Illinois 2023 2023-2024 Regular Session

Illinois Senate Bill SB2703 Introduced / Bill

Filed 01/10/2024

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2703 Introduced 1/10/2024, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: 35 ILCS 200/10-4035 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 these changes are declarative of existing law. LRB103 36566 HLH 66673 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2703 Introduced 1/10/2024, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:  35 ILCS 200/10-4035 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 these changes are declarative of existing law.  LRB103 36566 HLH 66673 b     LRB103 36566 HLH 66673 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2703 Introduced 1/10/2024, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
35 ILCS 200/10-4035 ILCS 200/10-50 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 these changes are declarative of existing law.
LRB103 36566 HLH 66673 b     LRB103 36566 HLH 66673 b
    LRB103 36566 HLH 66673 b
A BILL FOR
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1  AN ACT concerning revenue.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Property Tax Code is amended by changing
5  Sections 10-40 and 10-50 as follows:
6  (35 ILCS 200/10-40)
7  Sec. 10-40. Historic Residence Assessment Freeze Law;
8  definitions. This Section and Sections 10-45 through 10-85 may
9  be cited as the Historic Residence Assessment Freeze Law. As
10  used in this Section and Sections 10-45 through 10-85:
11  (a) "Director" means the Director of Historic
12  Preservation.
13  (b) "Approved county or municipal landmark ordinance"
14  means a county or municipal ordinance approved by the
15  Director.
16  (c) "Historic building" means an owner-occupied single
17  family residence or an owner-occupied multi-family
18  residence and the tract, lot or parcel upon which it is
19  located, or a building or buildings owned and operated as
20  a cooperative, if:
21  (1) individually listed on the National Register
22  of Historic Places or the Illinois Register of
23  Historic Places;

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2703 Introduced 1/10/2024, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
35 ILCS 200/10-4035 ILCS 200/10-50 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 these changes are declarative of existing law.
LRB103 36566 HLH 66673 b     LRB103 36566 HLH 66673 b
    LRB103 36566 HLH 66673 b
A BILL FOR

 

 

35 ILCS 200/10-40
35 ILCS 200/10-50



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1  (2) individually designated pursuant to an
2  approved county or municipal landmark ordinance; or
3  (3) within a district listed on the National
4  Register of Historic Places or designated pursuant to
5  an approved county or municipal landmark ordinance, if
6  the Director determines that the building is of
7  historic significance to the district in which it is
8  located.
9  Historic building does not mean an individual unit of a
10  cooperative.
11  (d) "Assessment officer" means the chief county
12  assessment officer.
13  (e) "Certificate of rehabilitation" means the
14  certificate issued by the Director upon the renovation,
15  restoration, preservation or rehabilitation of an historic
16  building under this Code.
17  (f) "Rehabilitation period" means the period of time
18  necessary to renovate, restore, preserve or rehabilitate
19  an historic building as determined by the Director.
20  (g) "Standards for rehabilitation" means the Secretary
21  of Interior's standards for rehabilitation as promulgated
22  by the U.S. Department of the Interior.
23  (h) "Fair cash value" means the fair cash value of the
24  historic building, as finally determined for that year by
25  the assessment officer, board of review, Property Tax
26  Appeal Board, or court on the basis of the assessment

 

 

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1  officer's property record card, representing the value of
2  the property prior to the commencement of rehabilitation
3  without consideration of any reduction reflecting value
4  during the rehabilitation work. The changes made to this
5  Section by this amendatory Act of the 103rd General
6  Assembly are declarative of existing law and shall not be
7  construed as a new enactment.
8  (i) "Base year valuation" means the fair cash value of
9  the historic building for the year in which the
10  rehabilitation period begins but prior to the commencement
11  of the rehabilitation and does not include any reduction
12  in value during the rehabilitation work.
13  (j) "Adjustment in value" means the difference for any
14  year between the then current fair cash value and the base
15  year valuation.
16  (k) "Eight-year valuation period" means the 8 years
17  from the date of the issuance of the certificate of
18  rehabilitation.
19  (l) "Adjustment valuation period" means the 4 years
20  following the 8 year valuation period.
21  (m) "Substantial rehabilitation" means interior or
22  exterior rehabilitation work that preserves the historic
23  building in a manner that significantly improves its
24  condition.
25  (n) "Approved local government" means a local
26  government that has been certified by the Director as:

 

 

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1  (1) enforcing appropriate legislation for the
2  designation of historic buildings;
3  (2) having established an adequate and qualified
4  historic review commission;
5  (3) maintaining a system for the survey and
6  inventory of historic properties;
7  (4) providing for adequate public participation in
8  the local historic preservation program; and
9  (5) maintaining a system for reviewing
10  applications under this Section in accordance with
11  rules and regulations promulgated by the Director.
12  (o) "Cooperative" means a building or buildings and
13  the tract, lot, or parcel on which the building or
14  buildings are located, if the building or buildings are
15  devoted to residential uses by the owners and fee title to
16  the land and building or buildings is owned by a
17  corporation or other legal entity in which the
18  shareholders or other co-owners each also have a long-term
19  proprietary lease or other long-term arrangement of
20  exclusive possession for a specific unit of occupancy
21  space located within the same building or buildings.
22  (p) "Owner", in the case of a cooperative, means the
23  Association.
24  (q) "Association", in the case of a cooperative, means
25  the entity responsible for the administration of a
26  cooperative, which entity may be incorporated or

 

 

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1  unincorporated, profit or nonprofit.
2  (r) "Owner-occupied single family residence" means a
3  residence in which the title holder of record (i) holds
4  fee simple ownership and (ii) occupies the property as
5  his, her, or their principal residence.
6  (s) "Owner-occupied multi-family residence" means
7  residential property comprised of not more than 6 living
8  units in which the title holder of record (i) holds fee
9  simple ownership and (ii) occupies one unit as his, her,
10  or their principal residence. The remaining units may be
11  leased.
12  The changes made to this Section by this amendatory Act of
13  the 91st General Assembly are declarative of existing law and
14  shall not be construed as a new enactment.
15  (Source: P.A. 90-114, eff. 1-1-98; 91-806, eff. 1-1-01.)
16  (35 ILCS 200/10-50)
17  Sec. 10-50. Valuation after 8 year valuation period.
18  (a) For the 4 years after the expiration of the 8-year
19  valuation period, the valuation for purposes of computing the
20  assessed valuation shall not exceed the following be as
21  follows:
22  For the first year, the base year valuation plus 25%
23  of the adjustment in value.
24  For the second year, the base year valuation plus 50%
25  of the adjustment in value.

 

 

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