Illinois 2025-2026 Regular Session

Illinois House Bill HB2530 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2530 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-172 Amends the Property Tax Code. Provides that the amount of unreimbursed medical and dental expenses incurred by members of the applicant's household during the taxable year may be deducted from the applicant's income for the purpose of determining eligibility for the low-income senior citizens assessment freeze homestead exemption. Effective immediately. LRB104 09381 HLH 19440 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2530 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-172 35 ILCS 200/15-172 Amends the Property Tax Code. Provides that the amount of unreimbursed medical and dental expenses incurred by members of the applicant's household during the taxable year may be deducted from the applicant's income for the purpose of determining eligibility for the low-income senior citizens assessment freeze homestead exemption. Effective immediately. LRB104 09381 HLH 19440 b LRB104 09381 HLH 19440 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2530 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
33 35 ILCS 200/15-172 35 ILCS 200/15-172
44 35 ILCS 200/15-172
55 Amends the Property Tax Code. Provides that the amount of unreimbursed medical and dental expenses incurred by members of the applicant's household during the taxable year may be deducted from the applicant's income for the purpose of determining eligibility for the low-income senior citizens assessment freeze homestead exemption. Effective immediately.
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1111 1 AN ACT concerning revenue.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Property Tax Code is amended by changing
1515 5 Section 15-172 as follows:
1616 6 (35 ILCS 200/15-172)
1717 7 Sec. 15-172. Low-Income Senior Citizens Assessment Freeze
1818 8 Homestead Exemption.
1919 9 (a) This Section may be cited as the Low-Income Senior
2020 10 Citizens Assessment Freeze Homestead Exemption.
2121 11 (b) As used in this Section:
2222 12 "Applicant" means an individual who has filed an
2323 13 application under this Section.
2424 14 "Base amount" means the base year equalized assessed value
2525 15 of the residence plus the first year's equalized assessed
2626 16 value of any added improvements which increased the assessed
2727 17 value of the residence after the base year.
2828 18 "Base year" means the taxable year prior to the taxable
2929 19 year for which the applicant first qualifies and applies for
3030 20 the exemption provided that in the prior taxable year the
3131 21 property was improved with a permanent structure that was
3232 22 occupied as a residence by the applicant who was liable for
3333 23 paying real property taxes on the property and who was either
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2530 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
3838 35 ILCS 200/15-172 35 ILCS 200/15-172
3939 35 ILCS 200/15-172
4040 Amends the Property Tax Code. Provides that the amount of unreimbursed medical and dental expenses incurred by members of the applicant's household during the taxable year may be deducted from the applicant's income for the purpose of determining eligibility for the low-income senior citizens assessment freeze homestead exemption. Effective immediately.
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6868 1 (i) an owner of record of the property or had legal or
6969 2 equitable interest in the property as evidenced by a written
7070 3 instrument or (ii) had a legal or equitable interest as a
7171 4 lessee in the parcel of property that was single family
7272 5 residence. If in any subsequent taxable year for which the
7373 6 applicant applies and qualifies for the exemption the
7474 7 equalized assessed value of the residence is less than the
7575 8 equalized assessed value in the existing base year (provided
7676 9 that such equalized assessed value is not based on an assessed
7777 10 value that results from a temporary irregularity in the
7878 11 property that reduces the assessed value for one or more
7979 12 taxable years), then that subsequent taxable year shall become
8080 13 the base year until a new base year is established under the
8181 14 terms of this paragraph. For taxable year 1999 only, the Chief
8282 15 County Assessment Officer shall review (i) all taxable years
8383 16 for which the applicant applied and qualified for the
8484 17 exemption and (ii) the existing base year. The assessment
8585 18 officer shall select as the new base year the year with the
8686 19 lowest equalized assessed value. An equalized assessed value
8787 20 that is based on an assessed value that results from a
8888 21 temporary irregularity in the property that reduces the
8989 22 assessed value for one or more taxable years shall not be
9090 23 considered the lowest equalized assessed value. The selected
9191 24 year shall be the base year for taxable year 1999 and
9292 25 thereafter until a new base year is established under the
9393 26 terms of this paragraph.
