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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0096 Introduced 1/24/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
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Amends the Property Tax Code. In provisions concerning the Senior Citizens Assessment Freeze Homestead Exemption, provides that, for taxable years 2024 and thereafter, the maximum income limitation is $85,000 (currently, $65,000). Effective immediately.
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| | A BILL FOR |
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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 15-172 as follows:
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6 | | (35 ILCS 200/15-172)
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7 | | Sec. 15-172. Low-Income Senior Citizens Assessment Freeze |
8 | | Homestead Exemption.
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9 | | (a) This Section may be cited as the Low-Income Senior |
10 | | Citizens Assessment
Freeze Homestead Exemption.
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11 | | (b) As used in this Section:
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12 | | "Applicant" means an individual who has filed an |
13 | | application under this
Section.
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14 | | "Base amount" means the base year equalized assessed value |
15 | | of the residence
plus the first year's equalized assessed |
16 | | value of any added improvements which
increased the assessed |
17 | | value of the residence after the base year.
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18 | | "Base year" means the taxable year prior to the taxable |
19 | | year for which the
applicant first qualifies and applies for |
20 | | the exemption provided that in the
prior taxable year the |
21 | | property was improved with a permanent structure that
was |
22 | | occupied as a residence by the applicant who was liable for |
23 | | paying 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 |
2 | | equitable interest in the property as evidenced by a
written |
3 | | instrument or (ii) had a legal or equitable interest as a |
4 | | lessee in the
parcel of property that was single family |
5 | | residence.
If in any subsequent taxable year for which the |
6 | | applicant applies and
qualifies for the exemption the |
7 | | equalized assessed value of the residence is
less than the |
8 | | equalized assessed value in the existing base year
(provided |
9 | | that such equalized assessed value is not
based
on an
assessed |
10 | | value that results from a temporary irregularity in the |
11 | | property that
reduces the
assessed value for one or more |
12 | | taxable years), then that
subsequent taxable year shall become |
13 | | the base year until a new base year is
established under the |
14 | | terms of this paragraph. For taxable year 1999 only, the
Chief |
15 | | County Assessment Officer shall review (i) all taxable years |
16 | | for which
the
applicant applied and qualified for the |
17 | | exemption and (ii) the existing base
year.
The assessment |
18 | | officer shall select as the new base year the year with the
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19 | | lowest equalized assessed value.
An equalized assessed value |
20 | | that is based on an assessed value that results
from a
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21 | | temporary irregularity in the property that reduces the |
22 | | assessed value for one
or more
taxable years shall not be |
23 | | considered the lowest equalized assessed value.
The selected |
24 | | year shall be the base year for
taxable year 1999 and |
25 | | thereafter until a new base year is established under the
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26 | | terms of this paragraph.
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1 | | "Chief County Assessment Officer" means the County |
2 | | Assessor or Supervisor of
Assessments of the county in which |
3 | | the property is located.
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4 | | "Equalized assessed value" means the assessed value as |
5 | | equalized by the
Illinois Department of Revenue.
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6 | | "Household" means the applicant, the spouse of the |
7 | | applicant, and all persons
using the residence of the |
8 | | applicant as their principal place of residence.
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9 | | "Household income" means the combined income of the |
10 | | members of a household
for the calendar year preceding the |
11 | | taxable year.
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12 | | "Income" has the same meaning as provided in Section 3.07 |
13 | | of the Senior
Citizens and Persons with Disabilities Property |
14 | | Tax Relief
Act, except that, beginning in assessment year |
15 | | 2001, "income" does not
include veteran's benefits.
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16 | | "Internal Revenue Code of 1986" means the United States |
17 | | Internal Revenue Code
of 1986 or any successor law or laws |
18 | | relating to federal income taxes in effect
for the year |
19 | | preceding the taxable year.
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20 | | "Life care facility that qualifies as a cooperative" means |
21 | | a facility as
defined in Section 2 of the Life Care Facilities |
22 | | Act.
