Full Text of SB0780 99th General Assembly
SB0780sam002 99TH GENERAL ASSEMBLY | Sen. Emil Jones, III Filed: 3/18/2015
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| 1 | | AMENDMENT TO SENATE BILL 780
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 780 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Section 15-175 as follows:
| 6 | | (35 ILCS 200/15-175)
| 7 | | Sec. 15-175. General homestead exemption. | 8 | | (a) Except as provided in Sections 15-176 and 15-177, | 9 | | homestead
property is
entitled to an annual homestead exemption | 10 | | limited, except as described here
with relation to | 11 | | cooperatives, to a reduction in the equalized assessed value
of | 12 | | homestead property equal to the increase in equalized assessed | 13 | | value for the
current assessment year above the equalized | 14 | | assessed value of the property for
1977, up to the maximum | 15 | | reduction set forth below. If however, the 1977
equalized | 16 | | assessed value upon which taxes were paid is subsequently |
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| 1 | | determined
by local assessing officials, the Property Tax | 2 | | Appeal Board, or a court to have
been excessive, the equalized | 3 | | assessed value which should have been placed on
the property | 4 | | for 1977 shall be used to determine the amount of the | 5 | | exemption.
| 6 | | (b) Except as provided in Section 15-176, the maximum | 7 | | reduction before taxable year 2004 shall be
$4,500 in counties | 8 | | with 3,000,000 or more
inhabitants
and $3,500 in all other | 9 | | counties. Except as provided in Sections 15-176 and 15-177, for | 10 | | taxable years 2004 through 2007, the maximum reduction shall be | 11 | | $5,000, for taxable year 2008, the maximum reduction is $5,500, | 12 | | and, for taxable years 2009 through 2011, the maximum reduction | 13 | | is $6,000 in all counties. For taxable years 2012 and | 14 | | thereafter, the maximum reduction is $7,000 in counties with | 15 | | 3,000,000 or more
inhabitants
and $6,000 in all other counties. | 16 | | If a county has elected to subject itself to the provisions of | 17 | | Section 15-176 as provided in subsection (k) of that Section, | 18 | | then, for the first taxable year only after the provisions of | 19 | | Section 15-176 no longer apply, for owners who, for the taxable | 20 | | year, have not been granted a senior citizens assessment freeze | 21 | | homestead exemption under Section 15-172 or a long-time | 22 | | occupant homestead exemption under Section 15-177, there shall | 23 | | be an additional exemption of $5,000 for owners with a | 24 | | household income of $30,000 or less.
| 25 | | (c) In counties with fewer than 3,000,000 inhabitants, if, | 26 | | based on the most
recent assessment, the equalized assessed |
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| 1 | | value of
the homestead property for the current assessment year | 2 | | is greater than the
equalized assessed value of the property | 3 | | for 1977, the owner of the property
shall automatically receive | 4 | | the exemption granted under this Section in an
amount equal to | 5 | | the increase over the 1977 assessment up to the maximum
| 6 | | reduction set forth in this Section.
| 7 | | (d) If in any assessment year beginning with the 2000 | 8 | | assessment year,
homestead property has a pro-rata valuation | 9 | | under
Section 9-180 resulting in an increase in the assessed | 10 | | valuation, a reduction
in equalized assessed valuation equal to | 11 | | the increase in equalized assessed
value of the property for | 12 | | the year of the pro-rata valuation above the
equalized assessed | 13 | | value of the property for 1977 shall be applied to the
property | 14 | | on a proportionate basis for the period the property qualified | 15 | | as
homestead property during the assessment year. The maximum | 16 | | proportionate
homestead exemption shall not exceed the maximum | 17 | | homestead exemption allowed in
the county under this Section | 18 | | divided by 365 and multiplied by the number of
days the | 19 | | property qualified as homestead property.