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104104 1 "Chief County Assessment Officer" means the County
105105 2 Assessor or Supervisor of Assessments of the county in which
106106 3 the property is located.
107107 4 "Equalized assessed value" means the assessed value as
108108 5 equalized by the Illinois Department of Revenue.
109109 6 "Household" means the applicant, the spouse of the
110110 7 applicant, and all persons using the residence of the
111111 8 applicant as their principal place of residence.
112112 9 "Household income" means the combined income of the
113113 10 members of a household for the calendar year preceding the
114114 11 taxable year.
115115 12 "Income" has the same meaning as provided in Section 3.07
116116 13 of the Senior Citizens and Persons with Disabilities Property
117117 14 Tax Relief Act, except that, beginning in assessment year
118118 15 2001, "income" does not include veteran's benefits. Beginning
119119 16 in taxable year 2026, the amount of unreimbursed medical and
120120 17 dental expenses incurred by members of the applicant's
121121 18 household during the taxable year may be deducted from the
122122 19 applicant's income.
123123 20 "Internal Revenue Code of 1986" means the United States
124124 21 Internal Revenue Code of 1986 or any successor law or laws
125125 22 relating to federal income taxes in effect for the year
126126 23 preceding the taxable year.
127127 24 "Life care facility that qualifies as a cooperative" means
128128 25 a facility as defined in Section 2 of the Life Care Facilities
129129 26 Act.
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140140 1 "Maximum income limitation" means:
141141 2 (1) $35,000 prior to taxable year 1999;
142142 3 (2) $40,000 in taxable years 1999 through 2003;
143143 4 (3) $45,000 in taxable years 2004 through 2005;
144144 5 (4) $50,000 in taxable years 2006 and 2007;
145145 6 (5) $55,000 in taxable years 2008 through 2016;
146146 7 (6) for taxable year 2017, (i) $65,000 for qualified
147147 8 property located in a county with 3,000,000 or more
148148 9 inhabitants and (ii) $55,000 for qualified property
149149 10 located in a county with fewer than 3,000,000 inhabitants;
150150 11 and
151151 12 (7) for taxable years 2018 and thereafter, $65,000 for
152152 13 all qualified property.
153153 14 As an alternative income valuation, a homeowner who is
154154 15 enrolled in any of the following programs may be presumed to
155155 16 have household income that does not exceed the maximum income
156156 17 limitation for that tax year as required by this Section: Aid
157157 18 to the Aged, Blind or Disabled (AABD) Program or the
158158 19 Supplemental Nutrition Assistance Program (SNAP), both of
159159 20 which are administered by the Department of Human Services;
160160 21 the Low Income Home Energy Assistance Program (LIHEAP), which
161161 22 is administered by the Department of Commerce and Economic
162162 23 Opportunity; The Benefit Access program, which is administered
163163 24 by the Department on Aging; and the Senior Citizens Real
164164 25 Estate Tax Deferral Program.
165165 26 A chief county assessment officer may indicate that he or
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176176 1 she has verified an applicant's income eligibility for this
177177 2 exemption but may not report which program or programs, if
178178 3 any, enroll the applicant. Release of personal information
179179 4 submitted pursuant to this Section shall be deemed an
180180 5 unwarranted invasion of personal privacy under the Freedom of
181181 6 Information Act.
182182 7 "Residence" means the principal dwelling place and
183183 8 appurtenant structures used for residential purposes in this
184184 9 State occupied on January 1 of the taxable year by a household
185185 10 and so much of the surrounding land, constituting the parcel
186186 11 upon which the dwelling place is situated, as is used for
187187 12 residential purposes. If the Chief County Assessment Officer
188188 13 has established a specific legal description for a portion of
189189 14 property constituting the residence, then that portion of
190190 15 property shall be deemed the residence for the purposes of
191191 16 this Section.
192192 17 "Taxable year" means the calendar year during which ad
193193 18 valorem property taxes payable in the next succeeding year are
194194 19 levied.
