Full Text of HB3460 97th General Assembly
HB3460 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3460 Introduced 2/24/2011, by Rep. JoAnn D. Osmond SYNOPSIS AS INTRODUCED: |
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35 ILCS 200/15-175 |
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35 ILCS 200/15-176 | |
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Amends the Property Tax Code. Provides that, when the general homestead exemption applies in counties with less than 3,000,000 inhabitants, the exemption shall automatically apply to the new homeowner if the property is sold. Removes a requirement in a Section concerning the alternative general homestead exemption that the assessor may require the new owner of the property to apply for the exemption in the
following year if the property is sold.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning revenue.
| 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 | | Sections 15-175 and 15-176 as follows:
| 6 | | (35 ILCS 200/15-175)
| 7 | | Sec. 15-175. General homestead exemption. Except as | 8 | | provided in Sections 15-176 and 15-177, homestead
property is
| 9 | | entitled to an annual homestead exemption limited, except as | 10 | | described here
with relation to cooperatives, to a reduction in | 11 | | the equalized assessed value
of homestead property equal to the | 12 | | increase in equalized assessed value for the
current assessment | 13 | | year above the equalized assessed value of the property for
| 14 | | 1977, up to the maximum reduction set forth below. If however, | 15 | | the 1977
equalized assessed value upon which taxes were paid is | 16 | | subsequently determined
by local assessing officials, the | 17 | | Property Tax Appeal Board, or a court to have
been excessive, | 18 | | the equalized assessed value which should have been placed on
| 19 | | the property for 1977 shall be used to determine the amount of | 20 | | the exemption.
| 21 | | Except as provided in Section 15-176, the maximum reduction | 22 | | before taxable year 2004 shall be
$4,500 in counties with | 23 | | 3,000,000 or more
inhabitants
and $3,500 in all other counties. |
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| 1 | | Except as provided in Sections 15-176 and 15-177, for taxable | 2 | | years 2004 through 2007, the maximum reduction shall be $5,000, | 3 | | for taxable year 2008, the maximum reduction is $5,500, and, | 4 | | for taxable years 2009 and thereafter, the maximum reduction is | 5 | | $6,000 in all counties. If a county has elected to subject | 6 | | itself to the provisions of Section 15-176 as provided in | 7 | | subsection (k) of that Section, then, for the first taxable | 8 | | year only after the provisions of Section 15-176 no longer | 9 | | apply, for owners who, for the taxable year, have not been | 10 | | granted a senior citizens assessment freeze homestead | 11 | | exemption under Section 15-172 or a long-time occupant | 12 | | homestead exemption under Section 15-177, there shall be an | 13 | | additional exemption of $5,000 for owners with a household | 14 | | income of $30,000 or less.
| 15 | | In counties with fewer than 3,000,000 inhabitants, if, | 16 | | based on the most
recent assessment, the equalized assessed | 17 | | value of
the homestead property for the current assessment year | 18 | | is greater than the
equalized assessed value of the property | 19 | | for 1977, the owner of the property
shall automatically receive | 20 | | the exemption granted under this Section in an
amount equal to | 21 | | the increase over the 1977 assessment up to the maximum
| 22 | | reduction set forth in this Section.
| 23 | | If in any assessment year beginning with the 2000 | 24 | | assessment year,
homestead property has a pro-rata valuation | 25 | | under
Section 9-180 resulting in an increase in the assessed | 26 | | valuation, a reduction
in equalized assessed valuation equal to |
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| 1 | | the increase in equalized assessed
value of the property for | 2 | | the year of the pro-rata valuation above the
equalized assessed | 3 | | value of the property for 1977 shall be applied to the
property | 4 | | on a proportionate basis for the period the property qualified | 5 | | as
homestead property during the assessment year. The maximum | 6 | | proportionate
homestead exemption shall not exceed the maximum | 7 | | homestead exemption allowed in
the county under this Section | 8 | | divided by 365 and multiplied by the number of
days the | 9 | | property qualified as homestead property.
