Illinois 2023-2024 Regular Session

Illinois House Bill HB3535 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3535 Introduced 2/17/2023, by Rep. Jed Davis SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-172 Amends the Property Tax Code. Provides that, for the purposes of the Low-Income Senior Citizens Assessment Freeze Homestead Exemption, the maximum income limitation does not include any required minimum distributions from an individual retirement account or other retirement account. Effective immediately. LRB103 29691 HLH 56095 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3535 Introduced 2/17/2023, by Rep. Jed Davis SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-172 35 ILCS 200/15-172 Amends the Property Tax Code. Provides that, for the purposes of the Low-Income Senior Citizens Assessment Freeze Homestead Exemption, the maximum income limitation does not include any required minimum distributions from an individual retirement account or other retirement account. Effective immediately. LRB103 29691 HLH 56095 b LRB103 29691 HLH 56095 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3535 Introduced 2/17/2023, by Rep. Jed Davis SYNOPSIS AS INTRODUCED:
33 35 ILCS 200/15-172 35 ILCS 200/15-172
44 35 ILCS 200/15-172
55 Amends the Property Tax Code. Provides that, for the purposes of the Low-Income Senior Citizens Assessment Freeze Homestead Exemption, the maximum income limitation does not include any required minimum distributions from an individual retirement account or other retirement account. Effective immediately.
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1111 1 AN ACT concerning revenue.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Property Tax Code is amended by changing
1515 5 Section 15-172 as follows:
1616 6 (35 ILCS 200/15-172)
1717 7 Sec. 15-172. Low-Income Senior Citizens Assessment Freeze
1818 8 Homestead Exemption.
1919 9 (a) This Section may be cited as the Low-Income Senior
2020 10 Citizens Assessment Freeze Homestead Exemption.
2121 11 (b) As used in this Section:
2222 12 "Applicant" means an individual who has filed an
2323 13 application under this Section.
2424 14 "Base amount" means the base year equalized assessed value
2525 15 of the residence plus the first year's equalized assessed
2626 16 value of any added improvements which increased the assessed
2727 17 value of the residence after the base year.
2828 18 "Base year" means the taxable year prior to the taxable
2929 19 year for which the applicant first qualifies and applies for
3030 20 the exemption provided that in the prior taxable year the
3131 21 property was improved with a permanent structure that was
3232 22 occupied as a residence by the applicant who was liable for
3333 23 paying real property taxes on the property and who was either
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3535 Introduced 2/17/2023, by Rep. Jed Davis SYNOPSIS AS INTRODUCED:
3838 35 ILCS 200/15-172 35 ILCS 200/15-172
3939 35 ILCS 200/15-172
4040 Amends the Property Tax Code. Provides that, for the purposes of the Low-Income Senior Citizens Assessment Freeze Homestead Exemption, the maximum income limitation does not include any required minimum distributions from an individual retirement account or other retirement account. Effective immediately.
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6868 1 (i) an owner of record of the property or had legal or
6969 2 equitable interest in the property as evidenced by a written
7070 3 instrument or (ii) had a legal or equitable interest as a
7171 4 lessee in the parcel of property that was single family
7272 5 residence. If in any subsequent taxable year for which the
7373 6 applicant applies and qualifies for the exemption the
7474 7 equalized assessed value of the residence is less than the
7575 8 equalized assessed value in the existing base year (provided
7676 9 that such equalized assessed value is not based on an assessed
7777 10 value that results from a temporary irregularity in the
7878 11 property that reduces the assessed value for one or more
7979 12 taxable years), then that subsequent taxable year shall become
8080 13 the base year until a new base year is established under the
8181 14 terms of this paragraph. For taxable year 1999 only, the Chief
8282 15 County Assessment Officer shall review (i) all taxable years
8383 16 for which the applicant applied and qualified for the
8484 17 exemption and (ii) the existing base year. The assessment
8585 18 officer shall select as the new base year the year with the
8686 19 lowest equalized assessed value. An equalized assessed value
8787 20 that is based on an assessed value that results from a
8888 21 temporary irregularity in the property that reduces the
8989 22 assessed value for one or more taxable years shall not be
9090 23 considered the lowest equalized assessed value. The selected
9191 24 year shall be the base year for taxable year 1999 and
9292 25 thereafter until a new base year is established under the
9393 26 terms of this paragraph.
