Illinois 2025-2026 Regular Session

Illinois House Bill HB1614 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1614 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-168 Amends the Property Tax Code. Provides that an applicant who receives the homestead exemption for persons with disabilities and who submits documentation by the examining provider that the applicant is totally and permanently disabled need not be reexamined to receive the exemption in a subsequent taxable year, provided that (i) the applicant attaches the original documentation of total and permanent disability to his or her application in the subsequent taxable year, (ii) the exemption has not been deemed erroneous since the last application, and (iii) the claimant has not reported their ineligibility to receive the exemption. LRB104 05851 HLH 15882 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1614 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-168 35 ILCS 200/15-168 Amends the Property Tax Code. Provides that an applicant who receives the homestead exemption for persons with disabilities and who submits documentation by the examining provider that the applicant is totally and permanently disabled need not be reexamined to receive the exemption in a subsequent taxable year, provided that (i) the applicant attaches the original documentation of total and permanent disability to his or her application in the subsequent taxable year, (ii) the exemption has not been deemed erroneous since the last application, and (iii) the claimant has not reported their ineligibility to receive the exemption. LRB104 05851 HLH 15882 b LRB104 05851 HLH 15882 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1614 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED:
33 35 ILCS 200/15-168 35 ILCS 200/15-168
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55 Amends the Property Tax Code. Provides that an applicant who receives the homestead exemption for persons with disabilities and who submits documentation by the examining provider that the applicant is totally and permanently disabled need not be reexamined to receive the exemption in a subsequent taxable year, provided that (i) the applicant attaches the original documentation of total and permanent disability to his or her application in the subsequent taxable year, (ii) the exemption has not been deemed erroneous since the last application, and (iii) the claimant has not reported their ineligibility to receive the exemption.
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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 15-168 as follows:
1616 6 (35 ILCS 200/15-168)
1717 7 Sec. 15-168. Homestead exemption for persons with
1818 8 disabilities.
1919 9 (a) Beginning with taxable year 2007, an annual homestead
2020 10 exemption is granted to persons with disabilities in the
2121 11 amount of $2,000, except as provided in subsection (c), to be
2222 12 deducted from the property's value as equalized or assessed by
2323 13 the Department of Revenue. The person with a disability shall
2424 14 receive the homestead exemption upon meeting the following
2525 15 requirements:
2626 16 (1) The property must be occupied as the primary
2727 17 residence by the person with a disability.
2828 18 (2) The person with a disability must be liable for
2929 19 paying the real estate taxes on the property.
3030 20 (3) The person with a disability must be an owner of
3131 21 record of the property or have a legal or equitable
3232 22 interest in the property as evidenced by a written
3333 23 instrument. In the case of a leasehold interest in
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3838 35 ILCS 200/15-168 35 ILCS 200/15-168
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4040 Amends the Property Tax Code. Provides that an applicant who receives the homestead exemption for persons with disabilities and who submits documentation by the examining provider that the applicant is totally and permanently disabled need not be reexamined to receive the exemption in a subsequent taxable year, provided that (i) the applicant attaches the original documentation of total and permanent disability to his or her application in the subsequent taxable year, (ii) the exemption has not been deemed erroneous since the last application, and (iii) the claimant has not reported their ineligibility to receive the exemption.
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6868 1 property, the lease must be for a single family residence.
6969 2 A person who has a disability during the taxable year is
7070 3 eligible to apply for this homestead exemption during that
7171 4 taxable year. Application must be made during the application
7272 5 period in effect for the county of residence. If a homestead
7373 6 exemption has been granted under this Section and the person
7474 7 awarded the exemption subsequently becomes a resident of a
7575 8 facility licensed under the Nursing Home Care Act, the
7676 9 Specialized Mental Health Rehabilitation Act of 2013, the
7777 10 ID/DD Community Care Act, or the MC/DD Act, then the exemption
7878 11 shall continue (i) so long as the residence continues to be
7979 12 occupied by the qualifying person's spouse or (ii) if the
8080 13 residence remains unoccupied but is still owned by the person
8181 14 qualified for the homestead exemption.
