Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2030 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2030 Introduced 2/9/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-172 320 ILCS 30/2 from Ch. 67 1/2, par. 452 Amends the Property Tax Code. Provides that, for taxable year 2023, the maximum income limitation for the low-income senior citizens assessment freeze homestead exemption is (i) $75,000 for qualified property in a county with 3,000,000 or more inhabitants and (ii) $65,000 for qualified property located in a county with fewer than 3,000,000 inhabitants. Provides that, for taxable years 2024 and thereafter, the maximum income limitation for the low-income senior citizens assessment freeze homestead exemption is $75,000 for all qualified property. Amends the Senior Citizens Real Estate Tax Deferral Act. Provides that the maximum household income under the Act is $75,000 for tax years 2023 and thereafter. Effective immediately. LRB103 26395 HLH 52758 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2030 Introduced 2/9/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-172 320 ILCS 30/2 from Ch. 67 1/2, par. 452 35 ILCS 200/15-172 320 ILCS 30/2 from Ch. 67 1/2, par. 452 Amends the Property Tax Code. Provides that, for taxable year 2023, the maximum income limitation for the low-income senior citizens assessment freeze homestead exemption is (i) $75,000 for qualified property in a county with 3,000,000 or more inhabitants and (ii) $65,000 for qualified property located in a county with fewer than 3,000,000 inhabitants. Provides that, for taxable years 2024 and thereafter, the maximum income limitation for the low-income senior citizens assessment freeze homestead exemption is $75,000 for all qualified property. Amends the Senior Citizens Real Estate Tax Deferral Act. Provides that the maximum household income under the Act is $75,000 for tax years 2023 and thereafter. Effective immediately. LRB103 26395 HLH 52758 b LRB103 26395 HLH 52758 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2030 Introduced 2/9/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
33 35 ILCS 200/15-172 320 ILCS 30/2 from Ch. 67 1/2, par. 452 35 ILCS 200/15-172 320 ILCS 30/2 from Ch. 67 1/2, par. 452
44 35 ILCS 200/15-172
55 320 ILCS 30/2 from Ch. 67 1/2, par. 452
66 Amends the Property Tax Code. Provides that, for taxable year 2023, the maximum income limitation for the low-income senior citizens assessment freeze homestead exemption is (i) $75,000 for qualified property in a county with 3,000,000 or more inhabitants and (ii) $65,000 for qualified property located in a county with fewer than 3,000,000 inhabitants. Provides that, for taxable years 2024 and thereafter, the maximum income limitation for the low-income senior citizens assessment freeze homestead exemption is $75,000 for all qualified property. Amends the Senior Citizens Real Estate Tax Deferral Act. Provides that the maximum household income under the Act is $75,000 for tax years 2023 and thereafter. Effective immediately.
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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 Section 15-172 as follows:
1717 6 (35 ILCS 200/15-172)
1818 7 Sec. 15-172. Low-Income Senior Citizens Assessment Freeze
1919 8 Homestead Exemption.
2020 9 (a) This Section may be cited as the Low-Income Senior
2121 10 Citizens Assessment Freeze Homestead Exemption.
2222 11 (b) As used in this Section:
2323 12 "Applicant" means an individual who has filed an
2424 13 application under this Section.
2525 14 "Base amount" means the base year equalized assessed value
2626 15 of the residence plus the first year's equalized assessed
2727 16 value of any added improvements which increased the assessed
2828 17 value of the residence after the base year.
2929 18 "Base year" means the taxable year prior to the taxable
3030 19 year for which the applicant first qualifies and applies for
3131 20 the exemption provided that in the prior taxable year the
3232 21 property was improved with a permanent structure that was
3333 22 occupied as a residence by the applicant who was liable for
3434 23 paying real property taxes on the property and who was either
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2030 Introduced 2/9/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
3939 35 ILCS 200/15-172 320 ILCS 30/2 from Ch. 67 1/2, par. 452 35 ILCS 200/15-172 320 ILCS 30/2 from Ch. 67 1/2, par. 452
4040 35 ILCS 200/15-172
4141 320 ILCS 30/2 from Ch. 67 1/2, par. 452
4242 Amends the Property Tax Code. Provides that, for taxable year 2023, the maximum income limitation for the low-income senior citizens assessment freeze homestead exemption is (i) $75,000 for qualified property in a county with 3,000,000 or more inhabitants and (ii) $65,000 for qualified property located in a county with fewer than 3,000,000 inhabitants. Provides that, for taxable years 2024 and thereafter, the maximum income limitation for the low-income senior citizens assessment freeze homestead exemption is $75,000 for all qualified property. Amends the Senior Citizens Real Estate Tax Deferral Act. Provides that the maximum household income under the Act is $75,000 for tax years 2023 and thereafter. Effective immediately.
