Illinois 2025-2026 Regular Session

Illinois House Bill HB2809 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2809 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-169 Amends the Property Tax Code. In provisions concerning the homestead exemption for veterans with disabilities, provides that: (1) if the veteran has a service-connected disability of 30% or more but less than 50%, then the annual exemption is 30% of the assessed value of the property; (2) if the veteran has a service-connected disability of 50% or more but less than 70%, then the annual exemption is 50% of the assessed value of the property; and (3) if the veteran has a service-connected disability of 70% or more, then the property is exempt from taxation. Effective immediately. LRB104 09473 HLH 22008 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2809 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-169 35 ILCS 200/15-169 Amends the Property Tax Code. In provisions concerning the homestead exemption for veterans with disabilities, provides that: (1) if the veteran has a service-connected disability of 30% or more but less than 50%, then the annual exemption is 30% of the assessed value of the property; (2) if the veteran has a service-connected disability of 50% or more but less than 70%, then the annual exemption is 50% of the assessed value of the property; and (3) if the veteran has a service-connected disability of 70% or more, then the property is exempt from taxation. Effective immediately. LRB104 09473 HLH 22008 b LRB104 09473 HLH 22008 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2809 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
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55 Amends the Property Tax Code. In provisions concerning the homestead exemption for veterans with disabilities, provides that: (1) if the veteran has a service-connected disability of 30% or more but less than 50%, then the annual exemption is 30% of the assessed value of the property; (2) if the veteran has a service-connected disability of 50% or more but less than 70%, then the annual exemption is 50% of the assessed value of the property; and (3) if the veteran has a service-connected disability of 70% or more, then the property is exempt from taxation. Effective immediately.
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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 15-169 as follows:
1616 6 (35 ILCS 200/15-169)
1717 7 Sec. 15-169. Homestead exemption for veterans with
1818 8 disabilities and veterans of World War II.
1919 9 (a) Beginning with taxable year 2007, an annual homestead
2020 10 exemption, limited as provided in this Section, is granted for
2121 11 property that is used as a qualified residence by a veteran
2222 12 with a disability, and beginning with taxable year 2024, an
2323 13 annual homestead exemption, limited to the amounts set forth
2424 14 in subsection (b-4), is granted for property that is used as a
2525 15 qualified residence by a veteran who was a member of the United
2626 16 States Armed Forces during World War II.
2727 17 (b) For taxable years prior to 2015, the amount of the
2828 18 exemption under this Section is as follows:
2929 19 (1) for veterans with a service-connected disability
3030 20 of at least (i) 75% for exemptions granted in taxable
3131 21 years 2007 through 2009 and (ii) 70% for exemptions
3232 22 granted in taxable year 2010 and each taxable year
3333 23 thereafter, as certified by the United States Department
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3838 35 ILCS 200/15-169 35 ILCS 200/15-169
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4040 Amends the Property Tax Code. In provisions concerning the homestead exemption for veterans with disabilities, provides that: (1) if the veteran has a service-connected disability of 30% or more but less than 50%, then the annual exemption is 30% of the assessed value of the property; (2) if the veteran has a service-connected disability of 50% or more but less than 70%, then the annual exemption is 50% of the assessed value of the property; and (3) if the veteran has a service-connected disability of 70% or more, then the property is exempt from taxation. Effective immediately.
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6868 1 of Veterans Affairs, the annual exemption is $5,000; and
6969 2 (2) for veterans with a service-connected disability
7070 3 of at least 50%, but less than (i) 75% for exemptions
7171 4 granted in taxable years 2007 through 2009 and (ii) 70%
7272 5 for exemptions granted in taxable year 2010 and each
7373 6 taxable year thereafter, as certified by the United States
7474 7 Department of Veterans Affairs, the annual exemption is
7575 8 $2,500.
7676 9 (b-3) For taxable years 2015 through 2022:
7777 10 (1) if the veteran has a service-connected service
7878 11 connected disability of 30% or more but less than 50%, as
7979 12 certified by the United States Department of Veterans
8080 13 Affairs, then the annual exemption is $2,500;
8181 14 (2) if the veteran has a service-connected service
8282 15 connected disability of 50% or more but less than 70%, as
8383 16 certified by the United States Department of Veterans
8484 17 Affairs, then the annual exemption is $5,000;
8585 18 (3) if the veteran has a service-connected service
8686 19 connected disability of 70% or more, as certified by the
8787 20 United States Department of Veterans Affairs, then the
8888 21 property is exempt from taxation under this Code; and
8989 22 (4) (Blank).