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104104 1 "Chief County Assessment Officer" means the County
105105 2 Assessor or Supervisor of Assessments of the county in which
106106 3 the property is located.
107107 4 "Equalized assessed value" means the assessed value as
108108 5 equalized by the Illinois Department of Revenue.
109109 6 "Household" means the applicant, the spouse of the
110110 7 applicant, and all persons using the residence of the
111111 8 applicant as their principal place of residence.
112112 9 "Household income" means the combined income of the
113113 10 members of a household for the calendar year preceding the
114114 11 taxable year.
115115 12 "Income" has the same meaning as provided in Section 3.07
116116 13 of the Senior Citizens and Persons with Disabilities Property
117117 14 Tax Relief Act, except that, beginning in assessment year
118118 15 2001, "income" does not include veteran's benefits, and,
119119 16 beginning in assessment year 2024, "income" does not include
120120 17 any required minimum distributions from an individual
121121 18 retirement account or other retirement account..
122122 19 "Internal Revenue Code of 1986" means the United States
123123 20 Internal Revenue Code of 1986 or any successor law or laws
124124 21 relating to federal income taxes in effect for the year
125125 22 preceding the taxable year.
126126 23 "Life care facility that qualifies as a cooperative" means
127127 24 a facility as defined in Section 2 of the Life Care Facilities
128128 25 Act.
129129 26 "Maximum income limitation" means:
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140140 1 (1) $35,000 prior to taxable year 1999;
141141 2 (2) $40,000 in taxable years 1999 through 2003;
142142 3 (3) $45,000 in taxable years 2004 through 2005;
143143 4 (4) $50,000 in taxable years 2006 and 2007;
144144 5 (5) $55,000 in taxable years 2008 through 2016;
145145 6 (6) for taxable year 2017, (i) $65,000 for qualified
146146 7 property located in a county with 3,000,000 or more
147147 8 inhabitants and (ii) $55,000 for qualified property
148148 9 located in a county with fewer than 3,000,000 inhabitants;
149149 10 and
150150 11 (7) for taxable years 2018 and thereafter, $65,000 for
151151 12 all qualified property.
152152 13 As an alternative income valuation, a homeowner who is
153153 14 enrolled in any of the following programs may be presumed to
154154 15 have household income that does not exceed the maximum income
155155 16 limitation for that tax year as required by this Section: Aid
156156 17 to the Aged, Blind or Disabled (AABD) Program or the
157157 18 Supplemental Nutrition Assistance Program (SNAP), both of
158158 19 which are administered by the Department of Human Services;
159159 20 the Low Income Home Energy Assistance Program (LIHEAP), which
160160 21 is administered by the Department of Commerce and Economic
161161 22 Opportunity; The Benefit Access program, which is administered
162162 23 by the Department on Aging; and the Senior Citizens Real
163163 24 Estate Tax Deferral Program.
164164 25 A chief county assessment officer may indicate that he or
165165 26 she has verified an applicant's income eligibility for this
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176176 1 exemption but may not report which program or programs, if
177177 2 any, enroll the applicant. Release of personal information
178178 3 submitted pursuant to this Section shall be deemed an
179179 4 unwarranted invasion of personal privacy under the Freedom of
180180 5 Information Act.
181181 6 "Residence" means the principal dwelling place and
182182 7 appurtenant structures used for residential purposes in this
183183 8 State occupied on January 1 of the taxable year by a household
184184 9 and so much of the surrounding land, constituting the parcel
185185 10 upon which the dwelling place is situated, as is used for
186186 11 residential purposes. If the Chief County Assessment Officer
187187 12 has established a specific legal description for a portion of
188188 13 property constituting the residence, then that portion of
189189 14 property shall be deemed the residence for the purposes of
190190 15 this Section.
191191 16 "Taxable year" means the calendar year during which ad
192192 17 valorem property taxes payable in the next succeeding year are
193193 18 levied.