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4545 A BILL FOR
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7171 1 (i) an owner of record of the property or had legal or
7272 2 equitable interest in the property as evidenced by a written
7373 3 instrument or (ii) had a legal or equitable interest as a
7474 4 lessee in the parcel of property that was single family
7575 5 residence. If in any subsequent taxable year for which the
7676 6 applicant applies and qualifies for the exemption the
7777 7 equalized assessed value of the residence is less than the
7878 8 equalized assessed value in the existing base year (provided
7979 9 that such equalized assessed value is not based on an assessed
8080 10 value that results from a temporary irregularity in the
8181 11 property that reduces the assessed value for one or more
8282 12 taxable years), then that subsequent taxable year shall become
8383 13 the base year until a new base year is established under the
8484 14 terms of this paragraph. For taxable year 1999 only, the Chief
8585 15 County Assessment Officer shall review (i) all taxable years
8686 16 for which the applicant applied and qualified for the
8787 17 exemption and (ii) the existing base year. The assessment
8888 18 officer shall select as the new base year the year with the
8989 19 lowest equalized assessed value. An equalized assessed value
9090 20 that is based on an assessed value that results from a
9191 21 temporary irregularity in the property that reduces the
9292 22 assessed value for one or more taxable years shall not be
9393 23 considered the lowest equalized assessed value. The selected
9494 24 year shall be the base year for taxable year 1999 and
9595 25 thereafter until a new base year is established under the
9696 26 terms of this paragraph.
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107107 1 "Chief County Assessment Officer" means the County
108108 2 Assessor or Supervisor of Assessments of the county in which
109109 3 the property is located.
110110 4 "Equalized assessed value" means the assessed value as
111111 5 equalized by the Illinois Department of Revenue.
112112 6 "Household" means the applicant, the spouse of the
113113 7 applicant, and all persons using the residence of the
114114 8 applicant as their principal place of residence.
115115 9 "Household income" means the combined income of the
116116 10 members of a household for the calendar year preceding the
117117 11 taxable year.
118118 12 "Income" has the same meaning as provided in Section 3.07
119119 13 of the Senior Citizens and Persons with Disabilities Property
120120 14 Tax Relief Act, except that, beginning in assessment year
121121 15 2001, "income" does not include veteran's benefits.
122122 16 "Internal Revenue Code of 1986" means the United States
123123 17 Internal Revenue Code of 1986 or any successor law or laws
124124 18 relating to federal income taxes in effect for the year
125125 19 preceding the taxable year.
126126 20 "Life care facility that qualifies as a cooperative" means
127127 21 a facility as defined in Section 2 of the Life Care Facilities
128128 22 Act.
129129 23 "Maximum income limitation" means:
130130 24 (1) $35,000 prior to taxable year 1999;
131131 25 (2) $40,000 in taxable years 1999 through 2003;
132132 26 (3) $45,000 in taxable years 2004 through 2005;
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143143 1 (4) $50,000 in taxable years 2006 and 2007;
144144 2 (5) $55,000 in taxable years 2008 through 2016;
145145 3 (6) for taxable year 2017, (i) $65,000 for qualified
146146 4 property located in a county with 3,000,000 or more
147147 5 inhabitants and (ii) $55,000 for qualified property
148148 6 located in a county with fewer than 3,000,000 inhabitants;
149149 7 and
150150 8 (7) for taxable years 2018 through 2022 and
151151 9 thereafter, $65,000 for all qualified property; .
152152 10 (8) for taxable year 2023, (i) $75,000 for qualified
153153 11 property in a county with 3,000,000 or more inhabitants
154154 12 and (ii) $65,000 for qualified property located in a
155155 13 county with fewer than 3,000,000 inhabitants; and
156156 14 (9) for taxable years 2024 and thereafter, $75,000 for
157157 15 all qualified property.