| 10 | | "Homestead property" under this Section includes | 11 | | residential property that is
occupied by its owner or owners as | 12 | | his or their principal dwelling place, or
that is a leasehold | 13 | | interest on which a single family residence is situated,
which | 14 | | is occupied as a residence by a person who has an ownership | 15 | | interest
therein, legal or equitable or as a lessee, and on | 16 | | which the person is
liable for the payment of property taxes. | 17 | | For land improved with
an apartment building owned and operated | 18 | | as a cooperative or a building which
is a life care facility as | 19 | | defined in Section 15-170 and considered to
be a cooperative | 20 | | under Section 15-170, the maximum reduction from the equalized
| 21 | | assessed value shall be limited to the increase in the value | 22 | | above the
equalized assessed value of the property for 1977, up | 23 | | to
the maximum reduction set forth above, multiplied by the | 24 | | number of apartments
or units occupied by a person or persons | 25 | | who is liable, by contract with the
owner or owners of record, | 26 | | for paying property taxes on the property and is an
owner of |
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| 1 | | record of a legal or equitable interest in the cooperative
| 2 | | apartment building, other than a leasehold interest. For | 3 | | purposes of this
Section, the term "life care facility" has the | 4 | | meaning stated in Section
15-170.
| 5 | | "Household", as used in this Section,
means the owner, the | 6 | | spouse of the owner, and all persons using
the
residence of the | 7 | | owner as their principal place of residence.
| 8 | | "Household income", as used in this Section,
means the | 9 | | combined income of the members of a household
for the calendar | 10 | | year preceding the taxable year.
| 11 | | "Income", as used in this Section,
has the same meaning as | 12 | | provided in Section 3.07 of the Senior
Citizens
and Disabled | 13 | | Persons Property Tax Relief and Pharmaceutical Assistance Act,
| 14 | | except that
"income" does not include veteran's benefits.
| 15 | | In a cooperative where a homestead exemption has been | 16 | | granted, the
cooperative association or its management firm | 17 | | shall credit the savings
resulting from that exemption only to | 18 | | the apportioned tax liability of the
owner who qualified for | 19 | | the exemption. Any person who willfully refuses to so
credit | 20 | | the savings shall be guilty of a Class B misdemeanor.
| 21 | | Where married persons maintain and reside in separate | 22 | | residences qualifying
as homestead property, each residence | 23 | | shall receive 50% of the total reduction
in equalized assessed | 24 | | valuation provided by this Section.
| 25 | | In all counties, the assessor
or chief county assessment | 26 | | officer may determine the
eligibility of residential property |
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| 1 | | to receive the homestead exemption and the amount of the | 2 | | exemption by
application, visual inspection, questionnaire or | 3 | | other reasonable methods. The
determination shall be made in | 4 | | accordance with guidelines established by the
Department, | 5 | | provided that the taxpayer applying for an additional general | 6 | | exemption under this Section shall submit to the chief county | 7 | | assessment officer an application with an affidavit of the | 8 | | applicant's total household income, age, marital status (and, | 9 | | if married, the name and address of the applicant's spouse, if | 10 | | known), and principal dwelling place of members of the | 11 | | household on January 1 of the taxable year. The Department | 12 | | shall issue guidelines establishing a method for verifying the | 13 | | accuracy of the affidavits filed by applicants under this | 14 | | paragraph. The applications shall be clearly marked as | 15 | | applications for the Additional General Homestead Exemption.
| 16 | | In counties with fewer than 3,000,000 inhabitants, in the | 17 | | event of a sale
of
homestead property the homestead exemption | 18 | | shall remain in effect for the
remainder of the assessment year | 19 | | of the sale. The assessor or chief county
assessment officer | 20 | | may require the new
owner of the property to apply for the | 21 | | homestead exemption for the following
assessment year. In | 22 | | counties with 3,000,000 or more inhabitants, the exemption | 23 | | under this Section shall automatically apply to the new | 24 | | homeowner if the property is sold.
| 25 | | Notwithstanding Sections 6 and 8 of the State Mandates Act, | 26 | | no reimbursement by the State is required for the |
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| 1 | | implementation of any mandate created by this Section.
| 2 | | (Source: P.A. 95-644, eff. 10-12-07.)