8282 15 (b) For the purposes of this Section, "person with a
8383 16 disability" means a person unable to engage in any substantial
8484 17 gainful activity by reason of a medically determinable
8585 18 physical or mental impairment which can be expected to result
8686 19 in death or has lasted or can be expected to last for a
8787 20 continuous period of not less than 12 months. Persons with
8888 21 disabilities filing claims under this Act shall submit proof
8989 22 of disability in such form and manner as the Department shall
9090 23 by rule and regulation prescribe. Proof that a claimant is
9191 24 eligible to receive disability benefits under the Federal
9292 25 Social Security Act shall constitute proof of disability for
9393 26 purposes of this Act. Issuance of an Illinois Person with a
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104104 1 Disability Identification Card stating that the claimant is
105105 2 under a Class 2 disability, as defined in Section 4A of the
106106 3 Illinois Identification Card Act, shall constitute proof that
107107 4 the person named thereon is a person with a disability for
108108 5 purposes of this Act. A person with a disability not covered
109109 6 under the Federal Social Security Act and not presenting an
110110 7 Illinois Person with a Disability Identification Card stating
111111 8 that the claimant is under a Class 2 disability shall be
112112 9 examined by a physician, optometrist (if the person qualifies
113113 10 because of a visual disability), advanced practice registered
114114 11 nurse, or physician assistant designated by the Department,
115115 12 and his status as a person with a disability determined using
116116 13 the same standards as used by the Social Security
117117 14 Administration. The costs of any required examination shall be
118118 15 borne by the claimant. An applicant who receives an exemption
119119 16 under this Section and who submits documentation by the
120120 17 examining physician, optometrist (if the person qualifies
121121 18 because of a visual disability), advanced practice registered
122122 19 nurse, or physician assistant that the applicant is totally
123123 20 and permanently disabled need not be reexamined to receive the
124124 21 exemption under this Section in a subsequent taxable year,
125125 22 provided that (i) the applicant attaches the original
126126 23 documentation of total and permanent disability to his or her
127127 24 application in the subsequent taxable year, (ii) the exemption
128128 25 has not been deemed erroneous since the last application, and
129129 26 (iii) the claimant has not reported their ineligibility to
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140140 1 receive the exemption.
141141 2 (c) For land improved with (i) an apartment building owned
142142 3 and operated as a cooperative or (ii) a life care facility as
143143 4 defined under Section 2 of the Life Care Facilities Act that is
144144 5 considered to be a cooperative, the maximum reduction from the
145145 6 value of the property, as equalized or assessed by the
146146 7 Department, shall be multiplied by the number of apartments or
147147 8 units occupied by a person with a disability. The person with a
148148 9 disability shall receive the homestead exemption upon meeting
149149 10 the following requirements:
150150 11 (1) The property must be occupied as the primary
151151 12 residence by the person with a disability.
152152 13 (2) The person with a disability must be liable by
153153 14 contract with the owner or owners of record for paying the
154154 15 apportioned property taxes on the property of the
155155 16 cooperative or life care facility. In the case of a life
156156 17 care facility, the person with a disability must be liable
157157 18 for paying the apportioned property taxes under a life
158158 19 care contract as defined in Section 2 of the Life Care
159159 20 Facilities Act.
160160 21 (3) The person with a disability must be an owner of
161161 22 record of a legal or equitable interest in the cooperative
162162 23 apartment building. A leasehold interest does not meet
163163 24 this requirement.
164164 25 If a homestead exemption is granted under this subsection, the
165165 26 cooperative association or management firm shall credit the
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176176 1 savings resulting from the exemption to the apportioned tax
177177 2 liability of the qualifying person with a disability. The
178178 3 chief county assessment officer may request reasonable proof
179179 4 that the association or firm has properly credited the
180180 5 exemption. A person who willfully refuses to credit an
181181 6 exemption to the qualified person with a disability is guilty
182182 7 of a Class B misdemeanor.