158158 16 As an alternative income valuation, a homeowner who is
159159 17 enrolled in any of the following programs may be presumed to
160160 18 have household income that does not exceed the maximum income
161161 19 limitation for that tax year as required by this Section: Aid
162162 20 to the Aged, Blind or Disabled (AABD) Program or the
163163 21 Supplemental Nutrition Assistance Program (SNAP), both of
164164 22 which are administered by the Department of Human Services;
165165 23 the Low Income Home Energy Assistance Program (LIHEAP), which
166166 24 is administered by the Department of Commerce and Economic
167167 25 Opportunity; The Benefit Access program, which is administered
168168 26 by the Department on Aging; and the Senior Citizens Real
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179179 1 Estate Tax Deferral Program.
180180 2 A chief county assessment officer may indicate that he or
181181 3 she has verified an applicant's income eligibility for this
182182 4 exemption but may not report which program or programs, if
183183 5 any, enroll the applicant. Release of personal information
184184 6 submitted pursuant to this Section shall be deemed an
185185 7 unwarranted invasion of personal privacy under the Freedom of
186186 8 Information Act.
187187 9 "Residence" means the principal dwelling place and
188188 10 appurtenant structures used for residential purposes in this
189189 11 State occupied on January 1 of the taxable year by a household
190190 12 and so much of the surrounding land, constituting the parcel
191191 13 upon which the dwelling place is situated, as is used for
192192 14 residential purposes. If the Chief County Assessment Officer
193193 15 has established a specific legal description for a portion of
194194 16 property constituting the residence, then that portion of
195195 17 property shall be deemed the residence for the purposes of
196196 18 this Section.
197197 19 "Taxable year" means the calendar year during which ad
198198 20 valorem property taxes payable in the next succeeding year are
199199 21 levied.
200200 22 (c) Beginning in taxable year 1994, a low-income senior
201201 23 citizens assessment freeze homestead exemption is granted for
202202 24 real property that is improved with a permanent structure that
203203 25 is occupied as a residence by an applicant who (i) is 65 years
204204 26 of age or older during the taxable year, (ii) has a household
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215215 1 income that does not exceed the maximum income limitation,
216216 2 (iii) is liable for paying real property taxes on the
217217 3 property, and (iv) is an owner of record of the property or has
218218 4 a legal or equitable interest in the property as evidenced by a
219219 5 written instrument. This homestead exemption shall also apply
220220 6 to a leasehold interest in a parcel of property improved with a
221221 7 permanent structure that is a single family residence that is
222222 8 occupied as a residence by a person who (i) is 65 years of age
223223 9 or older during the taxable year, (ii) has a household income
224224 10 that does not exceed the maximum income limitation, (iii) has
225225 11 a legal or equitable ownership interest in the property as
226226 12 lessee, and (iv) is liable for the payment of real property
227227 13 taxes on that property.
228228 14 In counties of 3,000,000 or more inhabitants, the amount
229229 15 of the exemption for all taxable years is the equalized
230230 16 assessed value of the residence in the taxable year for which
231231 17 application is made minus the base amount. In all other
232232 18 counties, the amount of the exemption is as follows: (i)
233233 19 through taxable year 2005 and for taxable year 2007 and
234234 20 thereafter, the amount of this exemption shall be the
235235 21 equalized assessed value of the residence in the taxable year
236236 22 for which application is made minus the base amount; and (ii)
237237 23 for taxable year 2006, the amount of the exemption is as
238238 24 follows:
239239 25 (1) For an applicant who has a household income of
240240 26 $45,000 or less, the amount of the exemption is the
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251251 1 equalized assessed value of the residence in the taxable
252252 2 year for which application is made minus the base amount.
253253 3 (2) For an applicant who has a household income
254254 4 exceeding $45,000 but not exceeding $46,250, the amount of
255255 5 the exemption is (i) the equalized assessed value of the
256256 6 residence in the taxable year for which application is
257257 7 made minus the base amount (ii) multiplied by 0.8.
258258 8 (3) For an applicant who has a household income
259259 9 exceeding $46,250 but not exceeding $47,500, the amount of
260260 10 the exemption is (i) the equalized assessed value of the
261261 11 residence in the taxable year for which application is
262262 12 made minus the base amount (ii) multiplied by 0.6.