195195 20 (c) Beginning in taxable year 1994, a low-income senior
196196 21 citizens assessment freeze homestead exemption is granted for
197197 22 real property that is improved with a permanent structure that
198198 23 is occupied as a residence by an applicant who (i) is 65 years
199199 24 of age or older during the taxable year, (ii) has a household
200200 25 income that does not exceed the maximum income limitation,
201201 26 (iii) is liable for paying real property taxes on the
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212212 1 property, and (iv) is an owner of record of the property or has
213213 2 a legal or equitable interest in the property as evidenced by a
214214 3 written instrument. This homestead exemption shall also apply
215215 4 to a leasehold interest in a parcel of property improved with a
216216 5 permanent structure that is a single family residence that is
217217 6 occupied as a residence by a person who (i) is 65 years of age
218218 7 or older during the taxable year, (ii) has a household income
219219 8 that does not exceed the maximum income limitation, (iii) has
220220 9 a legal or equitable ownership interest in the property as
221221 10 lessee, and (iv) is liable for the payment of real property
222222 11 taxes on that property.
223223 12 In counties of 3,000,000 or more inhabitants, the amount
224224 13 of the exemption for all taxable years is the equalized
225225 14 assessed value of the residence in the taxable year for which
226226 15 application is made minus the base amount. In all other
227227 16 counties, the amount of the exemption is as follows: (i)
228228 17 through taxable year 2005 and for taxable year 2007 and
229229 18 thereafter, the amount of this exemption shall be the
230230 19 equalized assessed value of the residence in the taxable year
231231 20 for which application is made minus the base amount; and (ii)
232232 21 for taxable year 2006, the amount of the exemption is as
233233 22 follows:
234234 23 (1) For an applicant who has a household income of
235235 24 $45,000 or less, the amount of the exemption is the
236236 25 equalized assessed value of the residence in the taxable
237237 26 year for which application is made minus the base amount.
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248248 1 (2) For an applicant who has a household income
249249 2 exceeding $45,000 but not exceeding $46,250, the amount of
250250 3 the exemption is (i) the equalized assessed value of the
251251 4 residence in the taxable year for which application is
252252 5 made minus the base amount (ii) multiplied by 0.8.
253253 6 (3) For an applicant who has a household income
254254 7 exceeding $46,250 but not exceeding $47,500, the amount of
255255 8 the exemption is (i) the equalized assessed value of the
256256 9 residence in the taxable year for which application is
257257 10 made minus the base amount (ii) multiplied by 0.6.
258258 11 (4) For an applicant who has a household income
259259 12 exceeding $47,500 but not exceeding $48,750, the amount of
260260 13 the exemption is (i) the equalized assessed value of the
261261 14 residence in the taxable year for which application is
262262 15 made minus the base amount (ii) multiplied by 0.4.
263263 16 (5) For an applicant who has a household income
264264 17 exceeding $48,750 but not exceeding $50,000, the amount of
265265 18 the exemption is (i) the equalized assessed value of the
266266 19 residence in the taxable year for which application is
267267 20 made minus the base amount (ii) multiplied by 0.2.
268268 21 When the applicant is a surviving spouse of an applicant
269269 22 for a prior year for the same residence for which an exemption
270270 23 under this Section has been granted, the base year and base
271271 24 amount for that residence are the same as for the applicant for
272272 25 the prior year.
273273 26 Each year at the time the assessment books are certified
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284284 1 to the County Clerk, the Board of Review or Board of Appeals
285285 2 shall give to the County Clerk a list of the assessed values of
286286 3 improvements on each parcel qualifying for this exemption that
287287 4 were added after the base year for this parcel and that
288288 5 increased the assessed value of the property.
289289 6 In the case of land improved with an apartment building
290290 7 owned and operated as a cooperative or a building that is a
291291 8 life care facility that qualifies as a cooperative, the
292292 9 maximum reduction from the equalized assessed value of the
293293 10 property is limited to the sum of the reductions calculated
294294 11 for each unit occupied as a residence by a person or persons
295295 12 (i) 65 years of age or older, (ii) with a household income that
296296 13 does not exceed the maximum income limitation, (iii) who is
297297 14 liable, by contract with the owner or owners of record, for
298298 15 paying real property taxes on the property, and (iv) who is an
299299 16 owner of record of a legal or equitable interest in the
300300 17 cooperative apartment building, other than a leasehold
301301 18 interest. In the instance of a cooperative where a homestead
302302 19 exemption has been granted under this Section, the cooperative
303303 20 association or its management firm shall credit the savings
304304 21 resulting from that exemption only to the apportioned tax
305305 22 liability of the owner who qualified for the exemption. Any
306306 23 person who willfully refuses to credit that savings to an
307307 24 owner who qualifies for the exemption is guilty of a Class B
308308 25 misdemeanor.
