1 | 1 | | 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1092 Introduced , by Rep. Jed Davis SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-172 Amends the Property Tax Code. Provides that, for taxable years 2026 and thereafter, the maximum income limitation for the Low-Income Senior Citizens Assessment Freeze Homestead Exemption is $85,000 for all qualified property. Effective immediately. LRB104 04196 HLH 14220 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1092 Introduced , 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 taxable years 2026 and thereafter, the maximum income limitation for the Low-Income Senior Citizens Assessment Freeze Homestead Exemption is $85,000 for all qualified property. Effective immediately. LRB104 04196 HLH 14220 b LRB104 04196 HLH 14220 b A BILL FOR |
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2 | 2 | | 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1092 Introduced , by Rep. Jed Davis SYNOPSIS AS INTRODUCED: |
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3 | 3 | | 35 ILCS 200/15-172 35 ILCS 200/15-172 |
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4 | 4 | | 35 ILCS 200/15-172 |
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5 | 5 | | Amends the Property Tax Code. Provides that, for taxable years 2026 and thereafter, the maximum income limitation for the Low-Income Senior Citizens Assessment Freeze Homestead Exemption is $85,000 for all qualified property. Effective immediately. |
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6 | 6 | | LRB104 04196 HLH 14220 b LRB104 04196 HLH 14220 b |
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7 | 7 | | LRB104 04196 HLH 14220 b |
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8 | 8 | | A BILL FOR |
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9 | 9 | | HB1092LRB104 04196 HLH 14220 b HB1092 LRB104 04196 HLH 14220 b |
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10 | 10 | | HB1092 LRB104 04196 HLH 14220 b |
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11 | 11 | | 1 AN ACT concerning revenue. |
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12 | 12 | | 2 Be it enacted by the People of the State of Illinois, |
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13 | 13 | | 3 represented in the General Assembly: |
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14 | 14 | | 4 Section 5. The Property Tax Code is amended by changing |
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15 | 15 | | 5 Section 15-172 as follows: |
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16 | 16 | | 6 (35 ILCS 200/15-172) |
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17 | 17 | | 7 Sec. 15-172. Low-Income Senior Citizens Assessment Freeze |
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18 | 18 | | 8 Homestead Exemption. |
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19 | 19 | | 9 (a) This Section may be cited as the Low-Income Senior |
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20 | 20 | | 10 Citizens Assessment Freeze Homestead Exemption. |
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21 | 21 | | 11 (b) As used in this Section: |
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22 | 22 | | 12 "Applicant" means an individual who has filed an |
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23 | 23 | | 13 application under this Section. |
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24 | 24 | | 14 "Base amount" means the base year equalized assessed value |
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25 | 25 | | 15 of the residence plus the first year's equalized assessed |
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26 | 26 | | 16 value of any added improvements which increased the assessed |
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27 | 27 | | 17 value of the residence after the base year. |
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28 | 28 | | 18 "Base year" means the taxable year prior to the taxable |
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29 | 29 | | 19 year for which the applicant first qualifies and applies for |
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30 | 30 | | 20 the exemption provided that in the prior taxable year the |
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31 | 31 | | 21 property was improved with a permanent structure that was |
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32 | 32 | | 22 occupied as a residence by the applicant who was liable for |
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33 | 33 | | 23 paying real property taxes on the property and who was either |
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34 | 34 | | |
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35 | 35 | | |
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36 | 36 | | |
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37 | 37 | | 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1092 Introduced , by Rep. Jed Davis SYNOPSIS AS INTRODUCED: |
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38 | 38 | | 35 ILCS 200/15-172 35 ILCS 200/15-172 |
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39 | 39 | | 35 ILCS 200/15-172 |
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40 | 40 | | Amends the Property Tax Code. Provides that, for taxable years 2026 and thereafter, the maximum income limitation for the Low-Income Senior Citizens Assessment Freeze Homestead Exemption is $85,000 for all qualified property. Effective immediately. |
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41 | 41 | | LRB104 04196 HLH 14220 b LRB104 04196 HLH 14220 b |
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42 | 42 | | LRB104 04196 HLH 14220 b |
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43 | 43 | | A BILL FOR |
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44 | 44 | | |
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47 | 47 | | |
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48 | 48 | | |
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49 | 49 | | 35 ILCS 200/15-172 |
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52 | 52 | | |
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53 | 53 | | LRB104 04196 HLH 14220 b |
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62 | 62 | | |
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63 | 63 | | HB1092 LRB104 04196 HLH 14220 b |
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64 | 64 | | |
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65 | 65 | | |
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66 | 66 | | HB1092- 2 -LRB104 04196 HLH 14220 b HB1092 - 2 - LRB104 04196 HLH 14220 b |
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67 | 67 | | HB1092 - 2 - LRB104 04196 HLH 14220 b |
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68 | 68 | | 1 (i) an owner of record of the property or had legal or |
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69 | 69 | | 2 equitable interest in the property as evidenced by a written |
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70 | 70 | | 3 instrument or (ii) had a legal or equitable interest as a |
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71 | 71 | | 4 lessee in the parcel of property that was single family |
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72 | 72 | | 5 residence. If in any subsequent taxable year for which the |
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73 | 73 | | 6 applicant applies and qualifies for the exemption the |
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74 | 74 | | 7 equalized assessed value of the residence is less than the |
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75 | 75 | | 8 equalized assessed value in the existing base year (provided |
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76 | 76 | | 9 that such equalized assessed value is not based on an assessed |
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77 | 77 | | 10 value that results from a temporary irregularity in the |
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78 | 78 | | 11 property that reduces the assessed value for one or more |
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79 | 79 | | 12 taxable years), then that subsequent taxable year shall become |
