Illinois 2023-2024 Regular Session

Illinois House Bill HB2513 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2513 Introduced , by Rep. Kelly M. Burke SYNOPSIS AS INTRODUCED: 35 ILCS 200/10-40 35 ILCS 200/10-50 Amends the Property Tax Code. In provisions concerning the Historic Residence Assessment Freeze Law, provides that the fair cash value of the property shall be based on the final determination by the assessment officer, board of review, Property Tax Appeal Board, or court. Provides that, after the expiration of the 8-year valuation period, if the current fair cash value is less than the adjusted base year valuation, then the assessment shall be based on the current fair cash value. Provides that those changes are declarative of existing law. LRB103 26973 HLH 53340 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2513 Introduced , by Rep. Kelly M. Burke SYNOPSIS AS INTRODUCED: 35 ILCS 200/10-40 35 ILCS 200/10-50 35 ILCS 200/10-40 35 ILCS 200/10-50 Amends the Property Tax Code. In provisions concerning the Historic Residence Assessment Freeze Law, provides that the fair cash value of the property shall be based on the final determination by the assessment officer, board of review, Property Tax Appeal Board, or court. Provides that, after the expiration of the 8-year valuation period, if the current fair cash value is less than the adjusted base year valuation, then the assessment shall be based on the current fair cash value. Provides that those changes are declarative of existing law. LRB103 26973 HLH 53340 b LRB103 26973 HLH 53340 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2513 Introduced , by Rep. Kelly M. Burke SYNOPSIS AS INTRODUCED:
33 35 ILCS 200/10-40 35 ILCS 200/10-50 35 ILCS 200/10-40 35 ILCS 200/10-50
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66 Amends the Property Tax Code. In provisions concerning the Historic Residence Assessment Freeze Law, provides that the fair cash value of the property shall be based on the final determination by the assessment officer, board of review, Property Tax Appeal Board, or court. Provides that, after the expiration of the 8-year valuation period, if the current fair cash value is less than the adjusted base year valuation, then the assessment shall be based on the current fair cash value. Provides that those changes are declarative of existing law.
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1212 1 AN ACT concerning revenue.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Property Tax Code is amended by changing
1616 5 Sections 10-40 and 10-50 as follows:
1717 6 (35 ILCS 200/10-40)
1818 7 Sec. 10-40. Historic Residence Assessment Freeze Law;
1919 8 definitions. This Section and Sections 10-45 through 10-85 may
2020 9 be cited as the Historic Residence Assessment Freeze Law. As
2121 10 used in this Section and Sections 10-45 through 10-85:
2222 11 (a) "Director" means the Director of Historic
2323 12 Preservation.
2424 13 (b) "Approved county or municipal landmark ordinance"
2525 14 means a county or municipal ordinance approved by the
2626 15 Director.
2727 16 (c) "Historic building" means an owner-occupied single
2828 17 family residence or an owner-occupied multi-family
2929 18 residence and the tract, lot or parcel upon which it is
3030 19 located, or a building or buildings owned and operated as
3131 20 a cooperative, if:
3232 21 (1) individually listed on the National Register
3333 22 of Historic Places or the Illinois Register of
3434 23 Historic Places;
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2513 Introduced , by Rep. Kelly M. Burke SYNOPSIS AS INTRODUCED:
3939 35 ILCS 200/10-40 35 ILCS 200/10-50 35 ILCS 200/10-40 35 ILCS 200/10-50
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4242 Amends the Property Tax Code. In provisions concerning the Historic Residence Assessment Freeze Law, provides that the fair cash value of the property shall be based on the final determination by the assessment officer, board of review, Property Tax Appeal Board, or court. Provides that, after the expiration of the 8-year valuation period, if the current fair cash value is less than the adjusted base year valuation, then the assessment shall be based on the current fair cash value. Provides that those changes are declarative of existing law.
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7171 1 (2) individually designated pursuant to an
7272 2 approved county or municipal landmark ordinance; or
7373 3 (3) within a district listed on the National
7474 4 Register of Historic Places or designated pursuant to
7575 5 an approved county or municipal landmark ordinance, if
7676 6 the Director determines that the building is of
7777 7 historic significance to the district in which it is
7878 8 located.
7979 9 Historic building does not mean an individual unit of a
8080 10 cooperative.
8181 11 (d) "Assessment officer" means the chief county
8282 12 assessment officer.
8383 13 (e) "Certificate of rehabilitation" means the
8484 14 certificate issued by the Director upon the renovation,
8585 15 restoration, preservation or rehabilitation of an historic
8686 16 building under this Code.
8787 17 (f) "Rehabilitation period" means the period of time
8888 18 necessary to renovate, restore, preserve or rehabilitate
8989 19 an historic building as determined by the Director.
9090 20 (g) "Standards for rehabilitation" means the Secretary
9191 21 of Interior's standards for rehabilitation as promulgated
9292 22 by the U.S. Department of the Interior.