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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; |
2 | | (5) $55,000 in taxable years 2008 through 2016;
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3 | | (6) for taxable year 2017, (i) $65,000 for qualified |
4 | | property located in a county with 3,000,000 or more |
5 | | inhabitants and (ii) $55,000 for qualified property |
6 | | located in a county with fewer than 3,000,000 inhabitants; |
7 | | and |
8 | | (7) for taxable years 2018 through 2023 and |
9 | | thereafter , $65,000 for all qualified property ; and . |
10 | | (8) for taxable years 2024 and thereafter, $85,000 for
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11 | | all qualified property. |
12 | | As an alternative income valuation, a homeowner who is |
13 | | enrolled in any of the following programs may be presumed to |
14 | | have household income that does not exceed the maximum income |
15 | | limitation for that tax year as required by this Section: Aid |
16 | | to the Aged, Blind or Disabled (AABD) Program or the |
17 | | Supplemental Nutrition Assistance Program (SNAP), both of |
18 | | which are administered by the Department of Human Services; |
19 | | the Low Income Home Energy Assistance Program (LIHEAP), which |
20 | | is administered by the Department of Commerce and Economic |
21 | | Opportunity; The Benefit Access program, which is administered |
22 | | by the Department on Aging; and the Senior Citizens Real |
23 | | Estate Tax Deferral Program. |
24 | | A chief county assessment officer may indicate that he or |
25 | | she has verified an applicant's income eligibility for this |
26 | | exemption but may not report which program or programs, if |
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1 | | any, enroll the applicant. Release of personal information |
2 | | submitted pursuant to this Section shall be deemed an |
3 | | unwarranted invasion of personal privacy under the Freedom of |
4 | | Information Act. |
5 | | "Residence" means the principal dwelling place and |
6 | | appurtenant structures
used for residential purposes in this |
7 | | State occupied on January 1 of the
taxable year by a household |
8 | | and so much of the surrounding land, constituting
the parcel |
9 | | upon which the dwelling place is situated, as is used for
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10 | | residential purposes. If the Chief County Assessment Officer |
11 | | has established a
specific legal description for a portion of |
12 | | property constituting the
residence, then that portion of |
13 | | property shall be deemed the residence for the
purposes of |
14 | | this Section.
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15 | | "Taxable year" means the calendar year during which ad |
16 | | valorem property taxes
payable in the next succeeding year are |
17 | | levied.
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18 | | (c) Beginning in taxable year 1994, a low-income senior |
19 | | citizens assessment freeze
homestead exemption is granted for |
20 | | real property that is improved with a
permanent structure that |
21 | | is occupied as a residence by an applicant who (i) is
65 years |
22 | | of age or older during the taxable year, (ii) has a household |
23 | | income that does not exceed the maximum income limitation, |
24 | | (iii) is liable for paying real property taxes on
the
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25 | | property, and (iv) is an owner of record of the property or has |
26 | | a legal or
equitable interest in the property as evidenced by a |
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1 | | written instrument. This
homestead exemption shall also apply |
2 | | to a leasehold interest in a parcel of
property improved with a |
3 | | permanent structure that is a single family residence
that is |
4 | | occupied as a residence by a person who (i) is 65 years of age |
5 | | or older
during the taxable year, (ii) has a household income |
6 | | that does not exceed the maximum income limitation,
(iii)
has |
7 | | a legal or equitable ownership interest in the property as |
8 | | lessee, and (iv)
is liable for the payment of real property |
9 | | taxes on that property.
