Bill Text: IL HB2430 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Property Tax Code. Provides that, for taxable years 2019 and thereafter, the maximum reduction for the senior citizens homestead exemption is $8,000 in all counties (currently, $8,000 in counties with 3,000,000 or more inhabitants and $5,000 in all other counties). Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 14-2)
Status: (Introduced - Dead) 2019-11-14 - Added Co-Sponsor Rep. Sue Scherer [HB2430 Detail]
Download: Illinois-2019-HB2430-Introduced.html
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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Property Tax Code is amended by changing | ||||||||||||||||||||||||
5 | Section 15-170 as follows:
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6 | (35 ILCS 200/15-170) | ||||||||||||||||||||||||
7 | Sec. 15-170. Senior citizens homestead exemption. An | ||||||||||||||||||||||||
8 | annual homestead
exemption limited, except as described here | ||||||||||||||||||||||||
9 | with relation to cooperatives or
life care facilities, to a
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10 | maximum reduction set forth below from the property's value, as | ||||||||||||||||||||||||
11 | equalized or
assessed by the Department, is granted for | ||||||||||||||||||||||||
12 | property that is occupied as a
residence by a person 65 years | ||||||||||||||||||||||||
13 | of age or older who is liable for paying real
estate taxes on | ||||||||||||||||||||||||
14 | the property and is an owner of record of the property or has a
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15 | legal or equitable interest therein as evidenced by a written | ||||||||||||||||||||||||
16 | instrument,
except for a leasehold interest, other than a | ||||||||||||||||||||||||
17 | leasehold interest of land on
which a single family residence | ||||||||||||||||||||||||
18 | is located, which is occupied as a residence by
a person 65 | ||||||||||||||||||||||||
19 | years or older who has an ownership interest therein, legal,
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20 | equitable or as a lessee, and on which he or she is liable for | ||||||||||||||||||||||||
21 | the payment
of property taxes. Before taxable year 2004, the | ||||||||||||||||||||||||
22 | maximum reduction shall be $2,500 in counties with
3,000,000 or | ||||||||||||||||||||||||
23 | more inhabitants and $2,000 in all other counties. For taxable |
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1 | years 2004 through 2005, the maximum reduction shall be $3,000 | ||||||
2 | in all counties. For taxable years 2006 and 2007, the maximum | ||||||
3 | reduction shall be $3,500. For taxable years 2008 through 2011, | ||||||
4 | the maximum reduction is $4,000 in all counties.
For taxable | ||||||
5 | year 2012, the maximum reduction is $5,000 in counties with
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6 | 3,000,000 or more inhabitants and $4,000 in all other counties. | ||||||
7 | For taxable years 2013 through 2016, the maximum reduction is | ||||||
8 | $5,000 in all counties. For taxable years 2017 and 2018 | ||||||
9 | thereafter , the maximum reduction is $8,000 in counties with | ||||||
10 | 3,000,000 or more inhabitants and $5,000 in all other counties. | ||||||
11 | For taxable years 2019 and thereafter, the maximum reduction is | ||||||
12 | $8,000 in all counties. | ||||||
13 | For land
improved with an apartment building owned and | ||||||
14 | operated as a cooperative, the maximum reduction from the value | ||||||
15 | of the property, as
equalized
by the Department, shall be | ||||||
16 | multiplied by the number of apartments or units
occupied by a | ||||||
17 | person 65 years of age or older who is liable, by contract with
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18 | the owner or owners of record, for paying property taxes on the | ||||||
19 | property and
is an owner of record of a legal or equitable | ||||||
20 | interest in the cooperative
apartment building, other than a | ||||||
21 | leasehold interest. For land improved with
a life care | ||||||
22 | facility, the maximum reduction from the value of the property, | ||||||
23 | as
equalized by the Department, shall be multiplied by the | ||||||
24 | number of apartments or
units occupied by persons 65 years of | ||||||
25 | age or older, irrespective of any legal,
equitable, or | ||||||
26 | leasehold interest in the facility, who are liable, under a
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1 | contract with the owner or owners of record of the facility, | ||||||
2 | for paying
property taxes on the property. In a
cooperative or | ||||||
3 | a life care facility where a
homestead exemption has been | ||||||
4 | granted, the cooperative association or the
management firm of | ||||||
5 | the cooperative or facility shall credit the savings
resulting | ||||||
6 | from that exemption only to
the apportioned tax liability of | ||||||
7 | the owner or resident who qualified for
the exemption.
Any | ||||||
8 | person who willfully refuses to so credit the savings shall be | ||||||
9 | guilty of a
Class B misdemeanor. Under this Section and | ||||||
10 | Sections 15-175, 15-176, and 15-177, "life care
facility" means | ||||||
11 | a facility, as defined in Section 2 of the Life Care Facilities
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12 | Act, with which the applicant for the homestead exemption has a | ||||||
13 | life care
contract as defined in that Act. | ||||||
14 | When a homestead exemption has been granted under this | ||||||
15 | Section and the person
qualifying subsequently becomes a | ||||||
16 | resident of a facility licensed under the Assisted Living and | ||||||
17 | Shared Housing Act, the Nursing Home Care Act, the Specialized | ||||||
18 | Mental Health Rehabilitation Act of 2013, the ID/DD Community | ||||||
19 | Care Act, or the MC/DD Act, the exemption shall continue so | ||||||
20 | long as the residence
continues to be occupied by the | ||||||
21 | qualifying person's spouse if the spouse is 65
years of age or | ||||||
22 | older, or if the residence remains unoccupied but is still
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23 | owned by the person qualified for the homestead exemption. | ||||||
24 | A person who will be 65 years of age
during the current | ||||||
25 | assessment year
shall
be eligible to apply for the homestead | ||||||
26 | exemption during that assessment
year.