194194 19 (c) Beginning in taxable year 1994, a low-income senior
195195 20 citizens assessment freeze homestead exemption is granted for
196196 21 real property that is improved with a permanent structure that
197197 22 is occupied as a residence by an applicant who (i) is 65 years
198198 23 of age or older during the taxable year, (ii) has a household
199199 24 income that does not exceed the maximum income limitation,
200200 25 (iii) is liable for paying real property taxes on the
201201 26 property, and (iv) is an owner of record of the property or has
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212212 1 a legal or equitable interest in the property as evidenced by a
213213 2 written instrument. This homestead exemption shall also apply
214214 3 to a leasehold interest in a parcel of property improved with a
215215 4 permanent structure that is a single family residence that is
216216 5 occupied as a residence by a person who (i) is 65 years of age
217217 6 or older during the taxable year, (ii) has a household income
218218 7 that does not exceed the maximum income limitation, (iii) has
219219 8 a legal or equitable ownership interest in the property as
220220 9 lessee, and (iv) is liable for the payment of real property
221221 10 taxes on that property.
222222 11 In counties of 3,000,000 or more inhabitants, the amount
223223 12 of the exemption for all taxable years is the equalized
224224 13 assessed value of the residence in the taxable year for which
225225 14 application is made minus the base amount. In all other
226226 15 counties, the amount of the exemption is as follows: (i)
227227 16 through taxable year 2005 and for taxable year 2007 and
228228 17 thereafter, the amount of this exemption shall be the
229229 18 equalized assessed value of the residence in the taxable year
230230 19 for which application is made minus the base amount; and (ii)
231231 20 for taxable year 2006, the amount of the exemption is as
232232 21 follows:
233233 22 (1) For an applicant who has a household income of
234234 23 $45,000 or less, the amount of the exemption is the
235235 24 equalized assessed value of the residence in the taxable
236236 25 year for which application is made minus the base amount.
237237 26 (2) For an applicant who has a household income
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248248 1 exceeding $45,000 but not exceeding $46,250, the amount of
249249 2 the exemption is (i) the equalized assessed value of the
250250 3 residence in the taxable year for which application is
251251 4 made minus the base amount (ii) multiplied by 0.8.
252252 5 (3) For an applicant who has a household income
253253 6 exceeding $46,250 but not exceeding $47,500, the amount of
254254 7 the exemption is (i) the equalized assessed value of the
255255 8 residence in the taxable year for which application is
256256 9 made minus the base amount (ii) multiplied by 0.6.
257257 10 (4) For an applicant who has a household income
258258 11 exceeding $47,500 but not exceeding $48,750, the amount of
259259 12 the exemption is (i) the equalized assessed value of the
260260 13 residence in the taxable year for which application is
261261 14 made minus the base amount (ii) multiplied by 0.4.
262262 15 (5) For an applicant who has a household income
263263 16 exceeding $48,750 but not exceeding $50,000, the amount of
264264 17 the exemption is (i) the equalized assessed value of the
265265 18 residence in the taxable year for which application is
266266 19 made minus the base amount (ii) multiplied by 0.2.
267267 20 When the applicant is a surviving spouse of an applicant
268268 21 for a prior year for the same residence for which an exemption
269269 22 under this Section has been granted, the base year and base
270270 23 amount for that residence are the same as for the applicant for
271271 24 the prior year.
272272 25 Each year at the time the assessment books are certified
273273 26 to the County Clerk, the Board of Review or Board of Appeals
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284284 1 shall give to the County Clerk a list of the assessed values of
285285 2 improvements on each parcel qualifying for this exemption that
286286 3 were added after the base year for this parcel and that
287287 4 increased the assessed value of the property.
288288 5 In the case of land improved with an apartment building
289289 6 owned and operated as a cooperative or a building that is a
290290 7 life care facility that qualifies as a cooperative, the
291291 8 maximum reduction from the equalized assessed value of the
292292 9 property is limited to the sum of the reductions calculated
293293 10 for each unit occupied as a residence by a person or persons
294294 11 (i) 65 years of age or older, (ii) with a household income that
295295 12 does not exceed the maximum income limitation, (iii) who is
296296 13 liable, by contract with the owner or owners of record, for
297297 14 paying real property taxes on the property, and (iv) who is an
298298 15 owner of record of a legal or equitable interest in the
299299 16 cooperative apartment building, other than a leasehold
300300 17 interest. In the instance of a cooperative where a homestead
301301 18 exemption has been granted under this Section, the cooperative
302302 19 association or its management firm shall credit the savings
303303 20 resulting from that exemption only to the apportioned tax
304304 21 liability of the owner who qualified for the exemption. Any
305305 22 person who willfully refuses to credit that savings to an
306306 23 owner who qualifies for the exemption is guilty of a Class B
307307 24 misdemeanor.