263263 13 (4) For an applicant who has a household income
264264 14 exceeding $47,500 but not exceeding $48,750, the amount of
265265 15 the exemption is (i) the equalized assessed value of the
266266 16 residence in the taxable year for which application is
267267 17 made minus the base amount (ii) multiplied by 0.4.
268268 18 (5) For an applicant who has a household income
269269 19 exceeding $48,750 but not exceeding $50,000, the amount of
270270 20 the exemption is (i) the equalized assessed value of the
271271 21 residence in the taxable year for which application is
272272 22 made minus the base amount (ii) multiplied by 0.2.
273273 23 When the applicant is a surviving spouse of an applicant
274274 24 for a prior year for the same residence for which an exemption
275275 25 under this Section has been granted, the base year and base
276276 26 amount for that residence are the same as for the applicant for
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287287 1 the prior year.
288288 2 Each year at the time the assessment books are certified
289289 3 to the County Clerk, the Board of Review or Board of Appeals
290290 4 shall give to the County Clerk a list of the assessed values of
291291 5 improvements on each parcel qualifying for this exemption that
292292 6 were added after the base year for this parcel and that
293293 7 increased the assessed value of the property.
294294 8 In the case of land improved with an apartment building
295295 9 owned and operated as a cooperative or a building that is a
296296 10 life care facility that qualifies as a cooperative, the
297297 11 maximum reduction from the equalized assessed value of the
298298 12 property is limited to the sum of the reductions calculated
299299 13 for each unit occupied as a residence by a person or persons
300300 14 (i) 65 years of age or older, (ii) with a household income that
301301 15 does not exceed the maximum income limitation, (iii) who is
302302 16 liable, by contract with the owner or owners of record, for
303303 17 paying real property taxes on the property, and (iv) who is an
304304 18 owner of record of a legal or equitable interest in the
305305 19 cooperative apartment building, other than a leasehold
306306 20 interest. In the instance of a cooperative where a homestead
307307 21 exemption has been granted under this Section, the cooperative
308308 22 association or its management firm shall credit the savings
309309 23 resulting from that exemption only to the apportioned tax
310310 24 liability of the owner who qualified for the exemption. Any
311311 25 person who willfully refuses to credit that savings to an
312312 26 owner who qualifies for the exemption is guilty of a Class B
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323323 1 misdemeanor.
324324 2 When a homestead exemption has been granted under this
325325 3 Section and an applicant then becomes a resident of a facility
326326 4 licensed under the Assisted Living and Shared Housing Act, the
327327 5 Nursing Home Care Act, the Specialized Mental Health
328328 6 Rehabilitation Act of 2013, the ID/DD Community Care Act, or
329329 7 the MC/DD Act, the exemption shall be granted in subsequent
330330 8 years so long as the residence (i) continues to be occupied by
331331 9 the qualified applicant's spouse or (ii) if remaining
332332 10 unoccupied, is still owned by the qualified applicant for the
333333 11 homestead exemption.
334334 12 Beginning January 1, 1997, when an individual dies who
335335 13 would have qualified for an exemption under this Section, and
336336 14 the surviving spouse does not independently qualify for this
337337 15 exemption because of age, the exemption under this Section
338338 16 shall be granted to the surviving spouse for the taxable year
339339 17 preceding and the taxable year of the death, provided that,
340340 18 except for age, the surviving spouse meets all other
341341 19 qualifications for the granting of this exemption for those
342342 20 years.
343343 21 When married persons maintain separate residences, the
344344 22 exemption provided for in this Section may be claimed by only
345345 23 one of such persons and for only one residence.