| 20 | | (e) The chief county assessment officer may, when | 21 | | considering whether to grant a leasehold exemption under this | 22 | | Section, require the following conditions to be met: | 23 | | (1) that a notarized application for the exemption, | 24 | | signed by both the owner and the lessee of the property, | 25 | | must be submitted each year during the application period | 26 | | in effect for the county in which the property is located; |
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| 1 | | (2) that a copy of the lease must be filed with the | 2 | | chief county assessment officer by the owner of the | 3 | | property at the time the notarized application is | 4 | | submitted; | 5 | | (3) that the lease must expressly state that the lessee | 6 | | is liable for the payment of property taxes; and | 7 | | (4) that the lease must include the following language | 8 | | in substantially the following form: | 9 | | "Lessee shall be liable for the payment of real | 10 | | estate taxes with respect to the residence in | 11 | | accordance with the terms and conditions of Section | 12 | | 15-175 of the Property Tax Code (35 ILCS 200/15-175). | 13 | | The permanent real estate index number for the premises | 14 | | is (insert number), and, according to the most recent | 15 | | property tax bill, the current amount of real estate | 16 | | taxes associated with the premises is (insert amount) | 17 | | per year. The parties agree that the monthly rent set | 18 | | forth above shall be increased or decreased pro rata | 19 | | (effective January 1 of each calendar year) to reflect | 20 | | any increase or decrease in real estate taxes. Lessee | 21 | | shall be deemed to be satisfying Lessee's liability for | 22 | | the above mentioned real estate taxes with the monthly | 23 | | rent payments as set forth above (or increased or | 24 | | decreased as set forth herein).". | 25 | | In addition, if there is a change in lessee, or if the | 26 | | lessee vacates the property, then the chief county assessment |
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| 1 | | officer may require the owner of the property to notify the | 2 | | chief county assessment officer of that change. | 3 | | This subsection (e) does not apply to leasehold interests | 4 | | in property owned by a municipality. | 5 | | (f) "Homestead property" under this Section includes | 6 | | residential property that is
occupied by its owner or owners as | 7 | | his or their principal dwelling place, or
that is a leasehold | 8 | | interest on which a single family residence is situated,
which | 9 | | is occupied as a residence by a person who has an ownership | 10 | | interest
therein, legal or equitable or as a lessee, and on | 11 | | which the person is
liable for the payment of property taxes. | 12 | | For land improved with
an apartment building owned and operated | 13 | | as a cooperative or a building which
is a life care facility as | 14 | | defined in Section 15-170 and considered to
be a cooperative | 15 | | under Section 15-170, the maximum reduction from the equalized
| 16 | | assessed value shall be limited to the increase in the value | 17 | | above the
equalized assessed value of the property for 1977, up | 18 | | to
the maximum reduction set forth above, multiplied by the | 19 | | number of apartments
or units occupied by a person or persons | 20 | | who is liable, by contract with the
owner or owners of record, | 21 | | for paying property taxes on the property and is an
owner of | 22 | | record of a legal or equitable interest in the cooperative
| 23 | | apartment building, other than a leasehold interest. For | 24 | | purposes of this
Section, the term "life care facility" has the | 25 | | meaning stated in Section
15-170.
| 26 | | "Household", as used in this Section,
means the owner, the |
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| 1 | | spouse of the owner, and all persons using
the
residence of the | 2 | | owner as their principal place of residence.
| 3 | | "Household income", as used in this Section,
means the | 4 | | combined income of the members of a household
for the calendar | 5 | | year preceding the taxable year.
| 6 | | "Income", as used in this Section,
has the same meaning as | 7 | | provided in Section 3.07 of the Senior
Citizens
and Disabled | 8 | | Persons Property Tax Relief Act,
except that
"income" does not | 9 | | include veteran's benefits.
| 10 | | (g) In a cooperative where a homestead exemption has been | 11 | | granted, the
cooperative association or its management firm | 12 | | shall credit the savings
resulting from that exemption only to | 13 | | the apportioned tax liability of the
owner who qualified for | 14 | | the exemption. Any person who willfully refuses to so
credit | 15 | | the savings shall be guilty of a Class B misdemeanor.
| 16 | | (h) Where married persons maintain and reside in separate | 17 | | residences qualifying
as homestead property, each residence | 18 | | shall receive 50% of the total reduction
in equalized assessed | 19 | | valuation provided by this Section.
| 20 | | (i) In all counties, the assessor
or chief county | 21 | | assessment officer may determine the
eligibility of | 22 | | residential property to receive the homestead exemption and the | 23 | | amount of the exemption by
application, visual inspection, | 24 | | questionnaire or other reasonable methods. The
determination | 25 | | shall be made in accordance with guidelines established by the
| 26 | | Department, provided that the taxpayer applying for an |
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| 1 | | additional general exemption under this Section shall submit to | 2 | | the chief county assessment officer an application with an | 3 | | affidavit of the applicant's total household income, age, | 4 | | marital status (and, if married, the name and address of the | 5 | | applicant's spouse, if known), and principal dwelling place of | 6 | | members of the household on January 1 of the taxable year. The | 7 | | Department shall issue guidelines establishing a method for | 8 | | verifying the accuracy of the affidavits filed by applicants | 9 | | under this paragraph. The applications shall be clearly marked | 10 | | as applications for the Additional General Homestead | 11 | | Exemption.
| 12 | | (j) In counties with fewer than 3,000,000 inhabitants, in | 13 | | the event of a sale
of
homestead property the homestead | 14 | | exemption shall remain in effect for the
remainder of the | 15 | | assessment year of the sale. The assessor or chief county
| 16 | | assessment officer may require the new
owner of the property to | 17 | | apply for the homestead exemption for the following
assessment | 18 | | year.
| 19 | | (j-5) In counties with 3,000,000 or more inhabitants, upon | 20 | | receipt of a
transfer declaration transmitted by the recorder | 21 | | pursuant to Section 31-30 of the Real Estate Transfer Tax Law | 22 | | for property receiving an exemption under this Section, that | 23 | | exemption and any previously granted homestead exemptions for | 24 | | which the property is no longer eligible shall be cancelled by | 25 | | the assessor. The assessor shall mail a notice to the new owner | 26 | | of the property (i) informing the new owner of the exemptions |
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| 1 | | that have been cancelled and (ii) providing information | 2 | | pertaining to the rules for reapplying for any homestead | 3 | | exemptions under this Code for which the property may be | 4 | | eligible. | 5 | | (k) Notwithstanding Sections 6 and 8 of the State Mandates | 6 | | Act, no reimbursement by the State is required for the | 7 | | implementation of any mandate created by this Section.
| 8 | | (Source: P.A. 97-689, eff. 6-14-12; 97-1125, eff. 8-28-12; | 9 | | 98-7, eff. 4-23-13; 98-463, eff. 8-16-13.)".
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