| 3 | | (35 ILCS 200/15-176) | 4 | | Sec. 15-176. Alternative general homestead exemption. | 5 | | (a) For the assessment years as determined under subsection | 6 | | (j), in any county that has elected, by an ordinance in | 7 | | accordance with subsection (k), to be subject to the provisions | 8 | | of this Section in lieu of the provisions of Section 15-175, | 9 | | homestead property is
entitled to
an annual homestead exemption | 10 | | equal to a reduction in the property's equalized
assessed
value | 11 | | calculated as provided in this Section. | 12 | | (b) As used in this Section: | 13 | | (1) "Assessor" means the supervisor of assessments or | 14 | | the chief county assessment officer of each county. | 15 | | (2) "Adjusted homestead value" means the lesser of the | 16 | | following values: | 17 | | (A) The property's base homestead value increased | 18 | | by 7% for each
tax year after the base year through and | 19 | | including the current tax year, or, if the property is | 20 | | sold or ownership is otherwise transferred, the | 21 | | property's base homestead value increased by 7% for | 22 | | each tax year after the year of the sale or transfer | 23 | | through and including the current tax year. The | 24 | | increase by 7% each year is an increase by 7% over the | 25 | | prior year. |
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| 1 | | (B) The property's equalized assessed value for | 2 | | the current tax
year minus: (i) $4,500 in Cook County | 3 | | or $3,500 in all other counties in tax year 2003;
(ii) | 4 | | $5,000 in all counties in tax years 2004 and 2005; and | 5 | | (iii) the lesser of the amount of the general homestead | 6 | | exemption under Section 15-175 or an amount equal to | 7 | | the increase in the equalized assessed value for the | 8 | | current tax year above the equalized assessed value for | 9 | | 1977 in tax year 2006 and thereafter. | 10 | | (3) "Base homestead value". | 11 | | (A) Except as provided in subdivision (b)(3)(A-5) | 12 | | or (b)(3)(B), "base homestead value" means the | 13 | | equalized assessed value of the property for the base | 14 | | year
prior to exemptions, minus (i) $4,500 in Cook | 15 | | County or $3,500 in all other counties in tax year | 16 | | 2003, (ii) $5,000 in all counties in tax years
2004 and | 17 | | 2005, or (iii) the lesser of the amount of the general | 18 | | homestead exemption under Section 15-175 or an amount | 19 | | equal to the increase in the equalized assessed value | 20 | | for the current tax year above the equalized assessed | 21 | | value for 1977 in tax year 2006 and
thereafter, | 22 | | provided that it was assessed for that
year as | 23 | | residential property qualified for any of the | 24 | | homestead exemptions
under Sections 15-170 through | 25 | | 15-175 of this Code, then in force, and
further | 26 | | provided that the property's assessment was not based |
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| 1 | | on a reduced
assessed value resulting from a temporary | 2 | | irregularity in the property for
that year. Except as | 3 | | provided in subdivision (b)(3)(B), if the property did | 4 | | not have a
residential
equalized assessed value for the | 5 | | base year, then "base homestead value" means the base
| 6 | | homestead value established by the assessor under | 7 | | subsection (c). | 8 | | (A-5) On or before September 1, 2007, in Cook | 9 | | County, the base homestead value, as set forth under | 10 | | subdivision (b)(3)(A) and except as provided under | 11 | | subdivision (b) (3) (B), must be recalculated as the | 12 | | equalized assessed value of the property for the base | 13 | | year, prior to exemptions, minus: | 14 | | (1) if the general assessment year for the | 15 | | property was 2003, the lesser of (i) $4,500 or (ii) | 16 | | the amount equal to the increase in equalized | 17 | | assessed value for the 2002 tax year above the | 18 | | equalized assessed value for 1977; | 19 | | (2) if the general assessment year for the | 20 | | property was 2004, the lesser of (i) $4,500 or (ii) | 21 | | the amount equal to the increase in equalized | 22 | | assessed value for the 2003 tax year above the | 23 | | equalized assessed value for 1977; | 24 | | (3) if the general assessment year for the | 25 | | property was 2005, the lesser of (i) $5,000 or (ii) | 26 | | the amount equal to the increase in equalized |
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| 1 | | assessed value for the 2004 tax year above the | 2 | | equalized assessed value for 1977.
