the taxable year
7preceding and the taxable year of the death, provided that,
8except for age, the surviving spouse meets all other
9qualifications for the granting of this exemption for those
10years.
11    When married persons maintain separate residences, the
12exemption provided for in this Section may be claimed by only
13one of such persons and for only one residence.
14    For taxable year 1994 only, in counties having less than
153,000,000 inhabitants, to receive the exemption, a person shall
16submit an application by February 15, 1995 to the Chief County
17Assessment Officer of the county in which the property is
18located. In counties having 3,000,000 or more inhabitants, for
19taxable year 1994 and all subsequent taxable years, to receive
20the exemption, a person may submit an application to the Chief
21County Assessment Officer of the county in which the property
22is located during such period as may be specified by the Chief
23County Assessment Officer. The Chief County Assessment Officer
24in counties of 3,000,000 or more inhabitants shall annually
25give notice of the application period by mail or by
26publication. In counties having less than 3,000,000

 

 

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1inhabitants, beginning with taxable year 1995 and thereafter,
2to receive the exemption, a person shall submit an application
3by July 1 of each taxable year to the Chief County Assessment
4Officer of the county in which the property is located. A
5county may, by ordinance, establish a date for submission of
6applications that is different than July 1. The applicant shall
7submit with the application an affidavit of the applicant's
8total household income, age, marital status (and if married the
9name and address of the applicant's spouse, if known), and
10principal dwelling place of members of the household on January
111 of the taxable year. The Department shall establish, by rule,
12a method for verifying the accuracy of affidavits filed by
13applicants under this Section, and the Chief County Assessment
14Officer may conduct audits of any taxpayer claiming an
15exemption under this Section to verify that the taxpayer is
16eligible to receive the exemption. Each application shall
17contain or be verified by a written declaration that it is made
18under the penalties of perjury. A taxpayer's signing a
19fraudulent application under this Act is perjury, as defined in
20Section 32-2 of the Criminal Code of 1961. The applications
21shall be clearly marked as applications for the Senior Citizens
22Assessment Freeze Homestead Exemption and must contain a notice
23that any taxpayer who receives the exemption is subject to an
24audit by the Chief County Assessment Officer.
25    Notwithstanding any other provision to the contrary, in
26counties having fewer than 3,000,000 inhabitants, if an

 

 

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1applicant fails to file the application required by this
2Section in a timely manner and this failure to file is due to a
3mental or physical condition sufficiently severe so as to
4render the applicant incapable of filing the application in a
5timely manner, the Chief County Assessment Officer may extend
6the filing deadline for a period of 30 days after the applicant
7regains the capability to file the application, but in no case
8may the filing deadline be extended beyond 3 months of the
9original filing deadline. In order to receive the extension
10provided in this paragraph, the applicant shall provide the
11Chief County Assessment Officer with a signed statement from
12the applicant's physician stating the nature and extent of the
13condition, that, in the physician's opinion, the condition was
14so severe that it rendered the applicant incapable of filing
15the application in a timely manner, and the date on which the
16applicant regained the capability to file the application.
17    Beginning January 1, 1998, notwithstanding any other
18provision to the contrary, in counties having fewer than
193,000,000 inhabitants, if an applicant fails to file the
20application required by this Section in a timely manner and
21this failure to file is due to a mental or physical condition
22sufficiently severe so as to render the applicant incapable of
23filing the application in a timely manner, the Chief County
24Assessment Officer may extend the filing deadline for a period
25of 3 months. In order to receive the extension provided in this
26paragraph, the applicant shall provide the Chief County

 

 

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1Assessment Officer with a signed statement from the applicant's
2physician stating the nature and extent of the condition, and
3that, in the physician's opinion, the condition was so severe
4that it rendered the applicant incapable of filing the
5application in a timely manner.
6    In counties having less than 3,000,000 inhabitants, if an
7applicant was denied an exemption in taxable year 1994 and the
8denial occurred due to an error on the part of an assessment
9official, or his or her agent or employee, then beginning in
10taxable year 1997 the applicant's base year, for purposes of
11determining the amount of the exemption, shall be 1993 rather
12than 1994. In addition, in taxable year 1997, the applicant's
13exemption shall also include an amount equal to (i) the amount
14of any exemption denied to the applicant in taxable year 1995
15as a result of using 1994, rather than 1993, as the base year,
16(ii) the amount of any exemption denied to the applicant in
17taxable year 1996 as a result of using 1994, rather than 1993,
18as the base year, and (iii) the amount of the exemption
19erroneously denied for taxable year 1994.
20    For purposes of this Section, a person who will be 65 years
21of age during the current taxable year shall be eligible to
22apply for the homestead exemption during that taxable year.
23Application shall be made during the application period in
24effect for the county of his or her residence.
25    The Chief County Assessment Officer may determine the
26eligibility of a life care facility that qualifies as a

 

 

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1cooperative to receive the benefits provided by this Section by
2use of an affidavit, application, visual inspection,
3questionnaire, or other reasonable method in order to insure
4that the tax savings resulting from the exemption are credited
5by the management firm to the apportioned tax liability of each
6qualifying resident. The Chief County Assessment Officer may
7request reasonable proof that the management firm has so
8credited that exemption.
9    Except as provided in this Section, all information
10received by the chief county assessment officer or the
11Department from applications filed under this Section, or from
12any investigation conducted under the provisions of this
13Section, shall be confidential, except for official purposes or
14pursuant to official procedures for collection of any State or
15local tax or enforcement of any civil or criminal penalty or
16sanction imposed by this Act or by any statute or ordinance
17imposing a State or local tax. Any person who divulges any such
18information in any manner, except in accordance with a proper
19judicial order, is guilty of a Class A misdemeanor.
20    Nothing contained in this Section shall prevent the
21Director or chief county assessment officer from publishing or
22making available reasonable statistics concerning the
23operation of the exemption contained in this Section in which
24the contents of claims are grouped into aggregates in such a
25way that information contained in any individual claim shall
26not be disclosed.

 

 

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1    (d) Each Chief County Assessment Officer shall annually
2publish a notice of availability of the exemption provided
3under this Section. The notice shall be published at least 60
4days but no more than 75 days prior to the date on which the
5application must be submitted to the Chief County Assessment
6Officer of the county in which the property is located. The
7notice shall appear in a newspaper of general circulation in
8the county.
9    Notwithstanding Sections 6 and 8 of the State Mandates Act,
10no reimbursement by the State is required for the
11implementation of any mandate created by this Section.
12(Source: P.A. 95-644, eff. 10-12-07; 96-339, eff. 7-1-10;
1396-355, eff. 1-1-10; 96-1000, eff. 7-2-10.)