308308 25 When a homestead exemption has been granted under this
309309 26 Section and an applicant then becomes a resident of a facility
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320320 1 licensed under the Assisted Living and Shared Housing Act, the
321321 2 Nursing Home Care Act, the Specialized Mental Health
322322 3 Rehabilitation Act of 2013, the ID/DD Community Care Act, or
323323 4 the MC/DD Act, the exemption shall be granted in subsequent
324324 5 years so long as the residence (i) continues to be occupied by
325325 6 the qualified applicant's spouse or (ii) if remaining
326326 7 unoccupied, is still owned by the qualified applicant for the
327327 8 homestead exemption.
328328 9 Beginning January 1, 1997, when an individual dies who
329329 10 would have qualified for an exemption under this Section, and
330330 11 the surviving spouse does not independently qualify for this
331331 12 exemption because of age, the exemption under this Section
332332 13 shall be granted to the surviving spouse for the taxable year
333333 14 preceding and the taxable year of the death, provided that,
334334 15 except for age, the surviving spouse meets all other
335335 16 qualifications for the granting of this exemption for those
336336 17 years.
337337 18 When married persons maintain separate residences, the
338338 19 exemption provided for in this Section may be claimed by only
339339 20 one of such persons and for only one residence.
340340 21 For taxable year 1994 only, in counties having less than
341341 22 3,000,000 inhabitants, to receive the exemption, a person
342342 23 shall submit an application by February 15, 1995 to the Chief
343343 24 County Assessment Officer of the county in which the property
344344 25 is located. In counties having 3,000,000 or more inhabitants,
345345 26 for taxable year 1994 and all subsequent taxable years, to
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356356 1 receive the exemption, a person may submit an application to
357357 2 the Chief County Assessment Officer of the county in which the
358358 3 property is located during such period as may be specified by
359359 4 the Chief County Assessment Officer. The Chief County
360360 5 Assessment Officer in counties of 3,000,000 or more
361361 6 inhabitants shall annually give notice of the application
362362 7 period by mail or by publication. In counties having less than
363363 8 3,000,000 inhabitants, beginning with taxable year 1995 and
364364 9 thereafter, to receive the exemption, a person shall submit an
365365 10 application by July 1 of each taxable year to the Chief County
366366 11 Assessment Officer of the county in which the property is
367367 12 located. A county may, by ordinance, establish a date for
368368 13 submission of applications that is different than July 1. The
369369 14 applicant shall submit with the application an affidavit of
370370 15 the applicant's total household income, age, marital status
371371 16 (and if married the name and address of the applicant's
372372 17 spouse, if known), and principal dwelling place of members of
373373 18 the household on January 1 of the taxable year. The Department
374374 19 shall establish, by rule, a method for verifying the accuracy
375375 20 of affidavits filed by applicants under this Section, and the
376376 21 Chief County Assessment Officer may conduct audits of any
377377 22 taxpayer claiming an exemption under this Section to verify
378378 23 that the taxpayer is eligible to receive the exemption. Each
379379 24 application shall contain or be verified by a written
380380 25 declaration that it is made under the penalties of perjury. A
381381 26 taxpayer's signing a fraudulent application under this Act is
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392392 1 perjury, as defined in Section 32-2 of the Criminal Code of
393393 2 2012. The applications shall be clearly marked as applications
394394 3 for the Low-Income Senior Citizens Assessment Freeze Homestead
395395 4 Exemption and must contain a notice that any taxpayer who
396396 5 receives the exemption is subject to an audit by the Chief
397397 6 County Assessment Officer.
