Illinois 2025-2026 Regular Session

Illinois House Bill HB1867 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1867 Introduced , by Rep. Elizabeth "Lisa" Hernandez SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-172305 ILCS 20/6 from Ch. 111 2/3, par. 1406 Amends the Property Tax Code. Provides that the maximum income limitation under the Low-Income Senior Citizens Assessment Freeze Homestead Exemption shall be adjusted each year by the annual cost of living increase, if any, in Social Security and Supplemental Security Income benefits that took effect during the immediately preceding calendar year. Amends the Energy Assistance Act. Provides that eligibility limits under the energy assistance program may not exceed the greater of (1) 150% of the federal nonfarm poverty level as established by the federal Office of Management and Budget or 60% of the State median income for the current State fiscal year as established by the U.S. Department of Health and Human Services, whichever is higher; or (2) the eligibility limit for the immediately preceding calendar year, increased by the annual cost of living increase, if any, in Social Security and Supplemental Security Income benefits that took effect during the immediately preceding calendar year. Effective immediately. LRB104 08531 HLH 18583 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1867 Introduced , by Rep. Elizabeth "Lisa" Hernandez SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-172305 ILCS 20/6 from Ch. 111 2/3, par. 1406 35 ILCS 200/15-172 305 ILCS 20/6 from Ch. 111 2/3, par. 1406 Amends the Property Tax Code. Provides that the maximum income limitation under the Low-Income Senior Citizens Assessment Freeze Homestead Exemption shall be adjusted each year by the annual cost of living increase, if any, in Social Security and Supplemental Security Income benefits that took effect during the immediately preceding calendar year. Amends the Energy Assistance Act. Provides that eligibility limits under the energy assistance program may not exceed the greater of (1) 150% of the federal nonfarm poverty level as established by the federal Office of Management and Budget or 60% of the State median income for the current State fiscal year as established by the U.S. Department of Health and Human Services, whichever is higher; or (2) the eligibility limit for the immediately preceding calendar year, increased by the annual cost of living increase, if any, in Social Security and Supplemental Security Income benefits that took effect during the immediately preceding calendar year. Effective immediately. LRB104 08531 HLH 18583 b LRB104 08531 HLH 18583 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1867 Introduced , by Rep. Elizabeth "Lisa" Hernandez SYNOPSIS AS INTRODUCED:
33 35 ILCS 200/15-172305 ILCS 20/6 from Ch. 111 2/3, par. 1406 35 ILCS 200/15-172 305 ILCS 20/6 from Ch. 111 2/3, par. 1406
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55 305 ILCS 20/6 from Ch. 111 2/3, par. 1406
66 Amends the Property Tax Code. Provides that the maximum income limitation under the Low-Income Senior Citizens Assessment Freeze Homestead Exemption shall be adjusted each year by the annual cost of living increase, if any, in Social Security and Supplemental Security Income benefits that took effect during the immediately preceding calendar year. Amends the Energy Assistance Act. Provides that eligibility limits under the energy assistance program may not exceed the greater of (1) 150% of the federal nonfarm poverty level as established by the federal Office of Management and Budget or 60% of the State median income for the current State fiscal year as established by the U.S. Department of Health and Human Services, whichever is higher; or (2) the eligibility limit for the immediately preceding calendar year, increased by the annual cost of living increase, if any, in Social Security and Supplemental Security Income benefits that took effect during the immediately preceding calendar year. Effective immediately.
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1212 1 AN ACT concerning revenue.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Property Tax Code is amended by changing
1616 5 Section 15-172 as follows:
1717 6 (35 ILCS 200/15-172)
1818 7 Sec. 15-172. Low-Income Senior Citizens Assessment Freeze
1919 8 Homestead Exemption.
2020 9 (a) This Section may be cited as the Low-Income Senior
2121 10 Citizens Assessment Freeze Homestead Exemption.
2222 11 (b) As used in this Section:
2323 12 "Applicant" means an individual who has filed an
2424 13 application under this Section.
2525 14 "Base amount" means the base year equalized assessed value
2626 15 of the residence plus the first year's equalized assessed
2727 16 value of any added improvements which increased the assessed
2828 17 value of the residence after the base year.