309309 26 When a homestead exemption has been granted under this
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320320 1 Section and an applicant then becomes a resident of a facility
321321 2 licensed under the Assisted Living and Shared Housing Act, the
322322 3 Nursing Home Care Act, the Specialized Mental Health
323323 4 Rehabilitation Act of 2013, the ID/DD Community Care Act, or
324324 5 the MC/DD Act, the exemption shall be granted in subsequent
325325 6 years so long as the residence (i) continues to be occupied by
326326 7 the qualified applicant's spouse or (ii) if remaining
327327 8 unoccupied, is still owned by the qualified applicant for the
328328 9 homestead exemption.
329329 10 Beginning January 1, 1997, when an individual dies who
330330 11 would have qualified for an exemption under this Section, and
331331 12 the surviving spouse does not independently qualify for this
332332 13 exemption because of age, the exemption under this Section
333333 14 shall be granted to the surviving spouse for the taxable year
334334 15 preceding and the taxable year of the death, provided that,
335335 16 except for age, the surviving spouse meets all other
336336 17 qualifications for the granting of this exemption for those
337337 18 years.
338338 19 When married persons maintain separate residences, the
339339 20 exemption provided for in this Section may be claimed by only
340340 21 one of such persons and for only one residence.
341341 22 For taxable year 1994 only, in counties having less than
342342 23 3,000,000 inhabitants, to receive the exemption, a person
343343 24 shall submit an application by February 15, 1995 to the Chief
344344 25 County Assessment Officer of the county in which the property
345345 26 is located. In counties having 3,000,000 or more inhabitants,
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356356 1 for taxable year 1994 and all subsequent taxable years, to
357357 2 receive the exemption, a person may submit an application to
358358 3 the Chief County Assessment Officer of the county in which the
359359 4 property is located during such period as may be specified by
360360 5 the Chief County Assessment Officer. The Chief County
361361 6 Assessment Officer in counties of 3,000,000 or more
362362 7 inhabitants shall annually give notice of the application
363363 8 period by mail or by publication. In counties having less than
364364 9 3,000,000 inhabitants, beginning with taxable year 1995 and
365365 10 thereafter, to receive the exemption, a person shall submit an
366366 11 application by July 1 of each taxable year to the Chief County
367367 12 Assessment Officer of the county in which the property is
368368 13 located. A county may, by ordinance, establish a date for
369369 14 submission of applications that is different than July 1. The
370370 15 applicant shall submit with the application an affidavit of
371371 16 the applicant's total household income, age, marital status
372372 17 (and if married the name and address of the applicant's
373373 18 spouse, if known), and principal dwelling place of members of
374374 19 the household on January 1 of the taxable year. The Department
375375 20 shall establish, by rule, a method for verifying the accuracy
376376 21 of affidavits filed by applicants under this Section, and the
377377 22 Chief County Assessment Officer may conduct audits of any
378378 23 taxpayer claiming an exemption under this Section to verify
379379 24 that the taxpayer is eligible to receive the exemption. Each
380380 25 application shall contain or be verified by a written
381381 26 declaration that it is made under the penalties of perjury. A
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392392 1 taxpayer's signing a fraudulent application under this Act is
393393 2 perjury, as defined in Section 32-2 of the Criminal Code of
394394 3 2012. The applications shall be clearly marked as applications
395395 4 for the Low-Income Senior Citizens Assessment Freeze Homestead
396396 5 Exemption and must contain a notice that any taxpayer who
397397 6 receives the exemption is subject to an audit by the Chief
398398 7 County Assessment Officer.