9090 23 (b-3.1) For taxable year 2023 through 2025 and thereafter:
9191 24 (1) if the veteran has a service-connected service
9292 25 connected disability of 30% or more but less than 50%, as
9393 26 certified by the United States Department of Veterans
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104104 1 Affairs as of the date the application is submitted for
105105 2 the exemption under this Section for the applicable
106106 3 taxable year, then the annual exemption is $2,500;
107107 4 (2) if the veteran has a service-connected service
108108 5 connected disability of 50% or more but less than 70%, as
109109 6 certified by the United States Department of Veterans
110110 7 Affairs as of the date the application is submitted for
111111 8 the exemption under this Section for the applicable
112112 9 taxable year, then the annual exemption is $5,000;
113113 10 (3) if the veteran has a service-connected service
114114 11 connected disability of 70% or more, as certified by the
115115 12 United States Department of Veterans Affairs as of the
116116 13 date the application is submitted for the exemption under
117117 14 this Section for the applicable taxable year, then the
118118 15 first $250,000 in equalized assessed value of the property
119119 16 is exempt from taxation under this Code; and
120120 17 (4) if the taxpayer is the surviving spouse of a
121121 18 veteran whose death was determined to be service connected
122122 19 service-connected and who is certified by the United
123123 20 States Department of Veterans Affairs as a recipient of
124124 21 dependency and indemnity compensation under federal law as
125125 22 of the date the application is submitted for the exemption
126126 23 under this Section for the applicable taxable year, then
127127 24 the first $250,000 in equalized assessed value of the
128128 25 property is also exempt from taxation under this Code.
129129 26 This amendatory Act of the 103rd General Assembly shall
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140140 1 not be used as the basis for any appeal filed with the chief
141141 2 county assessment officer, the board of review, the Property
142142 3 Tax Appeal Board, or the circuit court with respect to the
143143 4 scope or meaning of the exemption under this Section for a tax
144144 5 year prior to tax year 2023.
145145 6 (b-3.5) For taxable years 2026 and thereafter:
146146 7 (1) if the veteran has a service-connected disability
147147 8 of 30% or more but less than 50%, as certified by the
148148 9 United States Department of Veterans Affairs, then the
149149 10 annual exemption is 30% of the assessed value of the
150150 11 property;
151151 12 (2) if the veteran has a service-connected disability
152152 13 of 50% or more but less than 70%, as certified by the
153153 14 United States Department of Veterans Affairs, then the
154154 15 annual exemption is 50% of the assessed value of the
155155 16 property; and
156156 17 (3) if the veteran has a service-connected disability
157157 18 of 70% or more, as certified by the United States
158158 19 Department of Veterans Affairs, then the property is
159159 20 exempt from taxation under this Code.
160160 21 (b-4) For taxable years on or after 2024, if the veteran
161161 22 was a member of the United States Armed Forces during World War
162162 23 II, then the property is exempt from taxation under this Code
163163 24 regardless of the veteran's level of disability.
164164 25 (b-5) If a homestead exemption is granted under this
165165 26 Section and the person awarded the exemption subsequently
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176176 1 becomes a resident of a facility licensed under the Nursing
177177 2 Home Care Act or a facility operated by the United States
178178 3 Department of Veterans Affairs, then the exemption shall
179179 4 continue (i) so long as the residence continues to be occupied
180180 5 by the qualifying person's spouse or (ii) if the residence
181181 6 remains unoccupied but is still owned by the person who
182182 7 qualified for the homestead exemption.
183183 8 (c) The tax exemption under this Section carries over to
184184 9 the benefit of the veteran's surviving spouse as long as the
185185 10 spouse holds the legal or beneficial title to the homestead,
186186 11 permanently resides thereon, and does not remarry. If the
187187 12 surviving spouse sells the property, an exemption not to
188188 13 exceed the amount granted from the most recent ad valorem tax
189189 14 roll may be transferred to his or her new residence as long as
190190 15 it is used as his or her primary residence and he or she does
191191 16 not remarry.