2929 18 "Base year" means the taxable year prior to the taxable
3030 19 year for which the applicant first qualifies and applies for
3131 20 the exemption provided that in the prior taxable year the
3232 21 property was improved with a permanent structure that was
3333 22 occupied as a residence by the applicant who was liable for
3434 23 paying real property taxes on the property and who was either
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1867 Introduced , by Rep. Elizabeth "Lisa" Hernandez SYNOPSIS AS INTRODUCED:
3939 35 ILCS 200/15-172305 ILCS 20/6 from Ch. 111 2/3, par. 1406 35 ILCS 200/15-172 305 ILCS 20/6 from Ch. 111 2/3, par. 1406
4040 35 ILCS 200/15-172
4141 305 ILCS 20/6 from Ch. 111 2/3, par. 1406
4242 Amends the Property Tax Code. Provides that the maximum income limitation under the Low-Income Senior Citizens Assessment Freeze Homestead Exemption shall be adjusted each year by the annual cost of living increase, if any, in Social Security and Supplemental Security Income benefits that took effect during the immediately preceding calendar year. Amends the Energy Assistance Act. Provides that eligibility limits under the energy assistance program may not exceed the greater of (1) 150% of the federal nonfarm poverty level as established by the federal Office of Management and Budget or 60% of the State median income for the current State fiscal year as established by the U.S. Department of Health and Human Services, whichever is higher; or (2) the eligibility limit for the immediately preceding calendar year, increased by the annual cost of living increase, if any, in Social Security and Supplemental Security Income benefits that took effect during the immediately preceding calendar year. Effective immediately.
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7171 1 (i) an owner of record of the property or had legal or
7272 2 equitable interest in the property as evidenced by a written
7373 3 instrument or (ii) had a legal or equitable interest as a
7474 4 lessee in the parcel of property that was single family
7575 5 residence. If in any subsequent taxable year for which the
7676 6 applicant applies and qualifies for the exemption the
7777 7 equalized assessed value of the residence is less than the
7878 8 equalized assessed value in the existing base year (provided
7979 9 that such equalized assessed value is not based on an assessed
8080 10 value that results from a temporary irregularity in the
8181 11 property that reduces the assessed value for one or more
8282 12 taxable years), then that subsequent taxable year shall become
8383 13 the base year until a new base year is established under the
8484 14 terms of this paragraph. For taxable year 1999 only, the Chief
8585 15 County Assessment Officer shall review (i) all taxable years
8686 16 for which the applicant applied and qualified for the
8787 17 exemption and (ii) the existing base year. The assessment
8888 18 officer shall select as the new base year the year with the
8989 19 lowest equalized assessed value. An equalized assessed value
9090 20 that is based on an assessed value that results from a
9191 21 temporary irregularity in the property that reduces the
9292 22 assessed value for one or more taxable years shall not be
9393 23 considered the lowest equalized assessed value. The selected
9494 24 year shall be the base year for taxable year 1999 and
9595 25 thereafter until a new base year is established under the
9696 26 terms of this paragraph.
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107107 1 "Chief County Assessment Officer" means the County
108108 2 Assessor or Supervisor of Assessments of the county in which
109109 3 the property is located.
110110 4 "Equalized assessed value" means the assessed value as
111111 5 equalized by the Illinois Department of Revenue.
112112 6 "Household" means the applicant, the spouse of the
113113 7 applicant, and all persons using the residence of the
114114 8 applicant as their principal place of residence.
115115 9 "Household income" means the combined income of the
116116 10 members of a household for the calendar year preceding the
117117 11 taxable year.
118118 12 "Income" has the same meaning as provided in Section 3.07
119119 13 of the Senior Citizens and Persons with Disabilities Property
120120 14 Tax Relief Act, except that, beginning in assessment year
121121 15 2001, "income" does not include veteran's benefits.
122122 16 "Internal Revenue Code of 1986" means the United States
123123 17 Internal Revenue Code of 1986 or any successor law or laws
124124 18 relating to federal income taxes in effect for the year
125125 19 preceding the taxable year.
126126 20 "Life care facility that qualifies as a cooperative" means
127127 21 a facility as defined in Section 2 of the Life Care Facilities
128128 22 Act.
129129 23 "Maximum income limitation" means:
130130 24 (1) $35,000 prior to taxable year 1999;
131131 25 (2) $40,000 in taxable years 1999 through 2003;
132132 26 (3) $45,000 in taxable years 2004 through 2005;
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143143 1 (4) $50,000 in taxable years 2006 and 2007;
144144 2 (5) $55,000 in taxable years 2008 through 2016;
145145 3 (6) for taxable year 2017, (i) $65,000 for qualified
146146 4 property located in a county with 3,000,000 or more
147147 5 inhabitants and (ii) $55,000 for qualified property
148148 6 located in a county with fewer than 3,000,000 inhabitants;
149149 7 and
150150 8 (7) for taxable years 2018 through 2025 and
151151 9 thereafter, $65,000 for all qualified property; and .