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80 | 80 | | 13 the base year until a new base year is established under the |
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81 | 81 | | 14 terms of this paragraph. For taxable year 1999 only, the Chief |
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82 | 82 | | 15 County Assessment Officer shall review (i) all taxable years |
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83 | 83 | | 16 for which the applicant applied and qualified for the |
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84 | 84 | | 17 exemption and (ii) the existing base year. The assessment |
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85 | 85 | | 18 officer shall select as the new base year the year with the |
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86 | 86 | | 19 lowest equalized assessed value. An equalized assessed value |
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87 | 87 | | 20 that is based on an assessed value that results from a |
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88 | 88 | | 21 temporary irregularity in the property that reduces the |
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89 | 89 | | 22 assessed value for one or more taxable years shall not be |
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90 | 90 | | 23 considered the lowest equalized assessed value. The selected |
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91 | 91 | | 24 year shall be the base year for taxable year 1999 and |
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92 | 92 | | 25 thereafter until a new base year is established under the |
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93 | 93 | | 26 terms of this paragraph. |
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94 | 94 | | |
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95 | 95 | | |
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96 | 96 | | |
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97 | 97 | | |
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98 | 98 | | |
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99 | 99 | | HB1092 - 2 - LRB104 04196 HLH 14220 b |
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100 | 100 | | |
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101 | 101 | | |
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102 | 102 | | HB1092- 3 -LRB104 04196 HLH 14220 b HB1092 - 3 - LRB104 04196 HLH 14220 b |
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103 | 103 | | HB1092 - 3 - LRB104 04196 HLH 14220 b |
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104 | 104 | | 1 "Chief County Assessment Officer" means the County |
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105 | 105 | | 2 Assessor or Supervisor of Assessments of the county in which |
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106 | 106 | | 3 the property is located. |
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107 | 107 | | 4 "Equalized assessed value" means the assessed value as |
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108 | 108 | | 5 equalized by the Illinois Department of Revenue. |
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109 | 109 | | 6 "Household" means the applicant, the spouse of the |
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110 | 110 | | 7 applicant, and all persons using the residence of the |
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111 | 111 | | 8 applicant as their principal place of residence. |
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112 | 112 | | 9 "Household income" means the combined income of the |
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113 | 113 | | 10 members of a household for the calendar year preceding the |
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114 | 114 | | 11 taxable year. |
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115 | 115 | | 12 "Income" has the same meaning as provided in Section 3.07 |
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116 | 116 | | 13 of the Senior Citizens and Persons with Disabilities Property |
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117 | 117 | | 14 Tax Relief Act, except that, beginning in assessment year |
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118 | 118 | | 15 2001, "income" does not include veteran's benefits. |
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119 | 119 | | 16 "Internal Revenue Code of 1986" means the United States |
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120 | 120 | | 17 Internal Revenue Code of 1986 or any successor law or laws |
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121 | 121 | | 18 relating to federal income taxes in effect for the year |
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122 | 122 | | 19 preceding the taxable year. |
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123 | 123 | | 20 "Life care facility that qualifies as a cooperative" means |
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124 | 124 | | 21 a facility as defined in Section 2 of the Life Care Facilities |
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125 | 125 | | 22 Act. |
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126 | 126 | | 23 "Maximum income limitation" means: |
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127 | 127 | | 24 (1) $35,000 prior to taxable year 1999; |
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128 | 128 | | 25 (2) $40,000 in taxable years 1999 through 2003; |
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129 | 129 | | 26 (3) $45,000 in taxable years 2004 through 2005; |
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130 | 130 | | |
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131 | 131 | | |
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132 | 132 | | |
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133 | 133 | | |
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134 | 134 | | |
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135 | 135 | | HB1092 - 3 - LRB104 04196 HLH 14220 b |
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136 | 136 | | |
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137 | 137 | | |
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138 | 138 | | HB1092- 4 -LRB104 04196 HLH 14220 b HB1092 - 4 - LRB104 04196 HLH 14220 b |
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139 | 139 | | HB1092 - 4 - LRB104 04196 HLH 14220 b |
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140 | 140 | | 1 (4) $50,000 in taxable years 2006 and 2007; |
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141 | 141 | | 2 (5) $55,000 in taxable years 2008 through 2016; |
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142 | 142 | | 3 (6) for taxable year 2017, (i) $65,000 for qualified |
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143 | 143 | | 4 property located in a county with 3,000,000 or more |
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144 | 144 | | 5 inhabitants and (ii) $55,000 for qualified property |
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145 | 145 | | 6 located in a county with fewer than 3,000,000 inhabitants; |
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146 | 146 | | 7 and |
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147 | 147 | | 8 (7) for taxable years 2018 through 2025 and |
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148 | 148 | | 9 thereafter, $65,000 for all qualified property; and . |
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149 | 149 | | 10 (8) for taxable years 2026 and thereafter, $85,000 for |
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150 | 150 | | 11 all qualified property. |
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151 | 151 | | 12 As an alternative income valuation, a homeowner who is |
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152 | 152 | | 13 enrolled in any of the following programs may be presumed to |
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153 | 153 | | 14 have household income that does not exceed the maximum income |
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154 | 154 | | 15 limitation for that tax year as required by this Section: Aid |