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10 | | In counties of 3,000,000 or more inhabitants, the amount |
11 | | of the exemption for all taxable years is the equalized |
12 | | assessed value of the
residence in the taxable year for which |
13 | | application is made minus the base
amount. In all other |
14 | | counties, the amount of the exemption is as follows: (i) |
15 | | through taxable year 2005 and for taxable year 2007 and |
16 | | thereafter, the amount of this exemption shall be the |
17 | | equalized assessed value of the
residence in the taxable year |
18 | | for which application is made minus the base
amount; and (ii) |
19 | | for
taxable year 2006, the amount of the exemption is as |
20 | | follows:
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21 | | (1) For an applicant who has a household income of |
22 | | $45,000 or less, the amount of the exemption is the |
23 | | equalized assessed value of the
residence in the taxable |
24 | | year for which application is made minus the base
amount. |
25 | | (2) For an applicant who has a household income |
26 | | exceeding $45,000 but not exceeding $46,250, the amount of |
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1 | | the exemption is (i) the equalized assessed value of the
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2 | | residence in the taxable year for which application is |
3 | | made minus the base
amount (ii) multiplied by 0.8. |
4 | | (3) For an applicant who has a household income |
5 | | exceeding $46,250 but not exceeding $47,500, the amount of |
6 | | the exemption is (i) the equalized assessed value of the
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7 | | residence in the taxable year for which application is |
8 | | made minus the base
amount (ii) multiplied by 0.6. |
9 | | (4) For an applicant who has a household income |
10 | | exceeding $47,500 but not exceeding $48,750, the amount of |
11 | | the exemption is (i) the equalized assessed value of the
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12 | | residence in the taxable year for which application is |
13 | | made minus the base
amount (ii) multiplied by 0.4. |
14 | | (5) For an applicant who has a household income |
15 | | exceeding $48,750 but not exceeding $50,000, the amount of |
16 | | the exemption is (i) the equalized assessed value of the
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17 | | residence in the taxable year for which application is |
18 | | made minus the base
amount (ii) multiplied by 0.2.
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19 | | When the applicant is a surviving spouse of an applicant |
20 | | for a prior year for
the same residence for which an exemption |
21 | | under this Section has been granted,
the base year and base |
22 | | amount for that residence are the same as for the
applicant for |
23 | | the prior year.
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24 | | Each year at the time the assessment books are certified |
25 | | to the County Clerk,
the Board of Review or Board of Appeals |
26 | | shall give to the County Clerk a list
of the assessed values of |
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1 | | improvements on each parcel qualifying for this
exemption that |
2 | | were added after the base year for this parcel and that
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3 | | increased the assessed value of the property.
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4 | | In the case of land improved with an apartment building |
5 | | owned and operated as
a cooperative or a building that is a |
6 | | life care facility that qualifies as a
cooperative, the |
7 | | maximum reduction from the equalized assessed value of the
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8 | | property is limited to the sum of the reductions calculated |
9 | | for each unit
occupied as a residence by a person or persons |
10 | | (i) 65 years of age or older, (ii) with a
household income that |
11 | | does not exceed the maximum income limitation, (iii) who is |
12 | | liable, by contract with the
owner
or owners of record, for |
13 | | paying real property taxes on the property, and (iv) who is
an |
14 | | owner of record of a legal or equitable interest in the |
15 | | cooperative
apartment building, other than a leasehold |
16 | | interest. In the instance of a
cooperative where a homestead |
17 | | exemption has been granted under this Section,
the cooperative |
18 | | association or its management firm shall credit the savings
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19 | | resulting from that exemption only to the apportioned tax |
20 | | liability of the
owner who qualified for the exemption. Any |
21 | | person who willfully refuses to
credit that savings to an |
22 | | owner who qualifies for the exemption is guilty of a
Class B |
23 | | misdemeanor.
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24 | | When a homestead exemption has been granted under this |
25 | | Section and an
applicant then becomes a resident of a facility |
26 | | licensed under the Assisted Living and Shared Housing Act, the |
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1 | | Nursing Home
Care Act, the Specialized Mental Health |
2 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or |
3 | | the MC/DD Act, the exemption shall be granted in subsequent |
4 | | years so long as the
residence (i) continues to be occupied by |
5 | | the qualified applicant's spouse or
(ii) if remaining |
6 | | unoccupied, is still owned by the qualified applicant for the
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7 | | homestead exemption.