398398 7 Notwithstanding any other provision to the contrary, in
399399 8 counties having fewer than 3,000,000 inhabitants, if an
400400 9 applicant fails to file the application required by this
401401 10 Section in a timely manner and this failure to file is due to a
402402 11 mental or physical condition sufficiently severe so as to
403403 12 render the applicant incapable of filing the application in a
404404 13 timely manner, the Chief County Assessment Officer may extend
405405 14 the filing deadline for a period of 30 days after the applicant
406406 15 regains the capability to file the application, but in no case
407407 16 may the filing deadline be extended beyond 3 months of the
408408 17 original filing deadline. In order to receive the extension
409409 18 provided in this paragraph, the applicant shall provide the
410410 19 Chief County Assessment Officer with a signed statement from
411411 20 the applicant's physician, advanced practice registered nurse,
412412 21 or physician assistant stating the nature and extent of the
413413 22 condition, that, in the physician's, advanced practice
414414 23 registered nurse's, or physician assistant's opinion, the
415415 24 condition was so severe that it rendered the applicant
416416 25 incapable of filing the application in a timely manner, and
417417 26 the date on which the applicant regained the capability to
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428428 1 file the application.
429429 2 Beginning January 1, 1998, notwithstanding any other
430430 3 provision to the contrary, in counties having fewer than
431431 4 3,000,000 inhabitants, if an applicant fails to file the
432432 5 application required by this Section in a timely manner and
433433 6 this failure to file is due to a mental or physical condition
434434 7 sufficiently severe so as to render the applicant incapable of
435435 8 filing the application in a timely manner, the Chief County
436436 9 Assessment Officer may extend the filing deadline for a period
437437 10 of 3 months. In order to receive the extension provided in this
438438 11 paragraph, the applicant shall provide the Chief County
439439 12 Assessment Officer with a signed statement from the
440440 13 applicant's physician, advanced practice registered nurse, or
441441 14 physician assistant stating the nature and extent of the
442442 15 condition, and that, in the physician's, advanced practice
443443 16 registered nurse's, or physician assistant's opinion, the
444444 17 condition was so severe that it rendered the applicant
445445 18 incapable of filing the application in a timely manner.
446446 19 In counties having less than 3,000,000 inhabitants, if an
447447 20 applicant was denied an exemption in taxable year 1994 and the
448448 21 denial occurred due to an error on the part of an assessment
449449 22 official, or his or her agent or employee, then beginning in
450450 23 taxable year 1997 the applicant's base year, for purposes of
451451 24 determining the amount of the exemption, shall be 1993 rather
452452 25 than 1994. In addition, in taxable year 1997, the applicant's
453453 26 exemption shall also include an amount equal to (i) the amount
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464464 1 of any exemption denied to the applicant in taxable year 1995
465465 2 as a result of using 1994, rather than 1993, as the base year,
466466 3 (ii) the amount of any exemption denied to the applicant in
467467 4 taxable year 1996 as a result of using 1994, rather than 1993,
468468 5 as the base year, and (iii) the amount of the exemption
469469 6 erroneously denied for taxable year 1994.
470470 7 For purposes of this Section, a person who will be 65 years
471471 8 of age during the current taxable year shall be eligible to
472472 9 apply for the homestead exemption during that taxable year.
473473 10 Application shall be made during the application period in
474474 11 effect for the county of his or her residence.
475475 12 The Chief County Assessment Officer may determine the
476476 13 eligibility of a life care facility that qualifies as a
477477 14 cooperative to receive the benefits provided by this Section
478478 15 by use of an affidavit, application, visual inspection,
479479 16 questionnaire, or other reasonable method in order to insure
480480 17 that the tax savings resulting from the exemption are credited
481481 18 by the management firm to the apportioned tax liability of
482482 19 each qualifying resident. The Chief County Assessment Officer
483483 20 may request reasonable proof that the management firm has so
484484 21 credited that exemption.