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155 | 155 | | 16 to the Aged, Blind or Disabled (AABD) Program or the |
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156 | 156 | | 17 Supplemental Nutrition Assistance Program (SNAP), both of |
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157 | 157 | | 18 which are administered by the Department of Human Services; |
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158 | 158 | | 19 the Low Income Home Energy Assistance Program (LIHEAP), which |
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159 | 159 | | 20 is administered by the Department of Commerce and Economic |
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160 | 160 | | 21 Opportunity; The Benefit Access program, which is administered |
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161 | 161 | | 22 by the Department on Aging; and the Senior Citizens Real |
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162 | 162 | | 23 Estate Tax Deferral Program. |
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163 | 163 | | 24 A chief county assessment officer may indicate that he or |
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164 | 164 | | 25 she has verified an applicant's income eligibility for this |
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165 | 165 | | 26 exemption but may not report which program or programs, if |
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170 | 170 | | |
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171 | 171 | | HB1092 - 4 - LRB104 04196 HLH 14220 b |
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172 | 172 | | |
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173 | 173 | | |
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174 | 174 | | HB1092- 5 -LRB104 04196 HLH 14220 b HB1092 - 5 - LRB104 04196 HLH 14220 b |
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175 | 175 | | HB1092 - 5 - LRB104 04196 HLH 14220 b |
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176 | 176 | | 1 any, enroll the applicant. Release of personal information |
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177 | 177 | | 2 submitted pursuant to this Section shall be deemed an |
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178 | 178 | | 3 unwarranted invasion of personal privacy under the Freedom of |
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179 | 179 | | 4 Information Act. |
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180 | 180 | | 5 "Residence" means the principal dwelling place and |
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181 | 181 | | 6 appurtenant structures used for residential purposes in this |
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182 | 182 | | 7 State occupied on January 1 of the taxable year by a household |
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183 | 183 | | 8 and so much of the surrounding land, constituting the parcel |
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184 | 184 | | 9 upon which the dwelling place is situated, as is used for |
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185 | 185 | | 10 residential purposes. If the Chief County Assessment Officer |
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186 | 186 | | 11 has established a specific legal description for a portion of |
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187 | 187 | | 12 property constituting the residence, then that portion of |
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188 | 188 | | 13 property shall be deemed the residence for the purposes of |
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189 | 189 | | 14 this Section. |
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190 | 190 | | 15 "Taxable year" means the calendar year during which ad |
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191 | 191 | | 16 valorem property taxes payable in the next succeeding year are |
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192 | 192 | | 17 levied. |
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193 | 193 | | 18 (c) Beginning in taxable year 1994, a low-income senior |
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194 | 194 | | 19 citizens assessment freeze homestead exemption is granted for |
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195 | 195 | | 20 real property that is improved with a permanent structure that |
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196 | 196 | | 21 is occupied as a residence by an applicant who (i) is 65 years |
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197 | 197 | | 22 of age or older during the taxable year, (ii) has a household |
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198 | 198 | | 23 income that does not exceed the maximum income limitation, |
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199 | 199 | | 24 (iii) is liable for paying real property taxes on the |
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200 | 200 | | 25 property, and (iv) is an owner of record of the property or has |
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201 | 201 | | 26 a legal or equitable interest in the property as evidenced by a |
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206 | 206 | | |
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207 | 207 | | HB1092 - 5 - LRB104 04196 HLH 14220 b |
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209 | 209 | | |
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210 | 210 | | HB1092- 6 -LRB104 04196 HLH 14220 b HB1092 - 6 - LRB104 04196 HLH 14220 b |
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211 | 211 | | HB1092 - 6 - LRB104 04196 HLH 14220 b |
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212 | 212 | | 1 written instrument. This homestead exemption shall also apply |
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213 | 213 | | 2 to a leasehold interest in a parcel of property improved with a |
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214 | 214 | | 3 permanent structure that is a single family residence that is |
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215 | 215 | | 4 occupied as a residence by a person who (i) is 65 years of age |
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216 | 216 | | 5 or older during the taxable year, (ii) has a household income |
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217 | 217 | | 6 that does not exceed the maximum income limitation, (iii) has |
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218 | 218 | | 7 a legal or equitable ownership interest in the property as |
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219 | 219 | | 8 lessee, and (iv) is liable for the payment of real property |
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220 | 220 | | 9 taxes on that property. |
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221 | 221 | | 10 In counties of 3,000,000 or more inhabitants, the amount |
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222 | 222 | | 11 of the exemption for all taxable years is the equalized |
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223 | 223 | | 12 assessed value of the residence in the taxable year for which |
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224 | 224 | | 13 application is made minus the base amount. In all other |
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225 | 225 | | 14 counties, the amount of the exemption is as follows: (i) |
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226 | 226 | | 15 through taxable year 2005 and for taxable year 2007 and |
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227 | 227 | | 16 thereafter, the amount of this exemption shall be the |
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228 | 228 | | 17 equalized assessed value of the residence in the taxable year |
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229 | 229 | | 18 for which application is made minus the base amount; and (ii) |
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230 | 230 | | 19 for taxable year 2006, the amount of the exemption is as |
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231 | 231 | | 20 follows: |
