Illinois 2025-2026 Regular Session

Illinois House Bill HB2388 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2388 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-172 Amends the Property Tax Code. Increases the maximum income limitation for the low-income senior citizens assessment freeze homestead exemption from $65,000 to $85,000. Effective immediately. LRB104 09365 HLH 19424 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2388 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-172 35 ILCS 200/15-172 Amends the Property Tax Code. Increases the maximum income limitation for the low-income senior citizens assessment freeze homestead exemption from $65,000 to $85,000. Effective immediately. LRB104 09365 HLH 19424 b LRB104 09365 HLH 19424 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2388 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
33 35 ILCS 200/15-172 35 ILCS 200/15-172
44 35 ILCS 200/15-172
55 Amends the Property Tax Code. Increases the maximum income limitation for the low-income senior citizens assessment freeze homestead exemption from $65,000 to $85,000. Effective immediately.
66 LRB104 09365 HLH 19424 b LRB104 09365 HLH 19424 b
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88 A BILL FOR
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1111 1 AN ACT concerning revenue.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Property Tax Code is amended by changing
1515 5 Section 15-172 as follows:
1616 6 (35 ILCS 200/15-172)
1717 7 Sec. 15-172. Low-Income Senior Citizens Assessment Freeze
1818 8 Homestead Exemption.
1919 9 (a) This Section may be cited as the Low-Income Senior
2020 10 Citizens Assessment Freeze Homestead Exemption.
2121 11 (b) As used in this Section:
2222 12 "Applicant" means an individual who has filed an
2323 13 application under this Section.
2424 14 "Base amount" means the base year equalized assessed value
2525 15 of the residence plus the first year's equalized assessed
2626 16 value of any added improvements which increased the assessed
2727 17 value of the residence after the base year.
2828 18 "Base year" means the taxable year prior to the taxable
2929 19 year for which the applicant first qualifies and applies for
3030 20 the exemption provided that in the prior taxable year the
3131 21 property was improved with a permanent structure that was
3232 22 occupied as a residence by the applicant who was liable for
3333 23 paying real property taxes on the property and who was either
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2388 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
3838 35 ILCS 200/15-172 35 ILCS 200/15-172
3939 35 ILCS 200/15-172
4040 Amends the Property Tax Code. Increases the maximum income limitation for the low-income senior citizens assessment freeze homestead exemption from $65,000 to $85,000. Effective immediately.
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4343 A BILL FOR
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6868 1 (i) an owner of record of the property or had legal or
6969 2 equitable interest in the property as evidenced by a written
7070 3 instrument or (ii) had a legal or equitable interest as a
7171 4 lessee in the parcel of property that was single family
7272 5 residence. If in any subsequent taxable year for which the
7373 6 applicant applies and qualifies for the exemption the
7474 7 equalized assessed value of the residence is less than the
7575 8 equalized assessed value in the existing base year (provided
7676 9 that such equalized assessed value is not based on an assessed
7777 10 value that results from a temporary irregularity in the
7878 11 property that reduces the assessed value for one or more
7979 12 taxable years), then that subsequent taxable year shall become
8080 13 the base year until a new base year is established under the
8181 14 terms of this paragraph. For taxable year 1999 only, the Chief
8282 15 County Assessment Officer shall review (i) all taxable years
8383 16 for which the applicant applied and qualified for the
8484 17 exemption and (ii) the existing base year. The assessment
8585 18 officer shall select as the new base year the year with the
8686 19 lowest equalized assessed value. An equalized assessed value
8787 20 that is based on an assessed value that results from a
8888 21 temporary irregularity in the property that reduces the
8989 22 assessed value for one or more taxable years shall not be
9090 23 considered the lowest equalized assessed value. The selected
9191 24 year shall be the base year for taxable year 1999 and
9292 25 thereafter until a new base year is established under the
9393 26 terms of this paragraph.
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104104 1 "Chief County Assessment Officer" means the County
105105 2 Assessor or Supervisor of Assessments of the county in which
106106 3 the property is located.