485485 22 Except as provided in this Section, all information
486486 23 received by the chief county assessment officer or the
487487 24 Department from applications filed under this Section, or from
488488 25 any investigation conducted under the provisions of this
489489 26 Section, shall be confidential, except for official purposes
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500500 1 or pursuant to official procedures for collection of any State
501501 2 or local tax or enforcement of any civil or criminal penalty or
502502 3 sanction imposed by this Act or by any statute or ordinance
503503 4 imposing a State or local tax. Any person who divulges any such
504504 5 information in any manner, except in accordance with a proper
505505 6 judicial order, is guilty of a Class A misdemeanor.
506506 7 Nothing contained in this Section shall prevent the
507507 8 Director or chief county assessment officer from publishing or
508508 9 making available reasonable statistics concerning the
509509 10 operation of the exemption contained in this Section in which
510510 11 the contents of claims are grouped into aggregates in such a
511511 12 way that information contained in any individual claim shall
512512 13 not be disclosed.
513513 14 Notwithstanding any other provision of law, for taxable
514514 15 year 2017 and thereafter, in counties of 3,000,000 or more
515515 16 inhabitants, the amount of the exemption shall be the greater
516516 17 of (i) the amount of the exemption otherwise calculated under
517517 18 this Section or (ii) $2,000.
518518 19 (c-5) Notwithstanding any other provision of law, each
519519 20 chief county assessment officer may approve this exemption for
520520 21 the 2020 taxable year, without application, for any property
521521 22 that was approved for this exemption for the 2019 taxable
522522 23 year, provided that:
523523 24 (1) the county board has declared a local disaster as
524524 25 provided in the Illinois Emergency Management Agency Act
525525 26 related to the COVID-19 public health emergency;
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536536 1 (2) the owner of record of the property as of January
537537 2 1, 2020 is the same as the owner of record of the property
538538 3 as of January 1, 2019;
539539 4 (3) the exemption for the 2019 taxable year has not
540540 5 been determined to be an erroneous exemption as defined by
541541 6 this Code; and
542542 7 (4) the applicant for the 2019 taxable year has not
543543 8 asked for the exemption to be removed for the 2019 or 2020
544544 9 taxable years.
545545 10 Nothing in this subsection shall preclude or impair the
546546 11 authority of a chief county assessment officer to conduct
547547 12 audits of any taxpayer claiming an exemption under this
548548 13 Section to verify that the taxpayer is eligible to receive the
549549 14 exemption as provided elsewhere in this Section.
550550 15 (c-10) Notwithstanding any other provision of law, each
551551 16 chief county assessment officer may approve this exemption for
552552 17 the 2021 taxable year, without application, for any property
553553 18 that was approved for this exemption for the 2020 taxable
554554 19 year, if:
555555 20 (1) the county board has declared a local disaster as
556556 21 provided in the Illinois Emergency Management Agency Act
557557 22 related to the COVID-19 public health emergency;
558558 23 (2) the owner of record of the property as of January
559559 24 1, 2021 is the same as the owner of record of the property
560560 25 as of January 1, 2020;
561561 26 (3) the exemption for the 2020 taxable year has not
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572572 1 been determined to be an erroneous exemption as defined by
573573 2 this Code; and
574574 3 (4) the taxpayer for the 2020 taxable year has not
575575 4 asked for the exemption to be removed for the 2020 or 2021
576576 5 taxable years.
577577 6 Nothing in this subsection shall preclude or impair the
578578 7 authority of a chief county assessment officer to conduct
579579 8 audits of any taxpayer claiming an exemption under this
580580 9 Section to verify that the taxpayer is eligible to receive the
581581 10 exemption as provided elsewhere in this Section.
582582 11 (d) Each Chief County Assessment Officer shall annually
583583 12 publish a notice of availability of the exemption provided
584584 13 under this Section. The notice shall be published at least 60
585585 14 days but no more than 75 days prior to the date on which the
586586 15 application must be submitted to the Chief County Assessment
587587 16 Officer of the county in which the property is located. The
588588 17 notice shall appear in a newspaper of general circulation in
589589 18 the county.
590590 19 Notwithstanding Sections 6 and 8 of the State Mandates
591591 20 Act, no reimbursement by the State is required for the
592592 21 implementation of any mandate created by this Section.
593593 22 (Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21;
594594 23 102-895, eff. 5-23-22.)
595595 24 Section 99. Effective date. This Act takes effect upon
596596 25 becoming law.
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