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232 | 232 | | 21 (1) For an applicant who has a household income of |
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233 | 233 | | 22 $45,000 or less, the amount of the exemption is the |
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234 | 234 | | 23 equalized assessed value of the residence in the taxable |
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235 | 235 | | 24 year for which application is made minus the base amount. |
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236 | 236 | | 25 (2) For an applicant who has a household income |
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237 | 237 | | 26 exceeding $45,000 but not exceeding $46,250, the amount of |
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238 | 238 | | |
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242 | 242 | | |
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243 | 243 | | HB1092 - 6 - LRB104 04196 HLH 14220 b |
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244 | 244 | | |
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245 | 245 | | |
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246 | 246 | | HB1092- 7 -LRB104 04196 HLH 14220 b HB1092 - 7 - LRB104 04196 HLH 14220 b |
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247 | 247 | | HB1092 - 7 - LRB104 04196 HLH 14220 b |
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248 | 248 | | 1 the exemption is (i) the equalized assessed value of the |
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249 | 249 | | 2 residence in the taxable year for which application is |
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250 | 250 | | 3 made minus the base amount (ii) multiplied by 0.8. |
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251 | 251 | | 4 (3) For an applicant who has a household income |
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252 | 252 | | 5 exceeding $46,250 but not exceeding $47,500, the amount of |
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253 | 253 | | 6 the exemption is (i) the equalized assessed value of the |
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254 | 254 | | 7 residence in the taxable year for which application is |
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255 | 255 | | 8 made minus the base amount (ii) multiplied by 0.6. |
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256 | 256 | | 9 (4) For an applicant who has a household income |
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257 | 257 | | 10 exceeding $47,500 but not exceeding $48,750, the amount of |
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258 | 258 | | 11 the exemption is (i) the equalized assessed value of the |
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259 | 259 | | 12 residence in the taxable year for which application is |
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260 | 260 | | 13 made minus the base amount (ii) multiplied by 0.4. |
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261 | 261 | | 14 (5) For an applicant who has a household income |
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262 | 262 | | 15 exceeding $48,750 but not exceeding $50,000, the amount of |
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263 | 263 | | 16 the exemption is (i) the equalized assessed value of the |
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264 | 264 | | 17 residence in the taxable year for which application is |
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265 | 265 | | 18 made minus the base amount (ii) multiplied by 0.2. |
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266 | 266 | | 19 When the applicant is a surviving spouse of an applicant |
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267 | 267 | | 20 for a prior year for the same residence for which an exemption |
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268 | 268 | | 21 under this Section has been granted, the base year and base |
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269 | 269 | | 22 amount for that residence are the same as for the applicant for |
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270 | 270 | | 23 the prior year. |
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271 | 271 | | 24 Each year at the time the assessment books are certified |
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272 | 272 | | 25 to the County Clerk, the Board of Review or Board of Appeals |
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273 | 273 | | 26 shall give to the County Clerk a list of the assessed values of |
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274 | 274 | | |
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275 | 275 | | |
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276 | 276 | | |
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277 | 277 | | |
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278 | 278 | | |
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279 | 279 | | HB1092 - 7 - LRB104 04196 HLH 14220 b |
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280 | 280 | | |
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281 | 281 | | |
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282 | 282 | | HB1092- 8 -LRB104 04196 HLH 14220 b HB1092 - 8 - LRB104 04196 HLH 14220 b |
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283 | 283 | | HB1092 - 8 - LRB104 04196 HLH 14220 b |
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284 | 284 | | 1 improvements on each parcel qualifying for this exemption that |
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285 | 285 | | 2 were added after the base year for this parcel and that |
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286 | 286 | | 3 increased the assessed value of the property. |
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287 | 287 | | 4 In the case of land improved with an apartment building |
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288 | 288 | | 5 owned and operated as a cooperative or a building that is a |
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289 | 289 | | 6 life care facility that qualifies as a cooperative, the |
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290 | 290 | | 7 maximum reduction from the equalized assessed value of the |
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291 | 291 | | 8 property is limited to the sum of the reductions calculated |
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292 | 292 | | 9 for each unit occupied as a residence by a person or persons |
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293 | 293 | | 10 (i) 65 years of age or older, (ii) with a household income that |
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294 | 294 | | 11 does not exceed the maximum income limitation, (iii) who is |
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295 | 295 | | 12 liable, by contract with the owner or owners of record, for |
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296 | 296 | | 13 paying real property taxes on the property, and (iv) who is an |
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297 | 297 | | 14 owner of record of a legal or equitable interest in the |
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298 | 298 | | 15 cooperative apartment building, other than a leasehold |
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299 | 299 | | 16 interest. In the instance of a cooperative where a homestead |
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300 | 300 | | 17 exemption has been granted under this Section, the cooperative |
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301 | 301 | | 18 association or its management firm shall credit the savings |
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302 | 302 | | 19 resulting from that exemption only to the apportioned tax |
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303 | 303 | | 20 liability of the owner who qualified for the exemption. Any |
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304 | 304 | | 21 person who willfully refuses to credit that savings to an |
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305 | 305 | | 22 owner who qualifies for the exemption is guilty of a Class B |