346346 24 For taxable year 1994 only, in counties having less than
347347 25 3,000,000 inhabitants, to receive the exemption, a person
348348 26 shall submit an application by February 15, 1995 to the Chief
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359359 1 County Assessment Officer of the county in which the property
360360 2 is located. In counties having 3,000,000 or more inhabitants,
361361 3 for taxable year 1994 and all subsequent taxable years, to
362362 4 receive the exemption, a person may submit an application to
363363 5 the Chief County Assessment Officer of the county in which the
364364 6 property is located during such period as may be specified by
365365 7 the Chief County Assessment Officer. The Chief County
366366 8 Assessment Officer in counties of 3,000,000 or more
367367 9 inhabitants shall annually give notice of the application
368368 10 period by mail or by publication. In counties having less than
369369 11 3,000,000 inhabitants, beginning with taxable year 1995 and
370370 12 thereafter, to receive the exemption, a person shall submit an
371371 13 application by July 1 of each taxable year to the Chief County
372372 14 Assessment Officer of the county in which the property is
373373 15 located. A county may, by ordinance, establish a date for
374374 16 submission of applications that is different than July 1. The
375375 17 applicant shall submit with the application an affidavit of
376376 18 the applicant's total household income, age, marital status
377377 19 (and if married the name and address of the applicant's
378378 20 spouse, if known), and principal dwelling place of members of
379379 21 the household on January 1 of the taxable year. The Department
380380 22 shall establish, by rule, a method for verifying the accuracy
381381 23 of affidavits filed by applicants under this Section, and the
382382 24 Chief County Assessment Officer may conduct audits of any
383383 25 taxpayer claiming an exemption under this Section to verify
384384 26 that the taxpayer is eligible to receive the exemption. Each
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395395 1 application shall contain or be verified by a written
396396 2 declaration that it is made under the penalties of perjury. A
397397 3 taxpayer's signing a fraudulent application under this Act is
398398 4 perjury, as defined in Section 32-2 of the Criminal Code of
399399 5 2012. The applications shall be clearly marked as applications
400400 6 for the Low-Income Senior Citizens Assessment Freeze Homestead
401401 7 Exemption and must contain a notice that any taxpayer who
402402 8 receives the exemption is subject to an audit by the Chief
403403 9 County Assessment Officer.
404404 10 Notwithstanding any other provision to the contrary, in
405405 11 counties having fewer than 3,000,000 inhabitants, if an
406406 12 applicant fails to file the application required by this
407407 13 Section in a timely manner and this failure to file is due to a
408408 14 mental or physical condition sufficiently severe so as to
409409 15 render the applicant incapable of filing the application in a
410410 16 timely manner, the Chief County Assessment Officer may extend
411411 17 the filing deadline for a period of 30 days after the applicant
412412 18 regains the capability to file the application, but in no case
413413 19 may the filing deadline be extended beyond 3 months of the
414414 20 original filing deadline. In order to receive the extension
415415 21 provided in this paragraph, the applicant shall provide the
416416 22 Chief County Assessment Officer with a signed statement from
417417 23 the applicant's physician, advanced practice registered nurse,
418418 24 or physician assistant stating the nature and extent of the
419419 25 condition, that, in the physician's, advanced practice
420420 26 registered nurse's, or physician assistant's opinion, the
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431431 1 condition was so severe that it rendered the applicant
432432 2 incapable of filing the application in a timely manner, and
433433 3 the date on which the applicant regained the capability to
434434 4 file the application.
435435 5 Beginning January 1, 1998, notwithstanding any other
436436 6 provision to the contrary, in counties having fewer than
437437 7 3,000,000 inhabitants, if an applicant fails to file the
438438 8 application required by this Section in a timely manner and
439439 9 this failure to file is due to a mental or physical condition
440440 10 sufficiently severe so as to render the applicant incapable of
441441 11 filing the application in a timely manner, the Chief County
442442 12 Assessment Officer may extend the filing deadline for a period
443443 13 of 3 months. In order to receive the extension provided in this
444444 14 paragraph, the applicant shall provide the Chief County
445445 15 Assessment Officer with a signed statement from the
446446 16 applicant's physician, advanced practice registered nurse, or
447447 17 physician assistant stating the nature and extent of the
448448 18 condition, and that, in the physician's, advanced practice
449449 19 registered nurse's, or physician assistant's opinion, the
450450 20 condition was so severe that it rendered the applicant
451451 21 incapable of filing the application in a timely manner.
452452 22 In counties having less than 3,000,000 inhabitants, if an
453453 23 applicant was denied an exemption in taxable year 1994 and the
454454 24 denial occurred due to an error on the part of an assessment
455455 25 official, or his or her agent or employee, then beginning in
456456 26 taxable year 1997 the applicant's base year, for purposes of
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467467 1 determining the amount of the exemption, shall be 1993 rather
468468 2 than 1994. In addition, in taxable year 1997, the applicant's
469469 3 exemption shall also include an amount equal to (i) the amount
470470 4 of any exemption denied to the applicant in taxable year 1995
471471 5 as a result of using 1994, rather than 1993, as the base year,
472472 6 (ii) the amount of any exemption denied to the applicant in
473473 7 taxable year 1996 as a result of using 1994, rather than 1993,
474474 8 as the base year, and (iii) the amount of the exemption
475475 9 erroneously denied for taxable year 1994.
