SB 2072 — PROP TAX FREEZE-DISABLED

*LRB09519154BDD45374b* SB2072 95THEngrossed GENERALLRB095 ASSEMBLY19154 StateBDD of45374 Illinoisb andAN 2008ACT SB2072regarding Introduceddisabled 2/14/2008,persons. by Sen.

Carole Pankau and John J.

Millner SYNOPSIS AS INTRODUCED:

ILCS 200/14-20 ILCS 200/15-172 ILCS 805/8.32 new Amends the Property Tax Code.

Includes disabled persons within the provisions granting an assessment freeze homestead exemption to senior citizens.

Changes the name to the Senior Citizens and Disabled Persons Assessment FreezeHomesteadExemption (now Senior Citizens Assessment Freeze Homestead Exemption).

Makes corresponding changes to a cross-reference to the exemption.

Amends the States Mandates Act to require implementation without reimbursement.

Effective immediately.

LRB095 19154 BDD 45374 b FISCAL NOTE ACT HOUSING MAY APPLY AFFORDABILITY IMPACT NOTE ACT MAY APPLY A BILL FOR SB2072 LRB095 19154 BDD 45374 b AN ACT regarding disabled persons.

In any county with less than 3,000,000 inhabitants, if an owner fails to file an application for the Senior Citizens and Disabled Persons Assessment Freeze Homestead Exemption provided in Section 15-172 during the previous assessment year and qualifies for the exemption, the Chief County Assessment Officer pursuant to this Section, or the Board of Review pursuant to Section 16-75, shall issue a certificate of error setting forth the correct SB2072 Engrossed - 2 - LRB095 19154 BDD 45374 b taxable valuation of the property.

"Base year" means the taxable year prior to the taxable year for which the applicant first qualifies and applies for the exemption provided that in the prior taxable year the property was improved with a permanent structure that was occupied as a residence by the applicant who was liable for SB2072 Engrossed - 3 - LRB095 19154 BDD 45374 b paying real property taxes on the property and who was either (i) an owner of record of the property or had legal or equitable interest in the property as evidenced by a written instrument or (ii) had a legal or equitable interest as a lessee in the parcel of property that was single family residence.

SB2072 Engrossed - 4 - LRB095 19154 BDD 45374 b "Chief County Assessment Officer" means the County Assessor or Supervisor of Assessments of the county in which the property is located.

"Household income" means the combined income of the members of a household for the calendar year preceding the taxable SB2072 Engrossed - 5 - LRB095 19154 BDD 45374 b year.

If the Chief County Assessment Officer has established a specific legal description for a portion of SB2072 Engrossed - 6 - LRB095 19154 BDD 45374 b property constituting the residence, then that portion of property shall be deemed the residence for the purposes of this Section.

SB2072 Engrossed - 7 - LRB095 19154 BDD 45374 b In counties of 3,000,000 or more inhabitants, the amount of the exemption for all taxable years is the equalized assessed value of the residence in the taxable year for which application is made minus the base amount.

(4) For an applicant who has a household income exceeding $47,500 but not exceeding $48,750, the amount of SB2072 Engrossed - 8 - LRB095 19154 BDD 45374 b the exemption is (i) the equalized assessed value of the residence in the taxable year for which application is made minus the base amount (ii) multiplied by 0.4.

In the case of land improved with an apartment building owned and operated as a cooperative or a building that is a life care facility that qualifies as a cooperative, the maximum reduction from the equalized assessed value of the property is limited to the sum of the reductions calculated for each unit occupied as a residence by a person or persons (i) 65 years of age or older, or a disabled person, (ii) with a household SB2072 Engrossed - 9 - LRB095 19154 BDD 45374 b income that does not exceed the maximum income limitation, (iii) who is liable, by contract with the owner or owners of record, for paying real property taxes on the property, and (iv) who is an owner of record of a legal or equitable interest in the cooperative apartment building, other than a leasehold interest.

Beginning January 1, 1997, for senior citizens and January 1, 2008 for disabled persons, when an individual dies who would have qualified for an exemption under this Section, and the surviving spouse does not independently qualify for this exemption because of age or nondisability, the exemption under this Section shall be granted to the surviving spouse for the SB2072 Engrossed - 10 - LRB095 19154 BDD 45374 b taxable year preceding and the taxable year of the death, provided that, except for age or nondisability, the surviving spouse meets all other qualifications for the granting of this exemption for those years.

The applicant shall SB2072 Engrossed - 11 - LRB095 19154 BDD 45374 b submit with the application an affidavit of the applicant’s total household income, age, marital status (and if married the name and address of the applicant’s spouse, if known), disability (if applying for the exemption as a disabled person), and principal dwelling place of members of the household on January 1 of the taxable year.

Notwithstanding any other provision to the contrary, in counties having fewer than 3,000,000 inhabitants, if an applicant fails to file the application required by this Section in a timely manner and this failure to file is due to a mental or physical condition sufficiently severe so as to render the applicant incapable of filing the application in a SB2072 Engrossed - 12 - LRB095 19154 BDD 45374 b timely manner, the Chief County Assessment Officer may extend the filing deadline for a period of 30 days after the applicant regains the capability to file the application, but in no case may the filing deadline be extended beyond 3 months of the original filing deadline.

In order to receive the extension provided in this paragraph, the applicant shall provide the Chief County Assessment Officer with a signed statement from the applicant’s physician stating the nature and extent of the condition, and that, in the physician’s opinion, the condition was so severe that it rendered the applicant incapable of filing the SB2072 Engrossed - 13 - LRB095 19154 BDD 45374 b application in a timely manner.

The Chief County Assessment Officer may determine the eligibility of a life care facility that qualifies as a cooperative to receive the benefits provided by this Section by use of an affidavit, application, visual inspection, questionnaire, or other reasonable method in order to insure SB2072 Engrossed - 14 - LRB095 19154 BDD 45374 b that the tax savings resulting from the exemption are credited by the management firm to the apportioned tax liability of each qualifying resident.

The notice shall be published at least 60 SB2072 Engrossed - 15 - LRB095 19154 BDD 45374 b days but no more than 75 days prior to the date on which the application must be submitted to the Chief County Assessment Officer of the county in which the property is located.