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306 | 306 | | 23 misdemeanor. |
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307 | 307 | | 24 When a homestead exemption has been granted under this |
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308 | 308 | | 25 Section and an applicant then becomes a resident of a facility |
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309 | 309 | | 26 licensed under the Assisted Living and Shared Housing Act, the |
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310 | 310 | | |
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314 | 314 | | |
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315 | 315 | | HB1092 - 8 - LRB104 04196 HLH 14220 b |
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316 | 316 | | |
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317 | 317 | | |
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318 | 318 | | HB1092- 9 -LRB104 04196 HLH 14220 b HB1092 - 9 - LRB104 04196 HLH 14220 b |
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319 | 319 | | HB1092 - 9 - LRB104 04196 HLH 14220 b |
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320 | 320 | | 1 Nursing Home Care Act, the Specialized Mental Health |
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321 | 321 | | 2 Rehabilitation Act of 2013, the ID/DD Community Care Act, or |
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322 | 322 | | 3 the MC/DD Act, the exemption shall be granted in subsequent |
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323 | 323 | | 4 years so long as the residence (i) continues to be occupied by |
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324 | 324 | | 5 the qualified applicant's spouse or (ii) if remaining |
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325 | 325 | | 6 unoccupied, is still owned by the qualified applicant for the |
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326 | 326 | | 7 homestead exemption. |
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327 | 327 | | 8 Beginning January 1, 1997, when an individual dies who |
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328 | 328 | | 9 would have qualified for an exemption under this Section, and |
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329 | 329 | | 10 the surviving spouse does not independently qualify for this |
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330 | 330 | | 11 exemption because of age, the exemption under this Section |
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331 | 331 | | 12 shall be granted to the surviving spouse for the taxable year |
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332 | 332 | | 13 preceding and the taxable year of the death, provided that, |
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333 | 333 | | 14 except for age, the surviving spouse meets all other |
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334 | 334 | | 15 qualifications for the granting of this exemption for those |
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335 | 335 | | 16 years. |
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336 | 336 | | 17 When married persons maintain separate residences, the |
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337 | 337 | | 18 exemption provided for in this Section may be claimed by only |
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338 | 338 | | 19 one of such persons and for only one residence. |
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339 | 339 | | 20 For taxable year 1994 only, in counties having less than |
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340 | 340 | | 21 3,000,000 inhabitants, to receive the exemption, a person |
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341 | 341 | | 22 shall submit an application by February 15, 1995 to the Chief |
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342 | 342 | | 23 County Assessment Officer of the county in which the property |
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343 | 343 | | 24 is located. In counties having 3,000,000 or more inhabitants, |
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344 | 344 | | 25 for taxable year 1994 and all subsequent taxable years, to |
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345 | 345 | | 26 receive the exemption, a person may submit an application to |
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346 | 346 | | |
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347 | 347 | | |
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348 | 348 | | |
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349 | 349 | | |
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350 | 350 | | |
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351 | 351 | | HB1092 - 9 - LRB104 04196 HLH 14220 b |
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352 | 352 | | |
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353 | 353 | | |
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354 | 354 | | HB1092- 10 -LRB104 04196 HLH 14220 b HB1092 - 10 - LRB104 04196 HLH 14220 b |
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355 | 355 | | HB1092 - 10 - LRB104 04196 HLH 14220 b |
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356 | 356 | | 1 the Chief County Assessment Officer of the county in which the |
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357 | 357 | | 2 property is located during such period as may be specified by |
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358 | 358 | | 3 the Chief County Assessment Officer. The Chief County |
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359 | 359 | | 4 Assessment Officer in counties of 3,000,000 or more |
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360 | 360 | | 5 inhabitants shall annually give notice of the application |
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361 | 361 | | 6 period by mail or by publication. In counties having less than |
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362 | 362 | | 7 3,000,000 inhabitants, beginning with taxable year 1995 and |
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363 | 363 | | 8 thereafter, to receive the exemption, a person shall submit an |
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364 | 364 | | 9 application by July 1 of each taxable year to the Chief County |
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365 | 365 | | 10 Assessment Officer of the county in which the property is |
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366 | 366 | | 11 located. A county may, by ordinance, establish a date for |
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367 | 367 | | 12 submission of applications that is different than July 1. The |
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368 | 368 | | 13 applicant shall submit with the application an affidavit of |
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369 | 369 | | 14 the applicant's total household income, age, marital status |
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370 | 370 | | 15 (and if married the name and address of the applicant's |
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371 | 371 | | 16 spouse, if known), and principal dwelling place of members of |
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372 | 372 | | 17 the household on January 1 of the taxable year. The Department |
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373 | 373 | | 18 shall establish, by rule, a method for verifying the accuracy |
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374 | 374 | | 19 of affidavits filed by applicants under this Section, and the |
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375 | 375 | | 20 Chief County Assessment Officer may conduct audits of any |
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376 | 376 | | 21 taxpayer claiming an exemption under this Section to verify |
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377 | 377 | | 22 that the taxpayer is eligible to receive the exemption. Each |
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378 | 378 | | 23 application shall contain or be verified by a written |
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379 | 379 | | 24 declaration that it is made under the penalties of perjury. A |