Application shall be |
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1 | made during the application period in effect for the
county of | ||||||
2 | his residence. | ||||||
3 | Beginning with assessment year 2003, for taxes payable in | ||||||
4 | 2004,
property
that is first occupied as a residence after | ||||||
5 | January 1 of any assessment year by
a person who is eligible | ||||||
6 | for the senior citizens homestead exemption under this
Section | ||||||
7 | must be granted a pro-rata exemption for the assessment year. | ||||||
8 | The
amount of the pro-rata exemption is the exemption
allowed | ||||||
9 | in the county under this Section divided by 365 and multiplied | ||||||
10 | by the
number of days during the assessment year the property | ||||||
11 | is occupied as a
residence by a
person eligible for the | ||||||
12 | exemption under this Section. The chief county
assessment | ||||||
13 | officer must adopt reasonable procedures to establish | ||||||
14 | eligibility
for this pro-rata exemption. | ||||||
15 | The assessor or chief county assessment officer may | ||||||
16 | determine the eligibility
of a life care facility to receive | ||||||
17 | the benefits provided by this Section, by
affidavit, | ||||||
18 | application, visual inspection, questionnaire or other | ||||||
19 | reasonable
methods in order to insure that the tax savings | ||||||
20 | resulting from the exemption
are credited by the management | ||||||
21 | firm to the apportioned tax liability of each
qualifying | ||||||
22 | resident. The assessor may request reasonable proof that the
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23 | management firm has so credited the exemption. | ||||||
24 | The chief county assessment officer of each county with | ||||||
25 | less than 3,000,000
inhabitants shall provide to each person | ||||||
26 | allowed a homestead exemption under
this Section a form to |
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1 | designate any other person to receive a
duplicate of any notice | ||||||
2 | of delinquency in the payment of taxes assessed and
levied | ||||||
3 | under this Code on the property of the person receiving the | ||||||
4 | exemption.
The duplicate notice shall be in addition to the | ||||||
5 | notice required to be
provided to the person receiving the | ||||||
6 | exemption, and shall be given in the
manner required by this | ||||||
7 | Code. The person filing the request for the duplicate
notice | ||||||
8 | shall pay a fee of $5 to cover administrative costs to the | ||||||
9 | supervisor of
assessments, who shall then file the executed | ||||||
10 | designation with the county
collector. Notwithstanding any | ||||||
11 | other provision of this Code to the contrary,
the filing of | ||||||
12 | such an executed designation requires the county collector to
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13 | provide duplicate notices as indicated by the designation. A | ||||||
14 | designation may
be rescinded by the person who executed such | ||||||
15 | designation at any time, in the
manner and form required by the | ||||||
16 | chief county assessment officer. | ||||||
17 | The assessor or chief county assessment officer may | ||||||
18 | determine the
eligibility of residential property to receive | ||||||
19 | the homestead exemption provided
by this Section by | ||||||
20 | application, visual inspection, questionnaire or other
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21 | reasonable methods. The determination shall be made in | ||||||
22 | accordance with
guidelines established by the Department. | ||||||
23 | In counties with 3,000,000 or more inhabitants, beginning | ||||||
24 | in taxable year 2010, each taxpayer who has been granted an | ||||||
25 | exemption under this Section must reapply on an annual basis. | ||||||
26 | The chief county assessment officer shall mail the application |
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1 | to the taxpayer. In counties with less than 3,000,000 | ||||||
2 | inhabitants, the county board may by
resolution provide that if | ||||||
3 | a person has been granted a homestead exemption
under this | ||||||
4 | Section, the person qualifying need not reapply for the | ||||||
5 | exemption. | ||||||
6 | In counties with less than 3,000,000 inhabitants, if the | ||||||
7 | assessor or chief
county assessment officer requires annual | ||||||
8 | application for verification of
eligibility for an exemption | ||||||
9 | once granted under this Section, the application
shall be | ||||||
10 | mailed to the taxpayer. | ||||||
11 | The assessor or chief county assessment officer shall | ||||||
12 | notify each person
who qualifies for an exemption under this | ||||||
13 | Section that the person may also
qualify for deferral of real | ||||||
14 | estate taxes under the Senior Citizens Real Estate
Tax Deferral | ||||||
15 | Act. The notice shall set forth the qualifications needed for
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16 | deferral of real estate taxes, the address and telephone number | ||||||
17 | of
county collector, and a
statement that applications for | ||||||
18 | deferral of real estate taxes may be obtained
from the county | ||||||
19 | collector. | ||||||
20 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
21 | no
reimbursement by the State is required for the | ||||||
22 | implementation of any mandate
created by this Section. | ||||||
23 | (Source: P.A. 99-180, eff. 7-29-15; 100-401, eff. 8-25-17.)
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
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