152152 10 (8) for taxable years 2026 and thereafter, the maximum
153153 11 income limitation for the immediately preceding taxable
154154 12 year, increased by the annual cost of living increase, if
155155 13 any, in Social Security and Supplemental Security Income
156156 14 benefits that took effect during the immediately preceding
157157 15 calendar year. On or before February 1 of the taxable year
158158 16 in which the increase in the maximum income limitation
159159 17 under this item (8) takes place, the Department of Revenue
160160 18 shall calculate the new maximum income limitation and
161161 19 publish that amount on its website.
162162 20 As an alternative income valuation, a homeowner who is
163163 21 enrolled in any of the following programs may be presumed to
164164 22 have household income that does not exceed the maximum income
165165 23 limitation for that tax year as required by this Section: Aid
166166 24 to the Aged, Blind or Disabled (AABD) Program or the
167167 25 Supplemental Nutrition Assistance Program (SNAP), both of
168168 26 which are administered by the Department of Human Services;
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179179 1 the Low Income Home Energy Assistance Program (LIHEAP), which
180180 2 is administered by the Department of Commerce and Economic
181181 3 Opportunity; The Benefit Access program, which is administered
182182 4 by the Department on Aging; and the Senior Citizens Real
183183 5 Estate Tax Deferral Program.
184184 6 A chief county assessment officer may indicate that he or
185185 7 she has verified an applicant's income eligibility for this
186186 8 exemption but may not report which program or programs, if
187187 9 any, enroll the applicant. Release of personal information
188188 10 submitted pursuant to this Section shall be deemed an
189189 11 unwarranted invasion of personal privacy under the Freedom of
190190 12 Information Act.
191191 13 "Residence" means the principal dwelling place and
192192 14 appurtenant structures used for residential purposes in this
193193 15 State occupied on January 1 of the taxable year by a household
194194 16 and so much of the surrounding land, constituting the parcel
195195 17 upon which the dwelling place is situated, as is used for
196196 18 residential purposes. If the Chief County Assessment Officer
197197 19 has established a specific legal description for a portion of
198198 20 property constituting the residence, then that portion of
199199 21 property shall be deemed the residence for the purposes of
200200 22 this Section.
201201 23 "Taxable year" means the calendar year during which ad
202202 24 valorem property taxes payable in the next succeeding year are
203203 25 levied.
204204 26 (c) Beginning in taxable year 1994, a low-income senior
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215215 1 citizens assessment freeze homestead exemption is granted for
216216 2 real property that is improved with a permanent structure that
217217 3 is occupied as a residence by an applicant who (i) is 65 years
218218 4 of age or older during the taxable year, (ii) has a household
219219 5 income that does not exceed the maximum income limitation,
220220 6 (iii) is liable for paying real property taxes on the
221221 7 property, and (iv) is an owner of record of the property or has
222222 8 a legal or equitable interest in the property as evidenced by a
223223 9 written instrument. This homestead exemption shall also apply
224224 10 to a leasehold interest in a parcel of property improved with a
225225 11 permanent structure that is a single family residence that is
226226 12 occupied as a residence by a person who (i) is 65 years of age
227227 13 or older during the taxable year, (ii) has a household income
228228 14 that does not exceed the maximum income limitation, (iii) has
229229 15 a legal or equitable ownership interest in the property as
230230 16 lessee, and (iv) is liable for the payment of real property
231231 17 taxes on that property.
232232 18 In counties of 3,000,000 or more inhabitants, the amount
233233 19 of the exemption for all taxable years is the equalized
234234 20 assessed value of the residence in the taxable year for which
235235 21 application is made minus the base amount. In all other
236236 22 counties, the amount of the exemption is as follows: (i)
237237 23 through taxable year 2005 and for taxable year 2007 and
238238 24 thereafter, the amount of this exemption shall be the
239239 25 equalized assessed value of the residence in the taxable year
240240 26 for which application is made minus the base amount; and (ii)
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251251 1 for taxable year 2006, the amount of the exemption is as
252252 2 follows:
253253 3 (1) For an applicant who has a household income of
254254 4 $45,000 or less, the amount of the exemption is the
255255 5 equalized assessed value of the residence in the taxable
256256 6 year for which application is made minus the base amount.