| 3 | | (B) If the property is sold or ownership is | 4 | | otherwise transferred, other than sales or transfers | 5 | | between spouses or between a parent and a child, "base | 6 | | homestead value" means the equalized assessed value of | 7 | | the property at the time of the sale or transfer prior | 8 | | to exemptions, minus: (i) $4,500 in Cook County or | 9 | | $3,500 in all other counties in tax year 2003; (ii) | 10 | | $5,000 in all counties in tax years 2004 and 2005; and | 11 | | (iii) the lesser of the amount of the general homestead | 12 | | exemption under Section 15-175 or an amount equal to | 13 | | the increase in the equalized assessed value for the | 14 | | current tax year above the equalized assessed value for | 15 | | 1977 in tax year 2006 and thereafter, provided that it | 16 | | was assessed as residential property qualified for any | 17 | | of the homestead exemptions
under Sections 15-170 | 18 | | through 15-175 of this Code, then in force, and
further | 19 | | provided that the property's assessment was not based | 20 | | on a reduced
assessed value resulting from a temporary | 21 | | irregularity in the property. | 22 | | (3.5) "Base year" means (i) tax year 2002 in Cook | 23 | | County or (ii) tax year 2008 or 2009 in all other counties | 24 | | in accordance with the designation made by the county as | 25 | | provided in subsection (k).
| 26 | | (4) "Current tax year" means the tax year for which the |
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| 1 | | exemption under
this Section is being applied. | 2 | | (5) "Equalized assessed value" means the property's | 3 | | assessed value as
equalized by the Department. | 4 | | (6) "Homestead" or "homestead property" means: | 5 | | (A) Residential property that as of January 1 of | 6 | | the tax year is
occupied by its owner or owners as his, | 7 | | her, or their principal dwelling
place, or that is a | 8 | | leasehold interest on which a single family residence | 9 | | is
situated, that is occupied as a residence by a | 10 | | person who has a legal or
equitable interest therein | 11 | | evidenced by a written instrument, as an owner
or as a | 12 | | lessee, and on which the person is liable for the | 13 | | payment of
property taxes. Residential units in an | 14 | | apartment building owned and
operated as a | 15 | | cooperative, or as a life care facility, which are | 16 | | occupied by
persons who hold a legal or equitable | 17 | | interest in the cooperative apartment
building or life | 18 | | care facility as owners or lessees, and who are liable | 19 | | by
contract for the payment of property taxes, shall be | 20 | | included within this
definition of homestead property. | 21 | | (B) A homestead includes the dwelling place, | 22 | | appurtenant
structures, and so much of the surrounding | 23 | | land constituting the parcel on
which the dwelling | 24 | | place is situated as is used for residential purposes. | 25 | | If
the assessor has established a specific legal | 26 | | description for a portion of
property constituting the |
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| 1 | | homestead, then the homestead shall be limited to
the | 2 | | property within that description. | 3 | | (7) "Life care facility" means a facility as defined in | 4 | | Section 2 of the
Life
Care Facilities Act. | 5 | | (c) If the property did not have a residential equalized | 6 | | assessed value for
the base year as provided in subdivision | 7 | | (b)(3)(A) of this Section, then the assessor
shall first | 8 | | determine an initial value for the property by comparison with
| 9 | | assessed values for the base year of other properties having | 10 | | physical and
economic characteristics similar to those of the | 11 | | subject property, so that the
initial value is uniform in | 12 | | relation to assessed values of those other
properties for the | 13 | | base year. The product of the initial value multiplied by
the | 14 | | equalized factor for the base year for homestead properties in | 15 | | that county, less: (i) $4,500 in Cook County or $3,500 in all | 16 | | other counties in tax years 2003; (ii) $5,000 in all counties | 17 | | in tax year 2004 and 2005; and (iii) the lesser of the amount | 18 | | of the general homestead exemption under Section 15-175 or an | 19 | | amount equal to the increase in the equalized assessed value | 20 | | for the current tax year above the equalized assessed value for | 21 | | 1977 in tax year 2006 and thereafter, is the base homestead | 22 | | value. | 23 | | For any tax year for which the assessor determines or | 24 | | adjusts an initial