476476 10 For purposes of this Section, a person who will be 65 years
477477 11 of age during the current taxable year shall be eligible to
478478 12 apply for the homestead exemption during that taxable year.
479479 13 Application shall be made during the application period in
480480 14 effect for the county of his or her residence.
481481 15 The Chief County Assessment Officer may determine the
482482 16 eligibility of a life care facility that qualifies as a
483483 17 cooperative to receive the benefits provided by this Section
484484 18 by use of an affidavit, application, visual inspection,
485485 19 questionnaire, or other reasonable method in order to insure
486486 20 that the tax savings resulting from the exemption are credited
487487 21 by the management firm to the apportioned tax liability of
488488 22 each qualifying resident. The Chief County Assessment Officer
489489 23 may request reasonable proof that the management firm has so
490490 24 credited that exemption.
491491 25 Except as provided in this Section, all information
492492 26 received by the chief county assessment officer or the
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503503 1 Department from applications filed under this Section, or from
504504 2 any investigation conducted under the provisions of this
505505 3 Section, shall be confidential, except for official purposes
506506 4 or pursuant to official procedures for collection of any State
507507 5 or local tax or enforcement of any civil or criminal penalty or
508508 6 sanction imposed by this Act or by any statute or ordinance
509509 7 imposing a State or local tax. Any person who divulges any such
510510 8 information in any manner, except in accordance with a proper
511511 9 judicial order, is guilty of a Class A misdemeanor.
512512 10 Nothing contained in this Section shall prevent the
513513 11 Director or chief county assessment officer from publishing or
514514 12 making available reasonable statistics concerning the
515515 13 operation of the exemption contained in this Section in which
516516 14 the contents of claims are grouped into aggregates in such a
517517 15 way that information contained in any individual claim shall
518518 16 not be disclosed.
519519 17 Notwithstanding any other provision of law, for taxable
520520 18 year 2017 and thereafter, in counties of 3,000,000 or more
521521 19 inhabitants, the amount of the exemption shall be the greater
522522 20 of (i) the amount of the exemption otherwise calculated under
523523 21 this Section or (ii) $2,000.
524524 22 (c-5) Notwithstanding any other provision of law, each
525525 23 chief county assessment officer may approve this exemption for
526526 24 the 2020 taxable year, without application, for any property
527527 25 that was approved for this exemption for the 2019 taxable
528528 26 year, provided that:
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539539 1 (1) the county board has declared a local disaster as
540540 2 provided in the Illinois Emergency Management Agency Act
541541 3 related to the COVID-19 public health emergency;
542542 4 (2) the owner of record of the property as of January
543543 5 1, 2020 is the same as the owner of record of the property
544544 6 as of January 1, 2019;
545545 7 (3) the exemption for the 2019 taxable year has not
546546 8 been determined to be an erroneous exemption as defined by
547547 9 this Code; and
548548 10 (4) the applicant for the 2019 taxable year has not
549549 11 asked for the exemption to be removed for the 2019 or 2020
550550 12 taxable years.
551551 13 Nothing in this subsection shall preclude or impair the
552552 14 authority of a chief county assessment officer to conduct
553553 15 audits of any taxpayer claiming an exemption under this
554554 16 Section to verify that the taxpayer is eligible to receive the
555555 17 exemption as provided elsewhere in this Section.
556556 18 (c-10) Notwithstanding any other provision of law, each
557557 19 chief county assessment officer may approve this exemption for
558558 20 the 2021 taxable year, without application, for any property
559559 21 that was approved for this exemption for the 2020 taxable
560560 22 year, if:
561561 23 (1) the county board has declared a local disaster as
562562 24 provided in the Illinois Emergency Management Agency Act
563563 25 related to the COVID-19 public health emergency;
564564 26 (2) the owner of record of the property as of January
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575575 1 1, 2021 is the same as the owner of record of the property
576576 2 as of January 1, 2020;
577577 3 (3) the exemption for the 2020 taxable year has not
578578 4 been determined to be an erroneous exemption as defined by
579579 5 this Code; and
580580 6 (4) the taxpayer for the 2020 taxable year has not
581581 7 asked for the exemption to be removed for the 2020 or 2021
582582 8 taxable years.