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8 | | Beginning January 1, 1997, when an individual dies who |
9 | | would have qualified
for an exemption under this Section, and |
10 | | the surviving spouse does not
independently qualify for this |
11 | | exemption because of age, the exemption under
this Section |
12 | | shall be granted to the surviving spouse for the taxable year
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13 | | preceding and the taxable
year of the death, provided that, |
14 | | except for age, the surviving spouse meets
all
other |
15 | | qualifications for the granting of this exemption for those |
16 | | years.
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17 | | When married persons maintain separate residences, the |
18 | | exemption provided for
in this Section may be claimed by only |
19 | | one of such persons and for only one
residence.
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20 | | For taxable year 1994 only, in counties having less than |
21 | | 3,000,000
inhabitants, to receive the exemption, a person |
22 | | shall submit an application by
February 15, 1995 to the Chief |
23 | | County Assessment Officer
of the county in which the property |
24 | | is located. In counties having 3,000,000
or more inhabitants, |
25 | | for taxable year 1994 and all subsequent taxable years, to
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26 | | receive the exemption, a person
may submit an application to |
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1 | | the Chief County
Assessment Officer of the county in which the |
2 | | property is located during such
period as may be specified by |
3 | | the Chief County Assessment Officer. The Chief
County |
4 | | Assessment Officer in counties of 3,000,000 or more |
5 | | inhabitants shall
annually give notice of the application |
6 | | period by mail or by publication. In
counties having less than |
7 | | 3,000,000 inhabitants, beginning with taxable year
1995 and |
8 | | thereafter, to receive the exemption, a person
shall
submit an
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9 | | application by July 1 of each taxable year to the Chief County |
10 | | Assessment
Officer of the county in which the property is |
11 | | located. A county may, by
ordinance, establish a date for |
12 | | submission of applications that is
different than
July 1.
The |
13 | | applicant shall submit with the
application an affidavit of |
14 | | the applicant's total household income, age,
marital status |
15 | | (and if married the name and address of the applicant's |
16 | | spouse,
if known), and principal dwelling place of members of |
17 | | the household on January
1 of the taxable year. The Department |
18 | | shall establish, by rule, a method for
verifying the accuracy |
19 | | of affidavits filed by applicants under this Section, and the |
20 | | Chief County Assessment Officer may conduct audits of any |
21 | | taxpayer claiming an exemption under this Section to verify |
22 | | that the taxpayer is eligible to receive the exemption. Each |
23 | | application shall contain or be verified by a written |
24 | | declaration that it is made under the penalties of perjury. A |
25 | | taxpayer's signing a fraudulent application under this Act is |
26 | | perjury, as defined in Section 32-2 of the Criminal Code of |
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1 | | 2012.
The applications shall be clearly marked as applications |
2 | | for the Low-Income Senior
Citizens Assessment Freeze Homestead |
3 | | Exemption and must contain a notice that any taxpayer who |
4 | | receives the exemption is subject to an audit by the Chief |
5 | | County Assessment Officer.
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6 | | Notwithstanding any other provision to the contrary, in |
7 | | counties having fewer
than 3,000,000 inhabitants, if an |
8 | | applicant fails
to file the application required by this |
9 | | Section in a timely manner and this
failure to file is due to a |
10 | | mental or physical condition sufficiently severe so
as to |
11 | | render the applicant incapable of filing the application in a |
12 | | timely
manner, the Chief County Assessment Officer may extend |
13 | | the filing deadline for
a period of 30 days after the applicant |
14 | | regains the capability to file the
application, but in no case |
15 | | may the filing deadline be extended beyond 3
months of the |
16 | | original filing deadline. In order to receive the extension
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17 | | provided in this paragraph, the applicant shall provide the |
18 | | Chief County
Assessment Officer with a signed statement from |
19 | | the applicant's physician, advanced practice registered nurse, |
20 | | or physician assistant
stating the nature and extent of the |
21 | | condition, that, in the
physician's, advanced practice |
22 | | registered nurse's, or physician assistant's opinion, the |
23 | | condition was so severe that it rendered the applicant
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24 | | incapable of filing the application in a timely manner, and |
25 | | the date on which
the applicant regained the capability to |
26 | | file the application.