183183 8 (d) The chief county assessment officer shall determine
184184 9 the eligibility of property to receive the homestead exemption
185185 10 according to guidelines established by the Department. After a
186186 11 person has received an exemption under this Section, an annual
187187 12 verification of eligibility for the exemption shall be mailed
188188 13 to the taxpayer.
189189 14 In counties with fewer than 3,000,000 inhabitants, the
190190 15 chief county assessment officer shall provide to each person
191191 16 granted a homestead exemption under this Section a form to
192192 17 designate any other person to receive a duplicate of any
193193 18 notice of delinquency in the payment of taxes assessed and
194194 19 levied under this Code on the person's qualifying property.
195195 20 The duplicate notice shall be in addition to the notice
196196 21 required to be provided to the person receiving the exemption
197197 22 and shall be given in the manner required by this Code. The
198198 23 person filing the request for the duplicate notice shall pay
199199 24 an administrative fee of $5 to the chief county assessment
200200 25 officer. The assessment officer shall then file the executed
201201 26 designation with the county collector, who shall issue the
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212212 1 duplicate notices as indicated by the designation. A
213213 2 designation may be rescinded by the person with a disability
214214 3 in the manner required by the chief county assessment officer.
215215 4 (d-5) Notwithstanding any other provision of law, each
216216 5 chief county assessment officer may approve this exemption for
217217 6 the 2020 taxable year, without application, for any property
218218 7 that was approved for this exemption for the 2019 taxable
219219 8 year, provided that:
220220 9 (1) the county board has declared a local disaster as
221221 10 provided in the Illinois Emergency Management Agency Act
222222 11 related to the COVID-19 public health emergency;
223223 12 (2) the owner of record of the property as of January
224224 13 1, 2020 is the same as the owner of record of the property
225225 14 as of January 1, 2019;
226226 15 (3) the exemption for the 2019 taxable year has not
227227 16 been determined to be an erroneous exemption as defined by
228228 17 this Code; and
229229 18 (4) the applicant for the 2019 taxable year has not
230230 19 asked for the exemption to be removed for the 2019 or 2020
231231 20 taxable years.
232232 21 (d-10) Notwithstanding any other provision of law, each
233233 22 chief county assessment officer may approve this exemption for
234234 23 the 2021 taxable year, without application, for any property
235235 24 that was approved for this exemption for the 2020 taxable
236236 25 year, if:
237237 26 (1) the county board has declared a local disaster as
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248248 1 provided in the Illinois Emergency Management Agency Act
249249 2 related to the COVID-19 public health emergency;
250250 3 (2) the owner of record of the property as of January
251251 4 1, 2021 is the same as the owner of record of the property
252252 5 as of January 1, 2020;
253253 6 (3) the exemption for the 2020 taxable year has not
254254 7 been determined to be an erroneous exemption as defined by
255255 8 this Code; and
256256 9 (4) the taxpayer for the 2020 taxable year has not
257257 10 asked for the exemption to be removed for the 2020 or 2021
258258 11 taxable years.
259259 12 (d-15) For taxable years 2022 through 2027, in any county
260260 13 of more than 3,000,000 residents, and in any other county
261261 14 where the county board has authorized such action by ordinance
262262 15 or resolution, a chief county assessment officer may renew
263263 16 this exemption for any person who applied for the exemption
264264 17 and presented proof of eligibility, as described in subsection
265265 18 (b), without an annual application as required under
266266 19 subsection (d). A chief county assessment officer shall not
267267 20 automatically renew an exemption under this subsection if: the
268268 21 physician, advanced practice registered nurse, optometrist, or
269269 22 physician assistant who examined the claimant determined that
270270 23 the disability is not expected to continue for 12 months or
271271 24 more; the exemption has been deemed erroneous since the last
272272 25 application; or the claimant has reported their ineligibility
273273 26 to receive the exemption. A chief county assessment officer
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