Bill Text: IL SB3429 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Property Tax Code. Provides that the general homestead exemption shall be $6,000 in all counties beginning with the 2012 assessment year. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB3429 Detail]
Download: Illinois-2011-SB3429-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 15-175 as follows:
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6 | (35 ILCS 200/15-175)
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7 | Sec. 15-175. General homestead exemption. Except as | ||||||||||||||||||||||||
8 | provided in Sections 15-176 and 15-177, homestead
property is
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9 | entitled to an annual homestead exemption of 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
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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
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19 | the property for 1977 shall be used to determine the amount of | ||||||||||||||||||||||||
20 | the exemption.
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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.
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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
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22 | reduction set forth in this Section.
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23 | If in any assessment year beginning with the 2012 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, the general homestead exemption a reduction
in |
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1 | equalized assessed valuation equal to the increase in equalized | ||||||
2 | assessed
value of the property for the year of the pro-rata | ||||||
3 | valuation above the
equalized assessed value of the property | ||||||
4 | for 1977 shall be applied to the
property on a proportionate | ||||||
5 | basis for the period the property qualified as
homestead | ||||||
6 | property during the assessment year. The maximum proportionate
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7 | homestead exemption shall not exceed the maximum homestead | ||||||
8 | exemption allowed in
the county under this Section divided by | ||||||
9 | 365 and multiplied by the number of
days the property qualified | ||||||
10 | as homestead property.
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11 | "Homestead property" under this Section includes | ||||||
12 | residential property that is
occupied by its owner or owners as | ||||||
13 | his or their principal dwelling place, or
that is a leasehold | ||||||
14 | interest on which a single family residence is situated,
which | ||||||
15 | is occupied as a residence by a person who has an ownership | ||||||
16 | interest
therein, legal or equitable or as a lessee, and on | ||||||
17 | which the person is
liable for the payment of property taxes. | ||||||
18 | For land improved with
an apartment building owned and operated | ||||||
19 | as a cooperative or a building which
is a life care facility as | ||||||
20 | defined in Section 15-170 and considered to
be a cooperative | ||||||
21 | under Section 15-170, the maximum reduction from the equalized
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22 | assessed value shall be limited to the increase in the value | ||||||
23 | above the
equalized assessed value of the property for 1977, up | ||||||
24 | to
the maximum reduction set forth above, multiplied by the | ||||||
25 | number of apartments
or units occupied by a person or persons | ||||||
26 | who is liable, by contract with the
owner or owners of record, |
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1 | for paying property taxes on the property and is an
owner of | ||||||
2 | record of a legal or equitable interest in the cooperative
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3 | apartment building, other than a leasehold interest. For | ||||||
4 | purposes of this
Section, the term "life care facility" has the | ||||||
5 | meaning stated in Section
15-170.
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6 | "Household", as used in this Section,
means the owner, the | ||||||
7 | spouse of the owner, and all persons using
the
residence of the | ||||||
8 | owner as their principal place of residence.
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9 | "Household income", as used in this Section,
means the | ||||||
10 | combined income of the members of a household
for the calendar | ||||||
11 | year preceding the taxable year.
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12 | "Income", as used in this Section,
has the same meaning as | ||||||
13 | provided in Section 3.07 of the Senior
Citizens
and Disabled | ||||||
14 | Persons Property Tax Relief and Pharmaceutical Assistance Act,
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15 | except that
"income" does not include veteran's benefits.
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16 | In a cooperative where a homestead exemption has been | ||||||
17 | granted, the
cooperative association or its management firm | ||||||
18 | shall credit the savings
resulting from that exemption only to | ||||||
19 | the apportioned tax liability of the
owner who qualified for | ||||||
20 | the exemption. Any person who willfully refuses to so
credit | ||||||
21 | the savings shall be guilty of a Class B misdemeanor.
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22 | Where married persons maintain and reside in separate | ||||||
23 | residences qualifying
as homestead property, each residence | ||||||
24 | shall receive 50% of the total reduction
in equalized assessed | ||||||
25 | valuation provided by this Section.
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26 | In all counties, the assessor
or chief county assessment |
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1 | officer may determine the
eligibility of residential property | ||||||
2 | to receive the homestead exemption and the amount of the | ||||||
3 | exemption by
application, visual inspection, questionnaire or | ||||||
4 | other reasonable methods. The
determination shall be made in | ||||||
5 | accordance with guidelines established by the
Department, | ||||||
6 | provided that the taxpayer applying for an additional general | ||||||
7 | exemption under this Section shall submit to the chief county | ||||||
8 | assessment officer an application with an affidavit of the | ||||||
9 | applicant's total household income, age, marital status (and, | ||||||
10 | if married, the name and address of the applicant's spouse, if | ||||||
11 | known), and principal dwelling place of members of the | ||||||
12 | household on January 1 of the taxable year. The Department | ||||||
13 | shall issue guidelines establishing a method for verifying the | ||||||
14 | accuracy of the affidavits filed by applicants under this | ||||||
15 | paragraph. The applications shall be clearly marked as | ||||||
16 | applications for the Additional General Homestead Exemption.
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17 | In counties with fewer than 3,000,000 inhabitants, in the | ||||||
18 | event of a sale
of
homestead property the homestead exemption | ||||||
19 | shall remain in effect for the
remainder of the assessment year | ||||||
20 | of the sale. The assessor or chief county
assessment officer | ||||||
21 | may require the new
owner of the property to apply for the | ||||||
22 | homestead exemption for the following
assessment year.
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23 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
24 | no reimbursement by the State is required for the | ||||||
25 | implementation of any mandate created by this Section.
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26 | The changes made by this amendatory Act of the 97th General |
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1 | Assembly apply beginning with the 2012 assessment year. | ||||||
2 | (Source: P.A. 95-644, eff. 10-12-07.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
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