State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 002 ]


SB1249 Enrolled                                LRB9107254PTpk

 1        AN ACT to amend the Longtime Owner-Occupant Property  Tax
 2    Relief Act by changing Section 15.

 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 Section 15 as follows:

 7        (35 ILCS 250/15)
 8        Sec. 15.  Deferral or exemption authority.
 9        (a)  The corporate authorities of a county shall have the
10    power  to  provide,  by  ordinance or resolution, for uniform
11    special real property tax relief provisions granting longtime
12    owner-occupants  a  deferral  or  exemption,  or  combination
13    thereof, in the payment of that portion  of  an  increase  of
14    real property taxes which is due to an increase in the market
15    value   of   the  real  property  as  a  consequence  of  the
16    refurbishing  or  renovating  of  other  residences  or   the
17    construction    of   new   residences   in   long-established
18    residential  areas  or  areas  of  deteriorated,  vacant   or
19    abandoned  homes and properties.  A deferral or exemption, or
20    combination  thereof,  may  be  granted  until  the  longtime
21    owner-occupant transfers title to the property.
22        The ordinance or  resolution  must  include  a  provision
23    requiring  that  eligibility notification of the special real
24    property tax relief be delivered to the record owner  of  the
25    property taxed.  The eligibility notification shall be mailed
26    to  the  address of the record owner on file with the county.
27    If the notification is mailed by the county  to  a  mortgagee
28    because it is the only address of the record owner filed with
29    the  county,  then  the  mortgagee  shall,  within 30 days of
30    receipt, forward a copy of the notice to  each  mortgagor  of
SB1249 Enrolled            -2-                 LRB9107254PTpk
 1    the property.  There shall be no liability for the failure of
 2    the mortgagee to forward the notice to each mortgagor.
 3        (b)  The corporate authority of a county is authorized to
 4    enact   ordinances   or  resolutions  that  provide  for  the
 5    designation of areas eligible for the special  real  property
 6    tax  relief  provisions  under  this Act.  Before enacting an
 7    ordinance or resolution that  proposes  designating  such  an
 8    area,  the  corporate  authorities  shall  conduct  a  public
 9    hearing on the proposed ordinance or resolution.
10        (c)  School  districts and municipalities within a county
11    have  authority  to  determine  their  participation  in  the
12    program of special real  property  tax  relief  within  their
13    taxing jurisdictions. The provisions of this subsection shall
14    not  apply  to  municipalities  and school districts included
15    under subsection (d) of this Section.
16        (d)  Notwithstanding any provision to  the  contrary,  if
17    the  corporate  authority  of a county with 3,000,000 or more
18    inhabitants enacts an ordinance or resolution  in  accordance
19    with  subsection  (c),  a  municipality  having  a population
20    exceeding 500,000 within that county and a school district in
21    a municipality having a population exceeding  500,000  within
22    that  county  must  participate  in  the  program  of special
23    property tax relief within their taxing  jurisdiction.   This
24    subsection is a denial and limitation of home rule powers and
25    functions under subsection (g) of Section 6 of Article VII of
26    the Illinois Constitution.
27    (Source: P.A. 89-127, eff. 1-1-96; 90-648, eff. 7-24-98.)

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