583583 9 Nothing in this subsection shall preclude or impair the
584584 10 authority of a chief county assessment officer to conduct
585585 11 audits of any taxpayer claiming an exemption under this
586586 12 Section to verify that the taxpayer is eligible to receive the
587587 13 exemption as provided elsewhere in this Section.
588588 14 (d) Each Chief County Assessment Officer shall annually
589589 15 publish a notice of availability of the exemption provided
590590 16 under this Section. The notice shall be published at least 60
591591 17 days but no more than 75 days prior to the date on which the
592592 18 application must be submitted to the Chief County Assessment
593593 19 Officer of the county in which the property is located. The
594594 20 notice shall appear in a newspaper of general circulation in
595595 21 the county.
596596 22 Notwithstanding Sections 6 and 8 of the State Mandates
597597 23 Act, no reimbursement by the State is required for the
598598 24 implementation of any mandate created by this Section.
599599 25 (Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21;
600600 26 102-895, eff. 5-23-22.)
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611611 1 Section 10. The Senior Citizens Real Estate Tax Deferral
612612 2 Act is amended by changing Section 2 as follows:
613613 3 (320 ILCS 30/2) (from Ch. 67 1/2, par. 452)
614614 4 Sec. 2. Definitions. As used in this Act:
615615 5 (a) "Taxpayer" means an individual whose household income
616616 6 for the year is no greater than: (i) $40,000 through tax year
617617 7 2005; (ii) $50,000 for tax years 2006 through 2011; (iii)
618618 8 $55,000 for tax years 2012 through 2021; (iv) $65,000 for tax
619619 9 year years 2022 through 2025; and (v) $75,000 $55,000 for tax
620620 10 year 2023 2026 and thereafter.
621621 11 (b) "Tax deferred property" means the property upon which
622622 12 real estate taxes are deferred under this Act.
623623 13 (c) "Homestead" means the land and buildings thereon,
624624 14 including a condominium or a dwelling unit in a multidwelling
625625 15 building that is owned and operated as a cooperative, occupied
626626 16 by the taxpayer as his residence or which are temporarily
627627 17 unoccupied by the taxpayer because such taxpayer is
628628 18 temporarily residing, for not more than 1 year, in a licensed
629629 19 facility as defined in Section 1-113 of the Nursing Home Care
630630 20 Act.
631631 21 (d) "Real estate taxes" or "taxes" means the taxes on real
632632 22 property for which the taxpayer would be liable under the
633633 23 Property Tax Code, including special service area taxes, and
634634 24 special assessments on benefited real property for which the
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645645 1 taxpayer would be liable to a unit of local government.
646646 2 (e) "Department" means the Department of Revenue.
647647 3 (f) "Qualifying property" means a homestead which (a) the
648648 4 taxpayer or the taxpayer and his spouse own in fee simple or
649649 5 are purchasing in fee simple under a recorded instrument of
650650 6 sale, (b) is not income-producing property, (c) is not subject
651651 7 to a lien for unpaid real estate taxes when a claim under this
652652 8 Act is filed, and (d) is not held in trust, other than an
653653 9 Illinois land trust with the taxpayer identified as the sole
654654 10 beneficiary, if the taxpayer is filing for the program for the
655655 11 first time effective as of the January 1, 2011 assessment year
656656 12 or tax year 2012 and thereafter.
657657 13 (g) "Equity interest" means the current assessed valuation
658658 14 of the qualified property times the fraction necessary to
659659 15 convert that figure to full market value minus any outstanding
660660 16 debts or liens on that property. In the case of qualifying
661661 17 property not having a separate assessed valuation, the
662662 18 appraised value as determined by a qualified real estate
663663 19 appraiser shall be used instead of the current assessed
664664 20 valuation.
665665 21 (h) "Household income" has the meaning ascribed to that
666666 22 term in the Senior Citizens and Persons with Disabilities
667667 23 Property Tax Relief Act.
668668 24 (i) "Collector" means the county collector or, if the
669669 25 taxes to be deferred are special assessments, an official
670670 26 designated by a unit of local government to collect special
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681681 1 assessments.
682682 2 (Source: P.A. 102-644, eff. 8-27-21.)
683683 3 Section 99. Effective date. This Act takes effect upon
684684 4 becoming law.
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