Legislative Drafting Class Project Will Improve Tax Notification for Seniors

The Center for Disability and Elder Law presented its Impact Award to students from the Legislative Drafting class. Accepting the honor were (from left) students Louis Raymond and Heather Daniel with Dean John Corkery and Adjunct Professor Kevin Hull.

The Center for Disability and Elder Law (CDEL) presented its Impact Award to Adjunct Professor Kevin Hull and his 13 students from the fall 2011 semester’s Legislative Drafting course for their assistance in writing a bill that is set to make changes on property tax notifications for senior citizens.

The award was presented to John Marshall Dean John Corkery, Hull and students at the CDEL Winter Benefit on Feb. 22, 2012, in recognition of the class’s work that is expected to have a profound impact on homeowners.

Hull chose this issue for his class after First District Appellate Court Justice Aurelia Pucinski brought the problem to the attention of CDEL. She learned of seniors who had the ability to pay, but lost their homes due to tax delinquency when they failed to properly read tax bills.

Hull and students Jason Cotey, Heather Daniel, Katherine Gaughan, Maureen Horcher, Michelle Jenkins, Asha Jessop, Cali Madia, Brian Pilon, Rachel Ryan, Louis Raymond, Joshua Scanlon, Jeffrey Theriault and Stephanie Williams found the issue to be a compelling one and agreed to draft legislation that is assigned to the Senate’s Revenue Committee in the Illinois legislature during the spring session. Sen. John Mulroe (D-Chicago) is sponsoring SB3381.

The class was advised on the project by attorneys Anthony O’Neill and Benjamin Whipple of Williams Montgomery & John, who do pro bono work for CDEL.

Whipple said the proposed legislation calls for all tax collectors to mail a Senior Citizen Information Notice with each property tax bill. The notice will serve three purposes: 1) alert taxpayers on the need to pay the property taxes; 2) remind taxpayers to register for available exemptions; 3) be a reminder that homeowners who recently paid off their mortgages are now responsible for paying their property taxes.

In addition, the legislation calls for a notice being sent to senior citizens who have applied for or received the Senior Citizens Homestead Exemption and have not paid their taxes within 30 days of the due date. That notice from the local assessor is meant as a reminder that taxes are past due.

The additional costs for these notices will be covered by a new fee imposed when property is purchased for delinquent taxes, Whipple explained.

“Often senior citizens fail to pay their tax bills and lose their home in tax sales not because of their inability to pay but because they don’t fully understand the legal requirements,” said Susan Keegan, director of the Center for Disability and Elder Law. “Many seniors will ultimately benefit from the work of this group” from The John Marshall Law School and the firm of  Williams Montgomery & John.

Hull has taught Legislative Drafting since 2007. After graduating from John Marshall in 2000, Hull served as an assistant counsel to Illinois House Speaker Michael Madigan.

“My students learn the nuts and bolts of the legislative process in a curriculum that immerses them into issues in the municipal, state, and federal levels. CDEL, in partnership with the law firm of Williams, Montgomery & John, offered my students a rare chance to plot a solution in drafting legislation for state policy,” Hull said.

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