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Public Act 91-0894
SB1249 Enrolled LRB9107254PTpk
AN ACT to amend the Longtime Owner-Occupant Property Tax
Relief Act by changing Section 15.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Longtime Owner-Occupant Property Tax
Relief Act is amended by changing Section 15 as follows:
(35 ILCS 250/15)
Sec. 15. Deferral or exemption authority.
(a) The corporate authorities of a county shall have the
power to provide, by ordinance or resolution, for uniform
special real property tax relief provisions granting longtime
owner-occupants a deferral or exemption, or combination
thereof, in the payment of that portion of an increase of
real property taxes which is due to an increase in the market
value of the real property as a consequence of the
refurbishing or renovating of other residences or the
construction of new residences in long-established
residential areas or areas of deteriorated, vacant or
abandoned homes and properties. A deferral or exemption, or
combination thereof, may be granted until the longtime
owner-occupant transfers title to the property.
The ordinance or resolution must include a provision
requiring that eligibility notification of the special real
property tax relief be delivered to the record owner of the
property taxed. The eligibility notification shall be mailed
to the address of the record owner on file with the county.
If the notification is mailed by the county to a mortgagee
because it is the only address of the record owner filed with
the county, then the mortgagee shall, within 30 days of
receipt, forward a copy of the notice to each mortgagor of
the property. There shall be no liability for the failure of
the mortgagee to forward the notice to each mortgagor.
(b) The corporate authority of a county is authorized to
enact ordinances or resolutions that provide for the
designation of areas eligible for the special real property
tax relief provisions under this Act. Before enacting an
ordinance or resolution that proposes designating such an
area, the corporate authorities shall conduct a public
hearing on the proposed ordinance or resolution.
(c) School districts and municipalities within a county
have authority to determine their participation in the
program of special real property tax relief within their
taxing jurisdictions. The provisions of this subsection shall
not apply to municipalities and school districts included
under subsection (d) of this Section.
(d) Notwithstanding any provision to the contrary, if
the corporate authority of a county with 3,000,000 or more
inhabitants enacts an ordinance or resolution in accordance
with subsection (c), a municipality having a population
exceeding 500,000 within that county and a school district in
a municipality having a population exceeding 500,000 within
that county must participate in the program of special
property tax relief within their taxing jurisdiction. This
subsection is a denial and limitation of home rule powers and
functions under subsection (g) of Section 6 of Article VII of
the Illinois Constitution.
(Source: P.A. 89-127, eff. 1-1-96; 90-648, eff. 7-24-98.)
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