257257 7 (2) For an applicant who has a household income
258258 8 exceeding $45,000 but not exceeding $46,250, the amount of
259259 9 the exemption is (i) the equalized assessed value of the
260260 10 residence in the taxable year for which application is
261261 11 made minus the base amount (ii) multiplied by 0.8.
262262 12 (3) For an applicant who has a household income
263263 13 exceeding $46,250 but not exceeding $47,500, the amount of
264264 14 the exemption is (i) the equalized assessed value of the
265265 15 residence in the taxable year for which application is
266266 16 made minus the base amount (ii) multiplied by 0.6.
267267 17 (4) For an applicant who has a household income
268268 18 exceeding $47,500 but not exceeding $48,750, the amount of
269269 19 the exemption is (i) the equalized assessed value of the
270270 20 residence in the taxable year for which application is
271271 21 made minus the base amount (ii) multiplied by 0.4.
272272 22 (5) For an applicant who has a household income
273273 23 exceeding $48,750 but not exceeding $50,000, the amount of
274274 24 the exemption is (i) the equalized assessed value of the
275275 25 residence in the taxable year for which application is
276276 26 made minus the base amount (ii) multiplied by 0.2.
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287287 1 When the applicant is a surviving spouse of an applicant
288288 2 for a prior year for the same residence for which an exemption
289289 3 under this Section has been granted, the base year and base
290290 4 amount for that residence are the same as for the applicant for
291291 5 the prior year.
292292 6 Each year at the time the assessment books are certified
293293 7 to the County Clerk, the Board of Review or Board of Appeals
294294 8 shall give to the County Clerk a list of the assessed values of
295295 9 improvements on each parcel qualifying for this exemption that
296296 10 were added after the base year for this parcel and that
297297 11 increased the assessed value of the property.
298298 12 In the case of land improved with an apartment building
299299 13 owned and operated as a cooperative or a building that is a
300300 14 life care facility that qualifies as a cooperative, the
301301 15 maximum reduction from the equalized assessed value of the
302302 16 property is limited to the sum of the reductions calculated
303303 17 for each unit occupied as a residence by a person or persons
304304 18 (i) 65 years of age or older, (ii) with a household income that
305305 19 does not exceed the maximum income limitation, (iii) who is
306306 20 liable, by contract with the owner or owners of record, for
307307 21 paying real property taxes on the property, and (iv) who is an
308308 22 owner of record of a legal or equitable interest in the
309309 23 cooperative apartment building, other than a leasehold
310310 24 interest. In the instance of a cooperative where a homestead
311311 25 exemption has been granted under this Section, the cooperative
312312 26 association or its management firm shall credit the savings
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323323 1 resulting from that exemption only to the apportioned tax
324324 2 liability of the owner who qualified for the exemption. Any
325325 3 person who willfully refuses to credit that savings to an
326326 4 owner who qualifies for the exemption is guilty of a Class B
327327 5 misdemeanor.
328328 6 When a homestead exemption has been granted under this
329329 7 Section and an applicant then becomes a resident of a facility
330330 8 licensed under the Assisted Living and Shared Housing Act, the
331331 9 Nursing Home Care Act, the Specialized Mental Health
332332 10 Rehabilitation Act of 2013, the ID/DD Community Care Act, or
333333 11 the MC/DD Act, the exemption shall be granted in subsequent
334334 12 years so long as the residence (i) continues to be occupied by
335335 13 the qualified applicant's spouse or (ii) if remaining
336336 14 unoccupied, is still owned by the qualified applicant for the
337337 15 homestead exemption.
338338 16 Beginning January 1, 1997, when an individual dies who
339339 17 would have qualified for an exemption under this Section, and
340340 18 the surviving spouse does not independently qualify for this
341341 19 exemption because of age, the exemption under this Section
342342 20 shall be granted to the surviving spouse for the taxable year
343343 21 preceding and the taxable year of the death, provided that,
344344 22 except for age, the surviving spouse meets all other
345345 23 qualifications for the granting of this exemption for those
346346 24 years.
347347 25 When married persons maintain separate residences, the
348348 26 exemption provided for in this Section may be claimed by only
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359359 1 one of such persons and for only one residence.
