Bill Text: IL HB3797 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Senior Citizens Real Estate Tax Deferral Act. Provides that, for the 2017 assessment year and thereafter, the total amount of the deferral under the Act shall not exceed $6,000 (currently, $5,000) per taxpayer in each tax year. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3797 Detail]

Download: Illinois-2017-HB3797-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3797 Introduced 2/10/2017, by Rep. Daniel V. Beiser SYNOPSIS AS INTRODUCED:
320 ILCS 30/3 from Ch. 67 1/2, par. 453
Amends the Senior Citizens Real Estate Tax Deferral Act. Provides that, for the 2017 assessment year and thereafter, the total amount of the deferral under the Act shall not exceed $6,000 (currently, $5,000) per taxpayer in each tax year. Effective immediately.
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FISCAL NOTE ACT MAY APPLY HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning revenue.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Senior Citizens Real Estate Tax Deferral Act
is amended by changing Section 3 as follows:
(320 ILCS 30/3) (from Ch. 67 1/2, par. 453)
Sec. 3. A taxpayer may, on or before March 1 of each year,
apply to the county collector of the county where his
qualifying property is located, or to the official designated
by a unit of local government to collect special assessments on
the qualifying property, as the case may be, for a deferral of
all or a part of real estate taxes payable during that year for
the preceding year in the case of real estate taxes other than
special assessments, or for a deferral of any installments
payable during that year in the case of special assessments, on
all or part of his qualifying property. The application shall
be on a form prescribed by the Department and furnished by the
collector, (a) showing that the applicant will be 65 years of
age or older by June 1 of the year for which a tax deferral is
claimed, (b) describing the property and verifying that the
property is qualifying property as defined in Section 2, (c)
certifying that the taxpayer has owned and occupied as his
residence such property or other qualifying property in the

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State for at least the last 3 years except for any periods
during which the taxpayer may have temporarily resided in a
nursing or sheltered care home, and (d) specifying whether the
deferral is for all or a part of the taxes, and, if for a part,
the amount of deferral applied for. As to qualifying property
not having a separate assessed valuation, the taxpayer shall
also file with the county collector a written appraisal of the
property prepared by a qualified real estate appraiser together
with a certificate signed by the appraiser stating that he has
personally examined the property and setting forth the value of
the land and the value of the buildings thereon occupied by the
taxpayer as his residence.
The collector shall grant the tax deferral provided such
deferral does not exceed funds available in the Senior Citizens
Real Estate Deferred Tax Revolving Fund and provided that the
owner or owners of such real property have entered into a tax
deferral and recovery agreement with the collector on behalf of
the county or other unit of local government, which agreement
expressly states:
(1) That the total amount of taxes deferred under this Act,
plus interest, for the year for which a tax deferral is claimed
as well as for those previous years for which taxes are not
delinquent and for which such deferral has been claimed may not
exceed 80% of the taxpayer's equity interest in the property
for which taxes are to be deferred and that, if the total
deferred taxes plus interest equals 80% of the taxpayer's

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equity interest in the property, the taxpayer shall thereafter
pay the annual interest due on such deferred taxes plus
interest so that total deferred taxes plus interest will not
exceed such 80% of the taxpayer's equity interest in the
property. For Effective as of the January 1, 2011 assessment
year or tax year 2012 through assessment year 2016 and
thereafter, the total amount of any such deferral shall not
exceed $5,000 per taxpayer in each tax year. For the 2017
assessment year and thereafter, the total amount of any such
deferral shall not exceed $6,000 per taxpayer in each tax year.
(2) That any real estate taxes deferred under this Act and
any interest accrued thereon at the rate of 6% per year are a
lien on the real estate and improvements thereon until paid. No
sale or transfer of such real property may be legally closed
and recorded until the taxes which would otherwise have been
due on the property, plus accrued interest, have been paid
unless the collector certifies in writing that an arrangement
for prompt payment of the amount due has been made with his
office. The same shall apply if the property is to be made the
subject of a contract of sale.
(3) That upon the death of the taxpayer claiming the
deferral the heirs-at-law, assignees or legatees shall have
first priority to the real property upon which taxes have been
deferred by paying in full the total taxes which would
otherwise have been due, plus interest. However, if such
heir-at-law, assignee, or legatee is a surviving spouse, the

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tax deferred status of the property shall be continued during
the life of that surviving spouse if the spouse is 55 years of
age or older within 6 months of the date of death of the
taxpayer and enters into a tax deferral and recovery agreement
before the time when deferred taxes become due under this
Section. Any additional taxes deferred, plus interest, on the
real property under a tax deferral and recovery agreement
signed by a surviving spouse shall be added to the taxes and
interest which would otherwise have been due, and the payment
of which has been postponed during the life of such surviving
spouse, in determining the 80% equity requirement provided by
this Section.
(4) That if the taxes due, plus interest, are not paid by
the heir-at-law, assignee or legatee or if payment is not
postponed during the life of a surviving spouse, the deferred
taxes and interest shall be recovered from the estate of the
taxpayer within one year of the date of his death. In addition,
deferred real estate taxes and any interest accrued thereon are
due within 90 days after any tax deferred property ceases to be
qualifying property as defined in Section 2.
If payment is not made when required by this Section,
foreclosure proceedings may be instituted under the Property
Tax Code.
(5) That any joint owner has given written prior approval
for such agreement, which written approval shall be made a part
of such agreement.

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(6) That a guardian for a person under legal disability
appointed for a taxpayer who otherwise qualifies under this Act
may act for the taxpayer in complying with this Act.
(7) That a taxpayer or his agent has provided to the
satisfaction of the collector, sufficient evidence that the
qualifying property on which the taxes are to be deferred is
insured against fire or casualty loss for at least the total
amount of taxes which have been deferred.
If the taxes to be deferred are special assessments, the
unit of local government making the assessments shall forward a
copy of the agreement entered into pursuant to this Section and
the bills for such assessments to the county collector of the
county in which the qualifying property is located.
(Source: P.A. 97-481, eff. 8-22-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.