9393 23 (h) "Fair cash value" means the fair cash value of the
9494 24 historic building, as finally determined for that year by
9595 25 the assessment officer, board of review, Property Tax
9696 26 Appeal Board, or court on the basis of the assessment
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107107 1 officer's property record card, representing the value of
108108 2 the property prior to the commencement of rehabilitation
109109 3 without consideration of any reduction reflecting value
110110 4 during the rehabilitation work. The changes made to this
111111 5 Section by this amendatory Act of the 103rd General
112112 6 Assembly are declarative of existing law and shall not be
113113 7 construed as a new enactment.
114114 8 (i) "Base year valuation" means the fair cash value of
115115 9 the historic building for the year in which the
116116 10 rehabilitation period begins but prior to the commencement
117117 11 of the rehabilitation and does not include any reduction
118118 12 in value during the rehabilitation work.
119119 13 (j) "Adjustment in value" means the difference for any
120120 14 year between the then current fair cash value and the base
121121 15 year valuation.
122122 16 (k) "Eight-year valuation period" means the 8 years
123123 17 from the date of the issuance of the certificate of
124124 18 rehabilitation.
125125 19 (l) "Adjustment valuation period" means the 4 years
126126 20 following the 8 year valuation period.
127127 21 (m) "Substantial rehabilitation" means interior or
128128 22 exterior rehabilitation work that preserves the historic
129129 23 building in a manner that significantly improves its
130130 24 condition.
131131 25 (n) "Approved local government" means a local
132132 26 government that has been certified by the Director as:
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143143 1 (1) enforcing appropriate legislation for the
144144 2 designation of historic buildings;
145145 3 (2) having established an adequate and qualified
146146 4 historic review commission;
147147 5 (3) maintaining a system for the survey and
148148 6 inventory of historic properties;
149149 7 (4) providing for adequate public participation in
150150 8 the local historic preservation program; and
151151 9 (5) maintaining a system for reviewing
152152 10 applications under this Section in accordance with
153153 11 rules and regulations promulgated by the Director.
154154 12 (o) "Cooperative" means a building or buildings and
155155 13 the tract, lot, or parcel on which the building or
156156 14 buildings are located, if the building or buildings are
157157 15 devoted to residential uses by the owners and fee title to
158158 16 the land and building or buildings is owned by a
159159 17 corporation or other legal entity in which the
160160 18 shareholders or other co-owners each also have a long-term
161161 19 proprietary lease or other long-term arrangement of
162162 20 exclusive possession for a specific unit of occupancy
163163 21 space located within the same building or buildings.
164164 22 (p) "Owner", in the case of a cooperative, means the
165165 23 Association.
166166 24 (q) "Association", in the case of a cooperative, means
167167 25 the entity responsible for the administration of a
168168 26 cooperative, which entity may be incorporated or
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179179 1 unincorporated, profit or nonprofit.
180180 2 (r) "Owner-occupied single family residence" means a
181181 3 residence in which the title holder of record (i) holds
182182 4 fee simple ownership and (ii) occupies the property as
183183 5 his, her, or their principal residence.
184184 6 (s) "Owner-occupied multi-family residence" means
185185 7 residential property comprised of not more than 6 living
186186 8 units in which the title holder of record (i) holds fee
187187 9 simple ownership and (ii) occupies one unit as his, her,
188188 10 or their principal residence. The remaining units may be
189189 11 leased.
190190 12 The changes made to this Section by this amendatory Act of
191191 13 the 91st General Assembly are declarative of existing law and
192192 14 shall not be construed as a new enactment.
193193 15 (Source: P.A. 90-114, eff. 1-1-98; 91-806, eff. 1-1-01.)
194194 16 (35 ILCS 200/10-50)
195195 17 Sec. 10-50. Valuation after 8 year valuation period.
196196 18 (a) For the 4 years after the expiration of the 8-year
197197 19 valuation period, the valuation for purposes of computing the
198198 20 assessed valuation shall not exceed the following be as
199199 21 follows:
200200 22 For the first year, the base year valuation plus 25%
201201 23 of the adjustment in value.
202202 24 For the second year, the base year valuation plus 50%
203203 25 of the adjustment in value.
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214214 1 For the third year, the base year valuation plus 75%
215215 2 of the adjustment in value.
216216 3 For the fourth year, the then current fair cash value.
217217 4 (b) If the current fair cash value during the adjustment
218218 5 valuation period is less than the base year valuation with the
219219 6 applicable adjustment, the assessment shall be based on the
220220 7 current fair cash value. The changes made to this Section by
221221 8 this amendatory Act of the 103rd General Assembly are
222222 9 declarative of existing law and shall not be construed as a new
223223 10 enactment.
224224 11 (Source: P.A. 82-1023; 88-455.)
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