360360 2 For taxable year 1994 only, in counties having less than
361361 3 3,000,000 inhabitants, to receive the exemption, a person
362362 4 shall submit an application by February 15, 1995 to the Chief
363363 5 County Assessment Officer of the county in which the property
364364 6 is located. In counties having 3,000,000 or more inhabitants,
365365 7 for taxable year 1994 and all subsequent taxable years, to
366366 8 receive the exemption, a person may submit an application to
367367 9 the Chief County Assessment Officer of the county in which the
368368 10 property is located during such period as may be specified by
369369 11 the Chief County Assessment Officer. The Chief County
370370 12 Assessment Officer in counties of 3,000,000 or more
371371 13 inhabitants shall annually give notice of the application
372372 14 period by mail or by publication. In counties having less than
373373 15 3,000,000 inhabitants, beginning with taxable year 1995 and
374374 16 thereafter, to receive the exemption, a person shall submit an
375375 17 application by July 1 of each taxable year to the Chief County
376376 18 Assessment Officer of the county in which the property is
377377 19 located. A county may, by ordinance, establish a date for
378378 20 submission of applications that is different than July 1. The
379379 21 applicant shall submit with the application an affidavit of
380380 22 the applicant's total household income, age, marital status
381381 23 (and if married the name and address of the applicant's
382382 24 spouse, if known), and principal dwelling place of members of
383383 25 the household on January 1 of the taxable year. The Department
384384 26 shall establish, by rule, a method for verifying the accuracy
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395395 1 of affidavits filed by applicants under this Section, and the
396396 2 Chief County Assessment Officer may conduct audits of any
397397 3 taxpayer claiming an exemption under this Section to verify
398398 4 that the taxpayer is eligible to receive the exemption. Each
399399 5 application shall contain or be verified by a written
400400 6 declaration that it is made under the penalties of perjury. A
401401 7 taxpayer's signing a fraudulent application under this Act is
402402 8 perjury, as defined in Section 32-2 of the Criminal Code of
403403 9 2012. The applications shall be clearly marked as applications
404404 10 for the Low-Income Senior Citizens Assessment Freeze Homestead
405405 11 Exemption and must contain a notice that any taxpayer who
406406 12 receives the exemption is subject to an audit by the Chief
407407 13 County Assessment Officer.
408408 14 Notwithstanding any other provision to the contrary, in
409409 15 counties having fewer than 3,000,000 inhabitants, if an
410410 16 applicant fails to file the application required by this
411411 17 Section in a timely manner and this failure to file is due to a
412412 18 mental or physical condition sufficiently severe so as to
413413 19 render the applicant incapable of filing the application in a
414414 20 timely manner, the Chief County Assessment Officer may extend
415415 21 the filing deadline for a period of 30 days after the applicant
416416 22 regains the capability to file the application, but in no case
417417 23 may the filing deadline be extended beyond 3 months of the
418418 24 original filing deadline. In order to receive the extension
419419 25 provided in this paragraph, the applicant shall provide the
420420 26 Chief County Assessment Officer with a signed statement from
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431431 1 the applicant's physician, advanced practice registered nurse,
432432 2 or physician assistant stating the nature and extent of the
433433 3 condition, that, in the physician's, advanced practice
434434 4 registered nurse's, or physician assistant's opinion, the
435435 5 condition was so severe that it rendered the applicant
436436 6 incapable of filing the application in a timely manner, and
437437 7 the date on which the applicant regained the capability to
438438 8 file the application.
439439 9 Beginning January 1, 1998, notwithstanding any other
440440 10 provision to the contrary, in counties having fewer than
441441 11 3,000,000 inhabitants, if an applicant fails to file the
442442 12 application required by this Section in a timely manner and
443443 13 this failure to file is due to a mental or physical condition
444444 14 sufficiently severe so as to render the applicant incapable of
445445 15 filing the application in a timely manner, the Chief County
446446 16 Assessment Officer may extend the filing deadline for a period
447447 17 of 3 months. In order to receive the extension provided in this
448448 18 paragraph, the applicant shall provide the Chief County
449449 19 Assessment Officer with a signed statement from the
450450 20 applicant's physician, advanced practice registered nurse, or
451451 21 physician assistant stating the nature and extent of the
452452 22 condition, and that, in the physician's, advanced practice
453453 23 registered nurse's, or physician assistant's opinion, the
454454 24 condition was so severe that it rendered the applicant
455455 25 incapable of filing the application in a timely manner.