107107 4 "Equalized assessed value" means the assessed value as
108108 5 equalized by the Illinois Department of Revenue.
109109 6 "Household" means the applicant, the spouse of the
110110 7 applicant, and all persons using the residence of the
111111 8 applicant as their principal place of residence.
112112 9 "Household income" means the combined income of the
113113 10 members of a household for the calendar year preceding the
114114 11 taxable year.
115115 12 "Income" has the same meaning as provided in Section 3.07
116116 13 of the Senior Citizens and Persons with Disabilities Property
117117 14 Tax Relief Act, except that, beginning in assessment year
118118 15 2001, "income" does not include veteran's benefits.
119119 16 "Internal Revenue Code of 1986" means the United States
120120 17 Internal Revenue Code of 1986 or any successor law or laws
121121 18 relating to federal income taxes in effect for the year
122122 19 preceding the taxable year.
123123 20 "Life care facility that qualifies as a cooperative" means
124124 21 a facility as defined in Section 2 of the Life Care Facilities
125125 22 Act.
126126 23 "Maximum income limitation" means:
127127 24 (1) $35,000 prior to taxable year 1999;
128128 25 (2) $40,000 in taxable years 1999 through 2003;
129129 26 (3) $45,000 in taxable years 2004 through 2005;
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140140 1 (4) $50,000 in taxable years 2006 and 2007;
141141 2 (5) $55,000 in taxable years 2008 through 2016;
142142 3 (6) for taxable year 2017, (i) $65,000 for qualified
143143 4 property located in a county with 3,000,000 or more
144144 5 inhabitants and (ii) $55,000 for qualified property
145145 6 located in a county with fewer than 3,000,000 inhabitants;
146146 7 and
147147 8 (7) for taxable years 2018 through 2025 and
148148 9 thereafter, $65,000 for all qualified property; and .
149149 10 (8) for taxable years 2026 and thereafter, $85,000 for
150150 11 all qualified property.
151151 12 As an alternative income valuation, a homeowner who is
152152 13 enrolled in any of the following programs may be presumed to
153153 14 have household income that does not exceed the maximum income
154154 15 limitation for that tax year as required by this Section: Aid
155155 16 to the Aged, Blind or Disabled (AABD) Program or the
156156 17 Supplemental Nutrition Assistance Program (SNAP), both of
157157 18 which are administered by the Department of Human Services;
158158 19 the Low Income Home Energy Assistance Program (LIHEAP), which
159159 20 is administered by the Department of Commerce and Economic
160160 21 Opportunity; The Benefit Access program, which is administered
161161 22 by the Department on Aging; and the Senior Citizens Real
162162 23 Estate Tax Deferral Program.
163163 24 A chief county assessment officer may indicate that he or
164164 25 she has verified an applicant's income eligibility for this
165165 26 exemption but may not report which program or programs, if
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176176 1 any, enroll the applicant. Release of personal information
177177 2 submitted pursuant to this Section shall be deemed an
178178 3 unwarranted invasion of personal privacy under the Freedom of
179179 4 Information Act.
180180 5 "Residence" means the principal dwelling place and
181181 6 appurtenant structures used for residential purposes in this
182182 7 State occupied on January 1 of the taxable year by a household
183183 8 and so much of the surrounding land, constituting the parcel
184184 9 upon which the dwelling place is situated, as is used for
185185 10 residential purposes. If the Chief County Assessment Officer
186186 11 has established a specific legal description for a portion of
187187 12 property constituting the residence, then that portion of
188188 13 property shall be deemed the residence for the purposes of
189189 14 this Section.
190190 15 "Taxable year" means the calendar year during which ad
191191 16 valorem property taxes payable in the next succeeding year are
192192 17 levied.