value and
hence a base homestead value under | 25 | | this subsection (c), the initial value shall
be subject
to | 26 | | review by the same procedures applicable to assessed values |
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| 1 | | established
under this
Code for that tax year. | 2 | | (d) The base homestead value shall remain constant, except | 3 | | that the assessor
may
revise it under the following | 4 | | circumstances: | 5 | | (1) If the equalized assessed value of a homestead | 6 | | property for the current
tax year is less than the previous | 7 | | base homestead value for that property, then the
current | 8 | | equalized assessed value (provided it is not based on a | 9 | | reduced assessed
value resulting from a temporary | 10 | | irregularity in the property) shall become the
base | 11 | | homestead value in subsequent tax years. | 12 | | (2) For any year in which new buildings, structures, or | 13 | | other
improvements are constructed on the homestead | 14 | | property that would increase its
assessed value, the | 15 | | assessor shall adjust the base homestead value as provided | 16 | | in
subsection (c) of this Section with due regard to the | 17 | | value added by the new
improvements. | 18 | | (3) If the property is sold or ownership is otherwise | 19 | | transferred, the base homestead value of the property shall | 20 | | be adjusted as provided in subdivision (b)(3)(B). This item | 21 | | (3) does not apply to sales or transfers between spouses or | 22 | | between a parent and a child. | 23 | | (4) the recalculation required in Cook County under | 24 | | subdivision (b)(3)(A-5).
| 25 | | (e) The amount of the exemption under this Section is the | 26 | | equalized assessed
value of the homestead property for the |
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| 1 | | current tax year, minus the adjusted homestead
value, with the | 2 | | following exceptions: | 3 | | (1) In Cook County, the exemption under this Section | 4 | | shall not exceed $20,000 for any taxable year through tax | 5 | | year: | 6 | | (i) 2005, if the general assessment year for the
| 7 | | property is 2003; | 8 | | (ii) 2006, if the general assessment year for the
| 9 | | property is 2004; or | 10 | | (iii) 2007, if the general assessment year for the
| 11 | | property is 2005. | 12 | | (1.1) Thereafter, in Cook County, and in all other | 13 | | counties, the exemption is as follows: | 14 | | (i) if the general assessment year for the property | 15 | | is 2006, then the exemption may not exceed: $33,000 for | 16 | | taxable year 2006; $26,000 for taxable year 2007; | 17 | | $20,000 for taxable years 2008 and 2009; $16,000 for | 18 | | taxable year 2010; and $12,000 for taxable year 2011; | 19 | | (ii) if the general assessment year for the | 20 | | property is 2007, then the exemption may not exceed: | 21 | | $33,000 for taxable year 2007; $26,000 for taxable year | 22 | | 2008; $20,000 for taxable years 2009 and 2010; $16,000 | 23 | | for taxable year 2011; and $12,000 for taxable year | 24 | | 2012; and | 25 | | (iii) if the general assessment year for the | 26 | | property is 2008, then the exemption may not exceed: |
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| 1 | | $33,000 for taxable year 2008; $26,000 for taxable year | 2 | | 2009; $20,000 for taxable years 2010 and 2011; $16,000 | 3 | | for taxable year 2012; and $12,000 for taxable year | 4 | | 2013. | 5 | | (1.5) In Cook County, for the 2006 taxable year only, the | 6 | | maximum amount of the exemption set forth under subsection | 7 | | (e)(1.1)(i) of this Section may be increased: (i) by $7,000 if | 8 | | the equalized assessed value of the property in that taxable | 9 | | year exceeds the equalized assessed value of that property in | 10 | | 2002 by 100% or more; or (ii) by $2,000 if the equalized | 11 | | assessed value of the property in that taxable year exceeds the | 12 | | equalized assessed value of that property in 2002 by more than | 13 | | 80% but less than 100%.