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1 | | Beginning January 1, 1998, notwithstanding any other |
2 | | provision to the
contrary, in counties having fewer than |
3 | | 3,000,000 inhabitants, if an applicant
fails to file the |
4 | | application required by this Section in a timely manner and
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5 | | this failure to file is due to a mental or physical condition |
6 | | sufficiently
severe so as to render the applicant incapable of |
7 | | filing the application in a
timely manner, the Chief County |
8 | | Assessment Officer may extend the filing
deadline for a period |
9 | | of 3 months. In order to receive the extension provided
in this |
10 | | paragraph, the applicant shall provide the Chief County |
11 | | Assessment
Officer with a signed statement from the |
12 | | applicant's physician, advanced practice registered nurse, or |
13 | | physician assistant stating the
nature and extent of the |
14 | | condition, and that, in the physician's, advanced practice |
15 | | registered nurse's, or physician assistant's opinion, the
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16 | | condition was so severe that it rendered the applicant |
17 | | incapable of filing the
application in a timely manner.
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18 | | In counties having less than 3,000,000 inhabitants, if an |
19 | | applicant was
denied an exemption in taxable year 1994 and the |
20 | | denial occurred due to an
error on the part of an assessment
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21 | | official, or his or her agent or employee, then beginning in |
22 | | taxable year 1997
the
applicant's base year, for purposes of |
23 | | determining the amount of the exemption,
shall be 1993 rather |
24 | | than 1994. In addition, in taxable year 1997, the
applicant's |
25 | | exemption shall also include an amount equal to (i) the amount |
26 | | of
any exemption denied to the applicant in taxable year 1995 |
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1 | | as a result of using
1994, rather than 1993, as the base year, |
2 | | (ii) the amount of any exemption
denied to the applicant in |
3 | | taxable year 1996 as a result of using 1994, rather
than 1993, |
4 | | as the base year, and (iii) the amount of the exemption |
5 | | erroneously
denied for taxable year 1994.
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6 | | For purposes of this Section, a person who will be 65 years |
7 | | of age during the
current taxable year shall be eligible to |
8 | | apply for the homestead exemption
during that taxable year. |
9 | | Application shall be made during the application
period in |
10 | | effect for the county of his or her residence.
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11 | | The Chief County Assessment Officer may determine the |
12 | | eligibility of a life
care facility that qualifies as a |
13 | | cooperative to receive the benefits
provided by this Section |
14 | | by use of an affidavit, application, visual
inspection, |
15 | | questionnaire, or other reasonable method in order to insure |
16 | | that
the tax savings resulting from the exemption are credited |
17 | | by the management
firm to the apportioned tax liability of |
18 | | each qualifying resident. The Chief
County Assessment Officer |
19 | | may request reasonable proof that the management firm
has so |
20 | | credited that exemption.
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21 | | Except as provided in this Section, all information |
22 | | received by the chief
county assessment officer or the |
23 | | Department from applications filed under this
Section, or from |
24 | | any investigation conducted under the provisions of this
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25 | | Section, shall be confidential, except for official purposes |
26 | | or
pursuant to official procedures for collection of any State |
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1 | | or local tax or
enforcement of any civil or criminal penalty or |
2 | | sanction imposed by this Act or
by any statute or ordinance |
3 | | imposing a State or local tax. Any person who
divulges any such |
4 | | information in any manner, except in accordance with a proper
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5 | | judicial order, is guilty of a Class A misdemeanor.