193193 18 (c) Beginning in taxable year 1994, a low-income senior
194194 19 citizens assessment freeze homestead exemption is granted for
195195 20 real property that is improved with a permanent structure that
196196 21 is occupied as a residence by an applicant who (i) is 65 years
197197 22 of age or older during the taxable year, (ii) has a household
198198 23 income that does not exceed the maximum income limitation,
199199 24 (iii) is liable for paying real property taxes on the
200200 25 property, and (iv) is an owner of record of the property or has
201201 26 a legal or equitable interest in the property as evidenced by a
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212212 1 written instrument. This homestead exemption shall also apply
213213 2 to a leasehold interest in a parcel of property improved with a
214214 3 permanent structure that is a single family residence that is
215215 4 occupied as a residence by a person who (i) is 65 years of age
216216 5 or older during the taxable year, (ii) has a household income
217217 6 that does not exceed the maximum income limitation, (iii) has
218218 7 a legal or equitable ownership interest in the property as
219219 8 lessee, and (iv) is liable for the payment of real property
220220 9 taxes on that property.
221221 10 In counties of 3,000,000 or more inhabitants, the amount
222222 11 of the exemption for all taxable years is the equalized
223223 12 assessed value of the residence in the taxable year for which
224224 13 application is made minus the base amount. In all other
225225 14 counties, the amount of the exemption is as follows: (i)
226226 15 through taxable year 2005 and for taxable year 2007 and
227227 16 thereafter, the amount of this exemption shall be the
228228 17 equalized assessed value of the residence in the taxable year
229229 18 for which application is made minus the base amount; and (ii)
230230 19 for taxable year 2006, the amount of the exemption is as
231231 20 follows:
232232 21 (1) For an applicant who has a household income of
233233 22 $45,000 or less, the amount of the exemption is the
234234 23 equalized assessed value of the residence in the taxable
235235 24 year for which application is made minus the base amount.
236236 25 (2) For an applicant who has a household income
237237 26 exceeding $45,000 but not exceeding $46,250, the amount of
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248248 1 the exemption is (i) the equalized assessed value of the
249249 2 residence in the taxable year for which application is
250250 3 made minus the base amount (ii) multiplied by 0.8.
251251 4 (3) For an applicant who has a household income
252252 5 exceeding $46,250 but not exceeding $47,500, the amount of
253253 6 the exemption is (i) the equalized assessed value of the
254254 7 residence in the taxable year for which application is
255255 8 made minus the base amount (ii) multiplied by 0.6.
256256 9 (4) For an applicant who has a household income
257257 10 exceeding $47,500 but not exceeding $48,750, the amount of
258258 11 the exemption is (i) the equalized assessed value of the
259259 12 residence in the taxable year for which application is
260260 13 made minus the base amount (ii) multiplied by 0.4.
261261 14 (5) For an applicant who has a household income
262262 15 exceeding $48,750 but not exceeding $50,000, the amount of
263263 16 the exemption is (i) the equalized assessed value of the
264264 17 residence in the taxable year for which application is
265265 18 made minus the base amount (ii) multiplied by 0.2.
266266 19 When the applicant is a surviving spouse of an applicant
267267 20 for a prior year for the same residence for which an exemption
268268 21 under this Section has been granted, the base year and base
269269 22 amount for that residence are the same as for the applicant for
270270 23 the prior year.
271271 24 Each year at the time the assessment books are certified
272272 25 to the County Clerk, the Board of Review or Board of Appeals
273273 26 shall give to the County Clerk a list of the assessed values of
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284284 1 improvements on each parcel qualifying for this exemption that
285285 2 were added after the base year for this parcel and that
286286 3 increased the assessed value of the property.
287287 4 In the case of land improved with an apartment building
288288 5 owned and operated as a cooperative or a building that is a
289289 6 life care facility that qualifies as a cooperative, the
290290 7 maximum reduction from the equalized assessed value of the
291291 8 property is limited to the sum of the reductions calculated
292292 9 for each unit occupied as a residence by a person or persons
293293 10 (i) 65 years of age or older, (ii) with a household income that
294294 11 does not exceed the maximum income limitation, (iii) who is
295295 12 liable, by contract with the owner or owners of record, for
296296 13 paying real property taxes on the property, and (iv) who is an
297297 14 owner of record of a legal or equitable interest in the
298298 15 cooperative apartment building, other than a leasehold
299299 16 interest. In the instance of a cooperative where a homestead
300300 17 exemption has been granted under this Section, the cooperative
301301 18 association or its management firm shall credit the savings
302302 19 resulting from that exemption only to the apportioned tax
303303 20 liability of the owner who qualified for the exemption. Any
304304 21 person who willfully refuses to credit that savings to an
305305 22 owner who qualifies for the exemption is guilty of a Class B
306306 23 misdemeanor.