456456 26 In counties having less than 3,000,000 inhabitants, if an
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467467 1 applicant was denied an exemption in taxable year 1994 and the
468468 2 denial occurred due to an error on the part of an assessment
469469 3 official, or his or her agent or employee, then beginning in
470470 4 taxable year 1997 the applicant's base year, for purposes of
471471 5 determining the amount of the exemption, shall be 1993 rather
472472 6 than 1994. In addition, in taxable year 1997, the applicant's
473473 7 exemption shall also include an amount equal to (i) the amount
474474 8 of any exemption denied to the applicant in taxable year 1995
475475 9 as a result of using 1994, rather than 1993, as the base year,
476476 10 (ii) the amount of any exemption denied to the applicant in
477477 11 taxable year 1996 as a result of using 1994, rather than 1993,
478478 12 as the base year, and (iii) the amount of the exemption
479479 13 erroneously denied for taxable year 1994.
480480 14 For purposes of this Section, a person who will be 65 years
481481 15 of age during the current taxable year shall be eligible to
482482 16 apply for the homestead exemption during that taxable year.
483483 17 Application shall be made during the application period in
484484 18 effect for the county of his or her residence.
485485 19 The Chief County Assessment Officer may determine the
486486 20 eligibility of a life care facility that qualifies as a
487487 21 cooperative to receive the benefits provided by this Section
488488 22 by use of an affidavit, application, visual inspection,
489489 23 questionnaire, or other reasonable method in order to insure
490490 24 that the tax savings resulting from the exemption are credited
491491 25 by the management firm to the apportioned tax liability of
492492 26 each qualifying resident. The Chief County Assessment Officer
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503503 1 may request reasonable proof that the management firm has so
504504 2 credited that exemption.
505505 3 Except as provided in this Section, all information
506506 4 received by the chief county assessment officer or the
507507 5 Department from applications filed under this Section, or from
508508 6 any investigation conducted under the provisions of this
509509 7 Section, shall be confidential, except for official purposes
510510 8 or pursuant to official procedures for collection of any State
511511 9 or local tax or enforcement of any civil or criminal penalty or
512512 10 sanction imposed by this Act or by any statute or ordinance
513513 11 imposing a State or local tax. Any person who divulges any such
514514 12 information in any manner, except in accordance with a proper
515515 13 judicial order, is guilty of a Class A misdemeanor.
516516 14 Nothing contained in this Section shall prevent the
517517 15 Director or chief county assessment officer from publishing or
518518 16 making available reasonable statistics concerning the
519519 17 operation of the exemption contained in this Section in which
520520 18 the contents of claims are grouped into aggregates in such a
521521 19 way that information contained in any individual claim shall
522522 20 not be disclosed.
523523 21 Notwithstanding any other provision of law, for taxable
524524 22 year 2017 and thereafter, in counties of 3,000,000 or more
525525 23 inhabitants, the amount of the exemption shall be the greater
526526 24 of (i) the amount of the exemption otherwise calculated under
527527 25 this Section or (ii) $2,000.
528528 26 (c-5) Notwithstanding any other provision of law, each
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539539 1 chief county assessment officer may approve this exemption for
540540 2 the 2020 taxable year, without application, for any property
541541 3 that was approved for this exemption for the 2019 taxable
542542 4 year, provided that:
543543 5 (1) the county board has declared a local disaster as
544544 6 provided in the Illinois Emergency Management Agency Act
545545 7 related to the COVID-19 public health emergency;
546546 8 (2) the owner of record of the property as of January
547547 9 1, 2020 is the same as the owner of record of the property
548548 10 as of January 1, 2019;
549549 11 (3) the exemption for the 2019 taxable year has not
550550 12 been determined to be an erroneous exemption as defined by
551551 13 this Code; and
552552 14 (4) the applicant for the 2019 taxable year has not
553553 15 asked for the exemption to be removed for the 2019 or 2020
554554 16 taxable years.
555555 17 Nothing in this subsection shall preclude or impair the
556556 18 authority of a chief county assessment officer to conduct
557557 19 audits of any taxpayer claiming an exemption under this
558558 20 Section to verify that the taxpayer is eligible to receive the
559559 21 exemption as provided elsewhere in this Section.