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6 | | Nothing contained in this Section shall prevent the |
7 | | Director or chief county
assessment officer from publishing or |
8 | | making available reasonable statistics
concerning the |
9 | | operation of the exemption contained in this Section in which
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10 | | the contents of claims are grouped into aggregates in such a |
11 | | way that
information contained in any individual claim shall |
12 | | not be disclosed. |
13 | | Notwithstanding any other provision of law, for taxable |
14 | | year 2017 and thereafter, in counties of 3,000,000 or more |
15 | | inhabitants, the amount of the exemption shall be the greater |
16 | | of (i) the amount of the exemption otherwise calculated under |
17 | | this Section or (ii) $2,000.
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18 | | (c-5) Notwithstanding any other provision of law, each |
19 | | chief county assessment officer may approve this exemption for |
20 | | the 2020 taxable year, without application, for any property |
21 | | that was approved for this exemption for the 2019 taxable |
22 | | year, provided that: |
23 | | (1) the county board has declared a local disaster as |
24 | | provided in the Illinois Emergency Management Agency Act |
25 | | related to the COVID-19 public health emergency; |
26 | | (2) the owner of record of the property as of January |
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1 | | 1, 2020 is the same as the owner of record of the property |
2 | | as of January 1, 2019; |
3 | | (3) the exemption for the 2019 taxable year has not |
4 | | been determined to be an erroneous exemption as defined by |
5 | | this Code; and |
6 | | (4) the applicant for the 2019 taxable year has not |
7 | | asked for the exemption to be removed for the 2019 or 2020 |
8 | | taxable years. |
9 | | Nothing in this subsection shall preclude or impair the |
10 | | authority of a chief county assessment officer to conduct |
11 | | audits of any taxpayer claiming an exemption under this |
12 | | Section to verify that the taxpayer is eligible to receive the |
13 | | exemption as provided elsewhere in this Section. |
14 | | (c-10) Notwithstanding any other provision of law, each |
15 | | chief county assessment officer may approve this exemption for |
16 | | the 2021 taxable year, without application, for any property |
17 | | that was approved for this exemption for the 2020 taxable |
18 | | year, if: |
19 | | (1) the county board has declared a local disaster as |
20 | | provided in the Illinois Emergency Management Agency Act |
21 | | related to the COVID-19 public health emergency; |
22 | | (2) the owner of record of the property as of January |
23 | | 1, 2021 is the same as the owner of record of the property |
24 | | as of January 1, 2020; |
25 | | (3) the exemption for the 2020 taxable year has not |
26 | | been determined to be an erroneous exemption as defined by |
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1 | | this Code; and |
2 | | (4) the taxpayer for the 2020 taxable year has not |
3 | | asked for the exemption to be removed for the 2020 or 2021 |
4 | | taxable years. |
5 | | Nothing in this subsection shall preclude or impair the |
6 | | authority of a chief county assessment officer to conduct |
7 | | audits of any taxpayer claiming an exemption under this |
8 | | Section to verify that the taxpayer is eligible to receive the |
9 | | exemption as provided elsewhere in this Section. |
10 | | (d) Each Chief County Assessment Officer shall annually |
11 | | publish a notice
of availability of the exemption provided |
12 | | under this Section. The notice
shall be published at least 60 |
13 | | days but no more than 75 days prior to the date
on which the |
14 | | application must be submitted to the Chief County Assessment
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15 | | Officer of the county in which the property is located. The |
16 | | notice shall
appear in a newspaper of general circulation in |
17 | | the county.
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18 | | Notwithstanding Sections 6 and 8 of the State Mandates |
19 | | Act, no reimbursement by the State is required for the |
20 | | implementation of any mandate created by this Section.
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21 | | (Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21; |
22 | | 102-895, eff. 5-23-22.)
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23 | | Section 99. Effective date. This Act takes effect upon |
24 | | becoming law.
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