307307 24 When a homestead exemption has been granted under this
308308 25 Section and an applicant then becomes a resident of a facility
309309 26 licensed under the Assisted Living and Shared Housing Act, the
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320320 1 Nursing Home Care Act, the Specialized Mental Health
321321 2 Rehabilitation Act of 2013, the ID/DD Community Care Act, or
322322 3 the MC/DD Act, the exemption shall be granted in subsequent
323323 4 years so long as the residence (i) continues to be occupied by
324324 5 the qualified applicant's spouse or (ii) if remaining
325325 6 unoccupied, is still owned by the qualified applicant for the
326326 7 homestead exemption.
327327 8 Beginning January 1, 1997, when an individual dies who
328328 9 would have qualified for an exemption under this Section, and
329329 10 the surviving spouse does not independently qualify for this
330330 11 exemption because of age, the exemption under this Section
331331 12 shall be granted to the surviving spouse for the taxable year
332332 13 preceding and the taxable year of the death, provided that,
333333 14 except for age, the surviving spouse meets all other
334334 15 qualifications for the granting of this exemption for those
335335 16 years.
336336 17 When married persons maintain separate residences, the
337337 18 exemption provided for in this Section may be claimed by only
338338 19 one of such persons and for only one residence.
339339 20 For taxable year 1994 only, in counties having less than
340340 21 3,000,000 inhabitants, to receive the exemption, a person
341341 22 shall submit an application by February 15, 1995 to the Chief
342342 23 County Assessment Officer of the county in which the property
343343 24 is located. In counties having 3,000,000 or more inhabitants,
344344 25 for taxable year 1994 and all subsequent taxable years, to
345345 26 receive the exemption, a person may submit an application to
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356356 1 the Chief County Assessment Officer of the county in which the
357357 2 property is located during such period as may be specified by
358358 3 the Chief County Assessment Officer. The Chief County
359359 4 Assessment Officer in counties of 3,000,000 or more
360360 5 inhabitants shall annually give notice of the application
361361 6 period by mail or by publication. In counties having less than
362362 7 3,000,000 inhabitants, beginning with taxable year 1995 and
363363 8 thereafter, to receive the exemption, a person shall submit an
364364 9 application by July 1 of each taxable year to the Chief County
365365 10 Assessment Officer of the county in which the property is
366366 11 located. A county may, by ordinance, establish a date for
367367 12 submission of applications that is different than July 1. The
368368 13 applicant shall submit with the application an affidavit of
369369 14 the applicant's total household income, age, marital status
370370 15 (and if married the name and address of the applicant's
371371 16 spouse, if known), and principal dwelling place of members of
372372 17 the household on January 1 of the taxable year. The Department
373373 18 shall establish, by rule, a method for verifying the accuracy
374374 19 of affidavits filed by applicants under this Section, and the
375375 20 Chief County Assessment Officer may conduct audits of any
376376 21 taxpayer claiming an exemption under this Section to verify
377377 22 that the taxpayer is eligible to receive the exemption. Each
378378 23 application shall contain or be verified by a written
379379 24 declaration that it is made under the penalties of perjury. A
380380 25 taxpayer's signing a fraudulent application under this Act is
381381 26 perjury, as defined in Section 32-2 of the Criminal Code of
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392392 1 2012. The applications shall be clearly marked as applications
393393 2 for the Low-Income Senior Citizens Assessment Freeze Homestead
394394 3 Exemption and must contain a notice that any taxpayer who
395395 4 receives the exemption is subject to an audit by the Chief
396396 5 County Assessment Officer.