399399 8 Notwithstanding any other provision to the contrary, in
400400 9 counties having fewer than 3,000,000 inhabitants, if an
401401 10 applicant fails to file the application required by this
402402 11 Section in a timely manner and this failure to file is due to a
403403 12 mental or physical condition sufficiently severe so as to
404404 13 render the applicant incapable of filing the application in a
405405 14 timely manner, the Chief County Assessment Officer may extend
406406 15 the filing deadline for a period of 30 days after the applicant
407407 16 regains the capability to file the application, but in no case
408408 17 may the filing deadline be extended beyond 3 months of the
409409 18 original filing deadline. In order to receive the extension
410410 19 provided in this paragraph, the applicant shall provide the
411411 20 Chief County Assessment Officer with a signed statement from
412412 21 the applicant's physician, advanced practice registered nurse,
413413 22 or physician assistant stating the nature and extent of the
414414 23 condition, that, in the physician's, advanced practice
415415 24 registered nurse's, or physician assistant's opinion, the
416416 25 condition was so severe that it rendered the applicant
417417 26 incapable of filing the application in a timely manner, and
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428428 1 the date on which the applicant regained the capability to
429429 2 file the application.
430430 3 Beginning January 1, 1998, notwithstanding any other
431431 4 provision to the contrary, in counties having fewer than
432432 5 3,000,000 inhabitants, if an applicant fails to file the
433433 6 application required by this Section in a timely manner and
434434 7 this failure to file is due to a mental or physical condition
435435 8 sufficiently severe so as to render the applicant incapable of
436436 9 filing the application in a timely manner, the Chief County
437437 10 Assessment Officer may extend the filing deadline for a period
438438 11 of 3 months. In order to receive the extension provided in this
439439 12 paragraph, the applicant shall provide the Chief County
440440 13 Assessment Officer with a signed statement from the
441441 14 applicant's physician, advanced practice registered nurse, or
442442 15 physician assistant stating the nature and extent of the
443443 16 condition, and that, in the physician's, advanced practice
444444 17 registered nurse's, or physician assistant's opinion, the
445445 18 condition was so severe that it rendered the applicant
446446 19 incapable of filing the application in a timely manner.
447447 20 In counties having less than 3,000,000 inhabitants, if an
448448 21 applicant was denied an exemption in taxable year 1994 and the
449449 22 denial occurred due to an error on the part of an assessment
450450 23 official, or his or her agent or employee, then beginning in
451451 24 taxable year 1997 the applicant's base year, for purposes of
452452 25 determining the amount of the exemption, shall be 1993 rather
453453 26 than 1994. In addition, in taxable year 1997, the applicant's
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464464 1 exemption shall also include an amount equal to (i) the amount
465465 2 of any exemption denied to the applicant in taxable year 1995
466466 3 as a result of using 1994, rather than 1993, as the base year,
467467 4 (ii) the amount of any exemption denied to the applicant in
468468 5 taxable year 1996 as a result of using 1994, rather than 1993,
469469 6 as the base year, and (iii) the amount of the exemption
470470 7 erroneously denied for taxable year 1994.
471471 8 For purposes of this Section, a person who will be 65 years
472472 9 of age during the current taxable year shall be eligible to
473473 10 apply for the homestead exemption during that taxable year.
474474 11 Application shall be made during the application period in
475475 12 effect for the county of his or her residence.
476476 13 The Chief County Assessment Officer may determine the
477477 14 eligibility of a life care facility that qualifies as a
478478 15 cooperative to receive the benefits provided by this Section
479479 16 by use of an affidavit, application, visual inspection,
480480 17 questionnaire, or other reasonable method in order to insure
481481 18 that the tax savings resulting from the exemption are credited
482482 19 by the management firm to the apportioned tax liability of
483483 20 each qualifying resident. The Chief County Assessment Officer
484484 21 may request reasonable proof that the management firm has so
485485 22 credited that exemption.