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380 | 380 | | 25 taxpayer's signing a fraudulent application under this Act is |
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381 | 381 | | 26 perjury, as defined in Section 32-2 of the Criminal Code of |
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382 | 382 | | |
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383 | 383 | | |
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384 | 384 | | |
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385 | 385 | | |
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386 | 386 | | |
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387 | 387 | | HB1092 - 10 - LRB104 04196 HLH 14220 b |
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388 | 388 | | |
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389 | 389 | | |
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390 | 390 | | HB1092- 11 -LRB104 04196 HLH 14220 b HB1092 - 11 - LRB104 04196 HLH 14220 b |
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391 | 391 | | HB1092 - 11 - LRB104 04196 HLH 14220 b |
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392 | 392 | | 1 2012. The applications shall be clearly marked as applications |
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393 | 393 | | 2 for the Low-Income Senior Citizens Assessment Freeze Homestead |
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394 | 394 | | 3 Exemption and must contain a notice that any taxpayer who |
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395 | 395 | | 4 receives the exemption is subject to an audit by the Chief |
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396 | 396 | | 5 County Assessment Officer. |
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397 | 397 | | 6 Notwithstanding any other provision to the contrary, in |
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398 | 398 | | 7 counties having fewer than 3,000,000 inhabitants, if an |
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399 | 399 | | 8 applicant fails to file the application required by this |
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400 | 400 | | 9 Section in a timely manner and this failure to file is due to a |
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401 | 401 | | 10 mental or physical condition sufficiently severe so as to |
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402 | 402 | | 11 render the applicant incapable of filing the application in a |
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403 | 403 | | 12 timely manner, the Chief County Assessment Officer may extend |
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404 | 404 | | 13 the filing deadline for a period of 30 days after the applicant |
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405 | 405 | | 14 regains the capability to file the application, but in no case |
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406 | 406 | | 15 may the filing deadline be extended beyond 3 months of the |
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407 | 407 | | 16 original filing deadline. In order to receive the extension |
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408 | 408 | | 17 provided in this paragraph, the applicant shall provide the |
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409 | 409 | | 18 Chief County Assessment Officer with a signed statement from |
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410 | 410 | | 19 the applicant's physician, advanced practice registered nurse, |
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411 | 411 | | 20 or physician assistant stating the nature and extent of the |
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412 | 412 | | 21 condition, that, in the physician's, advanced practice |
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413 | 413 | | 22 registered nurse's, or physician assistant's opinion, the |
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414 | 414 | | 23 condition was so severe that it rendered the applicant |
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415 | 415 | | 24 incapable of filing the application in a timely manner, and |
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416 | 416 | | 25 the date on which the applicant regained the capability to |
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417 | 417 | | 26 file the application. |
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418 | 418 | | |
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419 | 419 | | |
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420 | 420 | | |
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421 | 421 | | |
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422 | 422 | | |
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423 | 423 | | HB1092 - 11 - LRB104 04196 HLH 14220 b |
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424 | 424 | | |
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425 | 425 | | |
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426 | 426 | | HB1092- 12 -LRB104 04196 HLH 14220 b HB1092 - 12 - LRB104 04196 HLH 14220 b |
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427 | 427 | | HB1092 - 12 - LRB104 04196 HLH 14220 b |
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428 | 428 | | 1 Beginning January 1, 1998, notwithstanding any other |
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429 | 429 | | 2 provision to the contrary, in counties having fewer than |
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430 | 430 | | 3 3,000,000 inhabitants, if an applicant fails to file the |
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431 | 431 | | 4 application required by this Section in a timely manner and |
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432 | 432 | | 5 this failure to file is due to a mental or physical condition |
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433 | 433 | | 6 sufficiently severe so as to render the applicant incapable of |
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434 | 434 | | 7 filing the application in a timely manner, the Chief County |
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435 | 435 | | 8 Assessment Officer may extend the filing deadline for a period |
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436 | 436 | | 9 of 3 months. In order to receive the extension provided in this |
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437 | 437 | | 10 paragraph, the applicant shall provide the Chief County |
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438 | 438 | | 11 Assessment Officer with a signed statement from the |
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439 | 439 | | 12 applicant's physician, advanced practice registered nurse, or |
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440 | 440 | | 13 physician assistant stating the nature and extent of the |
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441 | 441 | | 14 condition, and that, in the physician's, advanced practice |
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442 | 442 | | 15 registered nurse's, or physician assistant's opinion, the |
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443 | 443 | | 16 condition was so severe that it rendered the applicant |
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444 | 444 | | 17 incapable of filing the application in a timely manner. |
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445 | 445 | | 18 In counties having less than 3,000,000 inhabitants, if an |
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446 | 446 | | 19 applicant was denied an exemption in taxable year 1994 and the |
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447 | 447 | | 20 denial occurred due to an error on the part of an assessment |
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448 | 448 | | 21 official, or his or her agent or employee, then beginning in |
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449 | 449 | | 22 taxable year 1997 the applicant's base year, for purposes of |
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450 | 450 | | 23 determining the amount of the exemption, shall be 1993 rather |