397397 6 Notwithstanding any other provision to the contrary, in
398398 7 counties having fewer than 3,000,000 inhabitants, if an
399399 8 applicant fails to file the application required by this
400400 9 Section in a timely manner and this failure to file is due to a
401401 10 mental or physical condition sufficiently severe so as to
402402 11 render the applicant incapable of filing the application in a
403403 12 timely manner, the Chief County Assessment Officer may extend
404404 13 the filing deadline for a period of 30 days after the applicant
405405 14 regains the capability to file the application, but in no case
406406 15 may the filing deadline be extended beyond 3 months of the
407407 16 original filing deadline. In order to receive the extension
408408 17 provided in this paragraph, the applicant shall provide the
409409 18 Chief County Assessment Officer with a signed statement from
410410 19 the applicant's physician, advanced practice registered nurse,
411411 20 or physician assistant stating the nature and extent of the
412412 21 condition, that, in the physician's, advanced practice
413413 22 registered nurse's, or physician assistant's opinion, the
414414 23 condition was so severe that it rendered the applicant
415415 24 incapable of filing the application in a timely manner, and
416416 25 the date on which the applicant regained the capability to
417417 26 file the application.
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428428 1 Beginning January 1, 1998, notwithstanding any other
429429 2 provision to the contrary, in counties having fewer than
430430 3 3,000,000 inhabitants, if an applicant fails to file the
431431 4 application required by this Section in a timely manner and
432432 5 this failure to file is due to a mental or physical condition
433433 6 sufficiently severe so as to render the applicant incapable of
434434 7 filing the application in a timely manner, the Chief County
435435 8 Assessment Officer may extend the filing deadline for a period
436436 9 of 3 months. In order to receive the extension provided in this
437437 10 paragraph, the applicant shall provide the Chief County
438438 11 Assessment Officer with a signed statement from the
439439 12 applicant's physician, advanced practice registered nurse, or
440440 13 physician assistant stating the nature and extent of the
441441 14 condition, and that, in the physician's, advanced practice
442442 15 registered nurse's, or physician assistant's opinion, the
443443 16 condition was so severe that it rendered the applicant
444444 17 incapable of filing the application in a timely manner.
445445 18 In counties having less than 3,000,000 inhabitants, if an
446446 19 applicant was denied an exemption in taxable year 1994 and the
447447 20 denial occurred due to an error on the part of an assessment
448448 21 official, or his or her agent or employee, then beginning in
449449 22 taxable year 1997 the applicant's base year, for purposes of
450450 23 determining the amount of the exemption, shall be 1993 rather
451451 24 than 1994. In addition, in taxable year 1997, the applicant's
452452 25 exemption shall also include an amount equal to (i) the amount
453453 26 of any exemption denied to the applicant in taxable year 1995
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464464 1 as a result of using 1994, rather than 1993, as the base year,
465465 2 (ii) the amount of any exemption denied to the applicant in
466466 3 taxable year 1996 as a result of using 1994, rather than 1993,
467467 4 as the base year, and (iii) the amount of the exemption
468468 5 erroneously denied for taxable year 1994.
469469 6 For purposes of this Section, a person who will be 65 years
470470 7 of age during the current taxable year shall be eligible to
471471 8 apply for the homestead exemption during that taxable year.
472472 9 Application shall be made during the application period in
473473 10 effect for the county of his or her residence.
474474 11 The Chief County Assessment Officer may determine the
475475 12 eligibility of a life care facility that qualifies as a
476476 13 cooperative to receive the benefits provided by this Section
477477 14 by use of an affidavit, application, visual inspection,
478478 15 questionnaire, or other reasonable method in order to insure
479479 16 that the tax savings resulting from the exemption are credited
480480 17 by the management firm to the apportioned tax liability of
481481 18 each qualifying resident. The Chief County Assessment Officer
482482 19 may request reasonable proof that the management firm has so
483483 20 credited that exemption.