486486 23 Except as provided in this Section, all information
487487 24 received by the chief county assessment officer or the
488488 25 Department from applications filed under this Section, or from
489489 26 any investigation conducted under the provisions of this
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500500 1 Section, shall be confidential, except for official purposes
501501 2 or pursuant to official procedures for collection of any State
502502 3 or local tax or enforcement of any civil or criminal penalty or
503503 4 sanction imposed by this Act or by any statute or ordinance
504504 5 imposing a State or local tax. Any person who divulges any such
505505 6 information in any manner, except in accordance with a proper
506506 7 judicial order, is guilty of a Class A misdemeanor.
507507 8 Nothing contained in this Section shall prevent the
508508 9 Director or chief county assessment officer from publishing or
509509 10 making available reasonable statistics concerning the
510510 11 operation of the exemption contained in this Section in which
511511 12 the contents of claims are grouped into aggregates in such a
512512 13 way that information contained in any individual claim shall
513513 14 not be disclosed.
514514 15 Notwithstanding any other provision of law, for taxable
515515 16 year 2017 and thereafter, in counties of 3,000,000 or more
516516 17 inhabitants, the amount of the exemption shall be the greater
517517 18 of (i) the amount of the exemption otherwise calculated under
518518 19 this Section or (ii) $2,000.
519519 20 (c-5) Notwithstanding any other provision of law, each
520520 21 chief county assessment officer may approve this exemption for
521521 22 the 2020 taxable year, without application, for any property
522522 23 that was approved for this exemption for the 2019 taxable
523523 24 year, provided that:
524524 25 (1) the county board has declared a local disaster as
525525 26 provided in the Illinois Emergency Management Agency Act
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536536 1 related to the COVID-19 public health emergency;
537537 2 (2) the owner of record of the property as of January
538538 3 1, 2020 is the same as the owner of record of the property
539539 4 as of January 1, 2019;
540540 5 (3) the exemption for the 2019 taxable year has not
541541 6 been determined to be an erroneous exemption as defined by
542542 7 this Code; and
543543 8 (4) the applicant for the 2019 taxable year has not
544544 9 asked for the exemption to be removed for the 2019 or 2020
545545 10 taxable years.
546546 11 Nothing in this subsection shall preclude or impair the
547547 12 authority of a chief county assessment officer to conduct
548548 13 audits of any taxpayer claiming an exemption under this
549549 14 Section to verify that the taxpayer is eligible to receive the
550550 15 exemption as provided elsewhere in this Section.
551551 16 (c-10) Notwithstanding any other provision of law, each
552552 17 chief county assessment officer may approve this exemption for
553553 18 the 2021 taxable year, without application, for any property
554554 19 that was approved for this exemption for the 2020 taxable
555555 20 year, if:
556556 21 (1) the county board has declared a local disaster as
557557 22 provided in the Illinois Emergency Management Agency Act
558558 23 related to the COVID-19 public health emergency;
559559 24 (2) the owner of record of the property as of January
560560 25 1, 2021 is the same as the owner of record of the property
561561 26 as of January 1, 2020;
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572572 1 (3) the exemption for the 2020 taxable year has not
573573 2 been determined to be an erroneous exemption as defined by
574574 3 this Code; and
575575 4 (4) the taxpayer for the 2020 taxable year has not
576576 5 asked for the exemption to be removed for the 2020 or 2021
577577 6 taxable years.
578578 7 Nothing in this subsection shall preclude or impair the
579579 8 authority of a chief county assessment officer to conduct
580580 9 audits of any taxpayer claiming an exemption under this
581581 10 Section to verify that the taxpayer is eligible to receive the
582582 11 exemption as provided elsewhere in this Section.
583583 12 (d) Each Chief County Assessment Officer shall annually
584584 13 publish a notice of availability of the exemption provided
585585 14 under this Section. The notice shall be published at least 60
586586 15 days but no more than 75 days prior to the date on which the
587587 16 application must be submitted to the Chief County Assessment
588588 17 Officer of the county in which the property is located. The
589589 18 notice shall appear in a newspaper of general circulation in
590590 19 the county.
591591 20 Notwithstanding Sections 6 and 8 of the State Mandates
592592 21 Act, no reimbursement by the State is required for the
593593 22 implementation of any mandate created by this Section.
594594 23 (Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21;
595595 24 102-895, eff. 5-23-22.)
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