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451 | 451 | | 24 than 1994. In addition, in taxable year 1997, the applicant's |
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452 | 452 | | 25 exemption shall also include an amount equal to (i) the amount |
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453 | 453 | | 26 of any exemption denied to the applicant in taxable year 1995 |
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454 | 454 | | |
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455 | 455 | | |
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456 | 456 | | |
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457 | 457 | | |
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458 | 458 | | |
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459 | 459 | | HB1092 - 12 - LRB104 04196 HLH 14220 b |
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460 | 460 | | |
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461 | 461 | | |
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462 | 462 | | HB1092- 13 -LRB104 04196 HLH 14220 b HB1092 - 13 - LRB104 04196 HLH 14220 b |
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463 | 463 | | HB1092 - 13 - LRB104 04196 HLH 14220 b |
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464 | 464 | | 1 as a result of using 1994, rather than 1993, as the base year, |
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465 | 465 | | 2 (ii) the amount of any exemption denied to the applicant in |
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466 | 466 | | 3 taxable year 1996 as a result of using 1994, rather than 1993, |
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467 | 467 | | 4 as the base year, and (iii) the amount of the exemption |
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468 | 468 | | 5 erroneously denied for taxable year 1994. |
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469 | 469 | | 6 For purposes of this Section, a person who will be 65 years |
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470 | 470 | | 7 of age during the current taxable year shall be eligible to |
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471 | 471 | | 8 apply for the homestead exemption during that taxable year. |
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472 | 472 | | 9 Application shall be made during the application period in |
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473 | 473 | | 10 effect for the county of his or her residence. |
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474 | 474 | | 11 The Chief County Assessment Officer may determine the |
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475 | 475 | | 12 eligibility of a life care facility that qualifies as a |
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476 | 476 | | 13 cooperative to receive the benefits provided by this Section |
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477 | 477 | | 14 by use of an affidavit, application, visual inspection, |
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478 | 478 | | 15 questionnaire, or other reasonable method in order to insure |
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479 | 479 | | 16 that the tax savings resulting from the exemption are credited |
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480 | 480 | | 17 by the management firm to the apportioned tax liability of |
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481 | 481 | | 18 each qualifying resident. The Chief County Assessment Officer |
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482 | 482 | | 19 may request reasonable proof that the management firm has so |
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483 | 483 | | 20 credited that exemption. |
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484 | 484 | | 21 Except as provided in this Section, all information |
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485 | 485 | | 22 received by the chief county assessment officer or the |
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486 | 486 | | 23 Department from applications filed under this Section, or from |
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487 | 487 | | 24 any investigation conducted under the provisions of this |
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488 | 488 | | 25 Section, shall be confidential, except for official purposes |
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489 | 489 | | 26 or pursuant to official procedures for collection of any State |
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490 | 490 | | |
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491 | 491 | | |
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492 | 492 | | |
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493 | 493 | | |
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494 | 494 | | |
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495 | 495 | | HB1092 - 13 - LRB104 04196 HLH 14220 b |
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496 | 496 | | |
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497 | 497 | | |
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498 | 498 | | HB1092- 14 -LRB104 04196 HLH 14220 b HB1092 - 14 - LRB104 04196 HLH 14220 b |
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499 | 499 | | HB1092 - 14 - LRB104 04196 HLH 14220 b |
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500 | 500 | | 1 or local tax or enforcement of any civil or criminal penalty or |
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501 | 501 | | 2 sanction imposed by this Act or by any statute or ordinance |
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502 | 502 | | 3 imposing a State or local tax. Any person who divulges any such |
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503 | 503 | | 4 information in any manner, except in accordance with a proper |
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504 | 504 | | 5 judicial order, is guilty of a Class A misdemeanor. |
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505 | 505 | | 6 Nothing contained in this Section shall prevent the |
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506 | 506 | | 7 Director or chief county assessment officer from publishing or |
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507 | 507 | | 8 making available reasonable statistics concerning the |
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508 | 508 | | 9 operation of the exemption contained in this Section in which |
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509 | 509 | | 10 the contents of claims are grouped into aggregates in such a |
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510 | 510 | | 11 way that information contained in any individual claim shall |
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511 | 511 | | 12 not be disclosed. |
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512 | 512 | | 13 Notwithstanding any other provision of law, for taxable |
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513 | 513 | | 14 year 2017 and thereafter, in counties of 3,000,000 or more |
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514 | 514 | | 15 inhabitants, the amount of the exemption shall be the greater |
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515 | 515 | | 16 of (i) the amount of the exemption otherwise calculated under |
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516 | 516 | | 17 this Section or (ii) $2,000. |
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517 | 517 | | 18 (c-5) Notwithstanding any other provision of law, each |
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518 | 518 | | 19 chief county assessment officer may approve this exemption for |
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519 | 519 | | 20 the 2020 taxable year, without application, for any property |
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520 | 520 | | 21 that was approved for this exemption for the 2019 taxable |
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521 | 521 | | 22 year, provided that: |
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522 | 522 | | 23 (1) the county board has declared a local disaster as |