560560 22 (c-10) Notwithstanding any other provision of law, each
561561 23 chief county assessment officer may approve this exemption for
562562 24 the 2021 taxable year, without application, for any property
563563 25 that was approved for this exemption for the 2020 taxable
564564 26 year, if:
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575575 1 (1) the county board has declared a local disaster as
576576 2 provided in the Illinois Emergency Management Agency Act
577577 3 related to the COVID-19 public health emergency;
578578 4 (2) the owner of record of the property as of January
579579 5 1, 2021 is the same as the owner of record of the property
580580 6 as of January 1, 2020;
581581 7 (3) the exemption for the 2020 taxable year has not
582582 8 been determined to be an erroneous exemption as defined by
583583 9 this Code; and
584584 10 (4) the taxpayer for the 2020 taxable year has not
585585 11 asked for the exemption to be removed for the 2020 or 2021
586586 12 taxable years.
587587 13 Nothing in this subsection shall preclude or impair the
588588 14 authority of a chief county assessment officer to conduct
589589 15 audits of any taxpayer claiming an exemption under this
590590 16 Section to verify that the taxpayer is eligible to receive the
591591 17 exemption as provided elsewhere in this Section.
592592 18 (d) Each Chief County Assessment Officer shall annually
593593 19 publish a notice of availability of the exemption provided
594594 20 under this Section. The notice shall be published at least 60
595595 21 days but no more than 75 days prior to the date on which the
596596 22 application must be submitted to the Chief County Assessment
597597 23 Officer of the county in which the property is located. The
598598 24 notice shall appear in a newspaper of general circulation in
599599 25 the county.
600600 26 Notwithstanding Sections 6 and 8 of the State Mandates
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611611 1 Act, no reimbursement by the State is required for the
612612 2 implementation of any mandate created by this Section.
613613 3 (Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21;
614614 4 102-895, eff. 5-23-22.)
615615 5 Section 10. The Energy Assistance Act is amended by
616616 6 changing Section 6 as follows:
617617 7 (305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
618618 8 Sec. 6. Eligibility, conditions of participation, and
619619 9 energy assistance.
620620 10 (a) Any person who is a resident of the State of Illinois
621621 11 and whose household income is not greater than an amount
622622 12 determined annually by the Department, in consultation with
623623 13 the Policy Advisory Council, may apply for assistance pursuant
624624 14 to this Act in accordance with regulations promulgated by the
625625 15 Department. In setting the annual eligibility level, the
626626 16 Department shall consider the amount of available funding. For
627627 17 calendar years beginning before January 1, 2026, the
628628 18 Department and may not set an eligibility a limit higher than
629629 19 150% of the federal nonfarm poverty level as established by
630630 20 the federal Office of Management and Budget or 60% of the State
631631 21 median income for the current State fiscal year as established
632632 22 by the U.S. Department of Health and Human Services; except
633633 23 that for the period from the effective date of this amendatory
634634 24 Act of the 101st General Assembly through June 30, 2021, the
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645645 1 Department may establish limits not higher than 200% of that
646646 2 poverty level. For calendar years beginning on or after
647647 3 January 1, 2026, the Department may not set eligibility limits
648648 4 that are higher than the greater of:
649649 5 (1) 150% of the federal nonfarm poverty level as
650650 6 established by the federal Office of Management and Budget
651651 7 or 60% of the State median income for the current State
652652 8 fiscal year as established by the U.S. Department of
653653 9 Health and Human Services, whichever is higher; or
654654 10 (2) the eligibility limit for the immediately
655655 11 preceding calendar year, increased by the annual cost of
656656 12 living increase, if any, in Social Security and
657657 13 Supplemental Security Income benefits that took effect
658658 14 during the immediately preceding calendar year.
659659 15 The Department, in consultation with the Policy Advisory
660660 16 Council, may adjust the percentage of poverty level annually
661661 17 in accordance with federal guidelines and based on funding
662662 18 availability.