484484 21 Except as provided in this Section, all information
485485 22 received by the chief county assessment officer or the
486486 23 Department from applications filed under this Section, or from
487487 24 any investigation conducted under the provisions of this
488488 25 Section, shall be confidential, except for official purposes
489489 26 or pursuant to official procedures for collection of any State
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500500 1 or local tax or enforcement of any civil or criminal penalty or
501501 2 sanction imposed by this Act or by any statute or ordinance
502502 3 imposing a State or local tax. Any person who divulges any such
503503 4 information in any manner, except in accordance with a proper
504504 5 judicial order, is guilty of a Class A misdemeanor.
505505 6 Nothing contained in this Section shall prevent the
506506 7 Director or chief county assessment officer from publishing or
507507 8 making available reasonable statistics concerning the
508508 9 operation of the exemption contained in this Section in which
509509 10 the contents of claims are grouped into aggregates in such a
510510 11 way that information contained in any individual claim shall
511511 12 not be disclosed.
512512 13 Notwithstanding any other provision of law, for taxable
513513 14 year 2017 and thereafter, in counties of 3,000,000 or more
514514 15 inhabitants, the amount of the exemption shall be the greater
515515 16 of (i) the amount of the exemption otherwise calculated under
516516 17 this Section or (ii) $2,000.
517517 18 (c-5) Notwithstanding any other provision of law, each
518518 19 chief county assessment officer may approve this exemption for
519519 20 the 2020 taxable year, without application, for any property
520520 21 that was approved for this exemption for the 2019 taxable
521521 22 year, provided that:
522522 23 (1) the county board has declared a local disaster as
523523 24 provided in the Illinois Emergency Management Agency Act
524524 25 related to the COVID-19 public health emergency;
525525 26 (2) the owner of record of the property as of January
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536536 1 1, 2020 is the same as the owner of record of the property
537537 2 as of January 1, 2019;
538538 3 (3) the exemption for the 2019 taxable year has not
539539 4 been determined to be an erroneous exemption as defined by
540540 5 this Code; and
541541 6 (4) the applicant for the 2019 taxable year has not
542542 7 asked for the exemption to be removed for the 2019 or 2020
543543 8 taxable years.
544544 9 Nothing in this subsection shall preclude or impair the
545545 10 authority of a chief county assessment officer to conduct
546546 11 audits of any taxpayer claiming an exemption under this
547547 12 Section to verify that the taxpayer is eligible to receive the
548548 13 exemption as provided elsewhere in this Section.
549549 14 (c-10) Notwithstanding any other provision of law, each
550550 15 chief county assessment officer may approve this exemption for
551551 16 the 2021 taxable year, without application, for any property
552552 17 that was approved for this exemption for the 2020 taxable
553553 18 year, if:
554554 19 (1) the county board has declared a local disaster as
555555 20 provided in the Illinois Emergency Management Agency Act
556556 21 related to the COVID-19 public health emergency;
557557 22 (2) the owner of record of the property as of January
558558 23 1, 2021 is the same as the owner of record of the property
559559 24 as of January 1, 2020;
560560 25 (3) the exemption for the 2020 taxable year has not
561561 26 been determined to be an erroneous exemption as defined by
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572572 1 this Code; and
573573 2 (4) the taxpayer for the 2020 taxable year has not
574574 3 asked for the exemption to be removed for the 2020 or 2021
575575 4 taxable years.
576576 5 Nothing in this subsection shall preclude or impair the
577577 6 authority of a chief county assessment officer to conduct
578578 7 audits of any taxpayer claiming an exemption under this
579579 8 Section to verify that the taxpayer is eligible to receive the
580580 9 exemption as provided elsewhere in this Section.
581581 10 (d) Each Chief County Assessment Officer shall annually
582582 11 publish a notice of availability of the exemption provided
583583 12 under this Section. The notice shall be published at least 60
584584 13 days but no more than 75 days prior to the date on which the
585585 14 application must be submitted to the Chief County Assessment
586586 15 Officer of the county in which the property is located. The
587587 16 notice shall appear in a newspaper of general circulation in
588588 17 the county.
589589 18 Notwithstanding Sections 6 and 8 of the State Mandates
590590 19 Act, no reimbursement by the State is required for the
591591 20 implementation of any mandate created by this Section.
592592 21 (Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21;
593593 22 102-895, eff. 5-23-22.)
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