| 14 | | (2) In the case of homestead property that also | 15 | | qualifies for
the exemption under Section 15-172, the | 16 | | property is entitled to the exemption under
this Section, | 17 | | limited to the amount of (i) $4,500 in Cook County or | 18 | | $3,500 in all other counties in tax year 2003, (ii) $5,000 | 19 | | in all counties in tax years 2004 and 2005, or (iii) the | 20 | | lesser of the amount of the general homestead exemption | 21 | | under Section 15-175 or an amount equal to the increase in | 22 | | the equalized assessed value for the current tax year above | 23 | | the equalized assessed value for 1977 in tax year 2006 and | 24 | | thereafter. | 25 | | (f) In the case of an apartment building owned and operated | 26 | | as a cooperative, or
as a life care facility, that contains |
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| 1 | | residential units that qualify as homestead property
under this | 2 | | Section, the maximum cumulative exemption amount attributed to | 3 | | the entire
building or facility shall not exceed the sum of the | 4 | | exemptions calculated for each
qualified residential unit. The | 5 | | cooperative association, management firm, or other person
or | 6 | | entity that manages or controls the cooperative apartment | 7 | | building or life care facility
shall credit the exemption | 8 | | attributable to each residential unit only to the apportioned | 9 | | tax
liability of the owner or other person responsible for | 10 | | payment of taxes as to that unit.
Any person who willfully | 11 | | refuses to so credit the exemption is guilty of a Class B
| 12 | | misdemeanor. | 13 | | (g) When married persons maintain separate residences, the | 14 | | exemption provided
under this Section shall be claimed by only | 15 | | one such person and for only one residence. | 16 | | (h) In the event of a sale or other transfer in ownership | 17 | | of the homestead property, the exemption under this
Section | 18 | | shall remain in effect for the remainder of the tax year and be | 19 | | calculated using the same base homestead value in which the | 20 | | sale or transfer occurs, but (other than for sales or transfers | 21 | | between spouses or between a parent and a child) shall be | 22 | | calculated for any subsequent tax year using the new base | 23 | | homestead value as provided in subdivision (b)(3)(B).
The | 24 | | assessor may require the new owner of the property to apply for | 25 | | the exemption in the
following year. | 26 | | (i) The assessor may determine whether property qualifies |
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| 1 | | as a homestead under
this Section by application, visual | 2 | | inspection, questionnaire, or other
reasonable methods.
Each | 3 | | year, at the time the assessment books are certified to the | 4 | | county clerk
by the board
of review, the assessor shall furnish | 5 | | to the county clerk a list of the
properties qualified
for the | 6 | | homestead exemption under this Section. The list shall note the | 7 | | base
homestead
value of each property to be used in the | 8 | | calculation of the exemption for the
current tax
year. | 9 | | (j) In counties with 3,000,000 or more inhabitants, the | 10 | | provisions of this Section apply as follows: | 11 | | (1) If the general assessment year for the property is | 12 | | 2003, this Section
applies for assessment years 2003 | 13 | | through 2011.
Thereafter, the provisions of Section 15-175 | 14 | | apply. | 15 | | (2) If the general assessment year for the property is | 16 | | 2004, this Section
applies for assessment years 2004 | 17 | | through 2012.
Thereafter, the provisions of Section 15-175 | 18 | | apply. | 19 | | (3) If the general assessment year for the property is | 20 | | 2005, this Section
applies for assessment years 2005 | 21 | | through 2013.
Thereafter, the provisions of Section 15-175 | 22 | | apply. | 23 | | In counties with less than 3,000,000 inhabitants, this | 24 | | Section applies for assessment years (i) 2009, 2010, 2011, and | 25 | | 2012 if tax year 2008 is the designated base year or (ii) 2010, | 26 | | 2011, 2012, and 2013 if tax year 2009 is the designated base |
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| 1 | | year. Thereafter, the provisions of Section 15-175 apply. | 2 | | (k) To be subject to the provisions of this Section in lieu | 3 | | of Section 15-175, a county must adopt an ordinance to subject | 4 | | itself to the provisions of this Section within 6 months after | 5 | | the effective date of this amendatory Act of the 96th General | 6 | | Assembly. In a county other than Cook County, the ordinance | 7 | | must designate either tax year 2008
or tax year 2009
as the | 8 | | base year.
| 9 | | (l) Notwithstanding Sections 6 and 8 of the State Mandates | 10 | | Act, no
reimbursement
by the State is required for the | 11 | | implementation of any mandate created by this
Section. | 12 | | (Source: P.A. 95-644, eff. 10-12-07; 96-1418, eff. 8-2-10.)
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