663663 19 (b) Applicants who qualify for assistance pursuant to
664664 20 subsection (a) of this Section shall, subject to appropriation
665665 21 from the General Assembly and subject to availability of funds
666666 22 to the Department, receive energy assistance as provided by
667667 23 this Act. The Department, upon receipt of monies authorized
668668 24 pursuant to this Act for energy assistance, shall commit funds
669669 25 for each qualified applicant in an amount determined by the
670670 26 Department. In determining the amounts of assistance to be
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681681 1 provided to or on behalf of a qualified applicant, the
682682 2 Department shall ensure that the highest amounts of assistance
683683 3 go to households with the greatest energy costs in relation to
684684 4 household income. The Department shall include factors such as
685685 5 energy costs, household size, household income, and region of
686686 6 the State when determining individual household benefits. In
687687 7 setting assistance levels, the Department shall attempt to
688688 8 provide assistance to approximately the same number of
689689 9 households who participated in the 1991 Residential Energy
690690 10 Assistance Partnership Program. Such assistance levels shall
691691 11 be adjusted annually on the basis of funding availability and
692692 12 energy costs. In promulgating rules for the administration of
693693 13 this Section the Department shall assure that a minimum of 1/3
694694 14 of funds available for benefits to eligible households with
695695 15 the lowest incomes and that elderly households, households
696696 16 with children under the age of 6 years old, and households with
697697 17 persons with disabilities are offered a priority application
698698 18 period.
699699 19 (c) If the applicant is not a customer of record of an
700700 20 energy provider for energy services or an applicant for such
701701 21 service, such applicant shall receive a direct energy
702702 22 assistance payment in an amount established by the Department
703703 23 for all such applicants under this Act; provided, however,
704704 24 that such an applicant must have rental expenses for housing
705705 25 greater than 30% of household income.
706706 26 (c-1) This subsection shall apply only in cases where: (1)
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717717 1 the applicant is not a customer of record of an energy provider
718718 2 because energy services are provided by the owner of the unit
719719 3 as a portion of the rent; (2) the applicant resides in housing
720720 4 subsidized or developed with funds provided under the Rental
721721 5 Housing Support Program Act or under a similar locally funded
722722 6 rent subsidy program, or is the voucher holder who resides in a
723723 7 rental unit within the State of Illinois and whose monthly
724724 8 rent is subsidized by the tenant-based Housing Choice Voucher
725725 9 Program under Section 8 of the U.S. Housing Act of 1937; and
726726 10 (3) the rental expenses for housing are no more than 30% of
727727 11 household income. In such cases, the household may apply for
728728 12 an energy assistance payment under this Act and the owner of
729729 13 the housing unit shall cooperate with the applicant by
730730 14 providing documentation of the energy costs for that unit. Any
731731 15 compensation paid to the energy provider who supplied energy
732732 16 services to the household shall be paid on behalf of the owner
733733 17 of the housing unit providing energy services to the
734734 18 household. The Department shall report annually to the General
735735 19 Assembly on the number of households receiving energy
736736 20 assistance under this subsection and the cost of such
737737 21 assistance.
738738 22 (d) If the applicant is a customer of an energy provider,
739739 23 such applicant shall receive energy assistance in an amount
740740 24 established by the Department for all such applicants under
741741 25 this Act, such amount to be paid by the Department to the
742742 26 energy provider supplying winter energy service to such
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753753 1 applicant. Such applicant shall:
754754 2 (i) make all reasonable efforts to apply to any other
755755 3 appropriate source of public energy assistance; and
756756 4 (ii) sign a waiver permitting the Department to
757757 5 receive income information from any public or private
758758 6 agency providing income or energy assistance and from any
759759 7 employer, whether public or private.
760760 8 (e) Any qualified applicant pursuant to this Section may
761761 9 receive or have paid on such applicant's behalf an emergency
762762 10 assistance payment to enable such applicant to obtain access
763763 11 to winter energy services. Any such payments shall be made in
764764 12 accordance with regulations of the Department.
765765 13 (f) The Department may, if sufficient funds are available,
766766 14 provide additional benefits to certain qualified applicants:
767767 15 (i) for the reduction of past due amounts owed to
768768 16 energy providers;
769769 17 (ii) to assist the household in responding to
770770 18 excessively high summer temperatures or energy costs.
771771 19 Households containing elderly members, children, a person
772772 20 with a disability, or a person with a medical need for
773773 21 conditioned air shall receive priority for receipt of such
774774 22 benefits; and
775775 23 (iii) for the installation of energy conservation
776776 24 measures, health and safety measures, healthy home
777777 25 measures, home improvement measures to help alleviate
778778 26 deferrals from weatherization activities, and renewable
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789789 1 energy retrofits.
790790 2 (Source: P.A. 102-16, eff. 6-17-21; 102-176, eff. 6-1-22;
791791 3 102-699, eff. 4-19-22; 103-663, eff. 1-1-25.)
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