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523 | 523 | | 24 provided in the Illinois Emergency Management Agency Act |
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524 | 524 | | 25 related to the COVID-19 public health emergency; |
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525 | 525 | | 26 (2) the owner of record of the property as of January |
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526 | 526 | | |
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527 | 527 | | |
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528 | 528 | | |
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529 | 529 | | |
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530 | 530 | | |
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531 | 531 | | HB1092 - 14 - LRB104 04196 HLH 14220 b |
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532 | 532 | | |
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533 | 533 | | |
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534 | 534 | | HB1092- 15 -LRB104 04196 HLH 14220 b HB1092 - 15 - LRB104 04196 HLH 14220 b |
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535 | 535 | | HB1092 - 15 - LRB104 04196 HLH 14220 b |
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536 | 536 | | 1 1, 2020 is the same as the owner of record of the property |
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537 | 537 | | 2 as of January 1, 2019; |
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538 | 538 | | 3 (3) the exemption for the 2019 taxable year has not |
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539 | 539 | | 4 been determined to be an erroneous exemption as defined by |
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540 | 540 | | 5 this Code; and |
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541 | 541 | | 6 (4) the applicant for the 2019 taxable year has not |
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542 | 542 | | 7 asked for the exemption to be removed for the 2019 or 2020 |
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543 | 543 | | 8 taxable years. |
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544 | 544 | | 9 Nothing in this subsection shall preclude or impair the |
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545 | 545 | | 10 authority of a chief county assessment officer to conduct |
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546 | 546 | | 11 audits of any taxpayer claiming an exemption under this |
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547 | 547 | | 12 Section to verify that the taxpayer is eligible to receive the |
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548 | 548 | | 13 exemption as provided elsewhere in this Section. |
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549 | 549 | | 14 (c-10) Notwithstanding any other provision of law, each |
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550 | 550 | | 15 chief county assessment officer may approve this exemption for |
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551 | 551 | | 16 the 2021 taxable year, without application, for any property |
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552 | 552 | | 17 that was approved for this exemption for the 2020 taxable |
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553 | 553 | | 18 year, if: |
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554 | 554 | | 19 (1) the county board has declared a local disaster as |
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555 | 555 | | 20 provided in the Illinois Emergency Management Agency Act |
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556 | 556 | | 21 related to the COVID-19 public health emergency; |
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557 | 557 | | 22 (2) the owner of record of the property as of January |
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558 | 558 | | 23 1, 2021 is the same as the owner of record of the property |
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559 | 559 | | 24 as of January 1, 2020; |
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560 | 560 | | 25 (3) the exemption for the 2020 taxable year has not |
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561 | 561 | | 26 been determined to be an erroneous exemption as defined by |
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562 | 562 | | |
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563 | 563 | | |
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564 | 564 | | |
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565 | 565 | | |
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566 | 566 | | |
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567 | 567 | | HB1092 - 15 - LRB104 04196 HLH 14220 b |
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568 | 568 | | |
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569 | 569 | | |
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570 | 570 | | HB1092- 16 -LRB104 04196 HLH 14220 b HB1092 - 16 - LRB104 04196 HLH 14220 b |
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571 | 571 | | HB1092 - 16 - LRB104 04196 HLH 14220 b |
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572 | 572 | | 1 this Code; and |
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573 | 573 | | 2 (4) the taxpayer for the 2020 taxable year has not |
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574 | 574 | | 3 asked for the exemption to be removed for the 2020 or 2021 |
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575 | 575 | | 4 taxable years. |
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576 | 576 | | 5 Nothing in this subsection shall preclude or impair the |
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577 | 577 | | 6 authority of a chief county assessment officer to conduct |
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578 | 578 | | 7 audits of any taxpayer claiming an exemption under this |
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579 | 579 | | 8 Section to verify that the taxpayer is eligible to receive the |
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580 | 580 | | 9 exemption as provided elsewhere in this Section. |
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581 | 581 | | 10 (d) Each Chief County Assessment Officer shall annually |
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582 | 582 | | 11 publish a notice of availability of the exemption provided |
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583 | 583 | | 12 under this Section. The notice shall be published at least 60 |
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584 | 584 | | 13 days but no more than 75 days prior to the date on which the |
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585 | 585 | | 14 application must be submitted to the Chief County Assessment |
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586 | 586 | | 15 Officer of the county in which the property is located. The |
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587 | 587 | | 16 notice shall appear in a newspaper of general circulation in |
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588 | 588 | | 17 the county. |
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589 | 589 | | 18 Notwithstanding Sections 6 and 8 of the State Mandates |
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590 | 590 | | 19 Act, no reimbursement by the State is required for the |
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591 | 591 | | 20 implementation of any mandate created by this Section. |
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592 | 592 | | 21 (Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21; |
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593 | 593 | | 22 102-895, eff. 5-23-22.) |
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594 | 594 | | |
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595 | 595 | | |
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596 | 596 | | |
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597 | 597 | | |
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598 | 598 | | |
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599 | 599 | | HB1092 - 16 - LRB104 04196 HLH 14220 b |
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