192192 17 As used in this subsection (c):
193193 18 (1) for taxable years prior to 2015, "surviving
194194 19 spouse" means the surviving spouse of a veteran who
195195 20 obtained an exemption under this Section prior to his or
196196 21 her death;
197197 22 (2) for taxable years 2015 through 2022, "surviving
198198 23 spouse" means (i) the surviving spouse of a veteran who
199199 24 obtained an exemption under this Section prior to his or
200200 25 her death and (ii) the surviving spouse of a veteran who
201201 26 was killed in the line of duty at any time prior to the
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212212 1 expiration of the application period in effect for the
213213 2 exemption for the taxable year for which the exemption is
214214 3 sought; and
215215 4 (3) for taxable year 2023 and thereafter, "surviving
216216 5 spouse" means: (i) the surviving spouse of a veteran who
217217 6 obtained the exemption under this Section prior to his or
218218 7 her death; (ii) the surviving spouse of a veteran who was
219219 8 killed in the line of duty at any time prior to the
220220 9 expiration of the application period in effect for the
221221 10 exemption for the taxable year for which the exemption is
222222 11 sought; (iii) the surviving spouse of a veteran who did
223223 12 not obtain an exemption under this Section before death,
224224 13 but who would have qualified for the exemption under this
225225 14 Section in the taxable year for which the exemption is
226226 15 sought if he or she had survived, and whose surviving
227227 16 spouse has been a resident of Illinois from the time of the
228228 17 veteran's death through the taxable year for which the
229229 18 exemption is sought; and (iv) the surviving spouse of a
230230 19 veteran whose death was determined to be
231231 20 service-connected, but who would not otherwise qualify
232232 21 under item (i), (ii), or (iii), if the spouse (A) is
233233 22 certified by the United States Department of Veterans
234234 23 Affairs as a recipient of dependency and indemnity
235235 24 compensation under federal law at any time prior to the
236236 25 expiration of the application period in effect for the
237237 26 exemption for the taxable year for which the exemption is
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248248 1 sought and (B) remains eligible for that dependency and
249249 2 indemnity compensation as of January 1 of the taxable year
250250 3 for which the exemption is sought.
251251 4 (c-1) Beginning with taxable year 2015, nothing in this
252252 5 Section shall require the veteran to have qualified for or
253253 6 obtained the exemption before death if the veteran was killed
254254 7 in the line of duty.
255255 8 (d) The exemption under this Section applies for taxable
256256 9 year 2007 and thereafter. A taxpayer who claims an exemption
257257 10 under Section 15-165 or 15-168 may not claim an exemption
258258 11 under this Section.
259259 12 (e) Except as otherwise provided in this subsection (e),
260260 13 each taxpayer who has been granted an exemption under this
261261 14 Section must reapply on an annual basis, except that a veteran
262262 15 who qualifies as a result of his or her service in World War II
263263 16 need not reapply. Application must be made during the
264264 17 application period in effect for the county of his or her
265265 18 residence. The assessor or chief county assessment officer may
266266 19 determine the eligibility of residential property to receive
267267 20 the homestead exemption provided by this Section by
268268 21 application, visual inspection, questionnaire, or other
269269 22 reasonable methods. The determination must be made in
270270 23 accordance with guidelines established by the Department.
271271 24 On and after May 23, 2022 (the effective date of Public Act
272272 25 102-895), if a veteran has a combined service-connected
273273 26 service connected disability rating of 100% and is deemed to
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284284 1 be permanently and totally disabled, as certified by the
285285 2 United States Department of Veterans Affairs, the taxpayer who
286286 3 has been granted an exemption under this Section shall no
287287 4 longer be required to reapply for the exemption on an annual
288288 5 basis, and the exemption shall be in effect for as long as the
289289 6 exemption would otherwise be permitted under this Section.
290290 7 (e-1) If the person qualifying for the exemption does not
291291 8 occupy the qualified residence as of January 1 of the taxable
292292 9 year, the exemption granted under this Section shall be
293293 10 prorated on a monthly basis. The prorated exemption shall
294294 11 apply beginning with the first complete month in which the
295295 12 person occupies the qualified residence.
296296 13 (e-5) Notwithstanding any other provision of law, each
297297 14 chief county assessment officer may approve this exemption for
298298 15 the 2020 taxable year, without application, for any property
299299 16 that was approved for this exemption for the 2019 taxable
300300 17 year, provided that:
301301 18 (1) the county board has declared a local disaster as
302302 19 provided in the Illinois Emergency Management Agency Act
303303 20 related to the COVID-19 public health emergency;
304304 21 (2) the owner of record of the property as of January
305305 22 1, 2020 is the same as the owner of record of the property
306306 23 as of January 1, 2019;
307307 24 (3) the exemption for the 2019 taxable year has not
308308 25 been determined to be an erroneous exemption as defined by
309309 26 this Code; and
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320320 1 (4) the applicant for the 2019 taxable year has not
321321 2 asked for the exemption to be removed for the 2019 or 2020
322322 3 taxable years.
323323 4 Nothing in this subsection shall preclude a veteran whose
324324 5 service-connected service connected disability rating has
325325 6 changed since the 2019 exemption was granted from applying for
326326 7 the exemption based on the subsequent service-connected
327327 8 service connected disability rating.
328328 9 (e-10) Notwithstanding any other provision of law, each
329329 10 chief county assessment officer may approve this exemption for
330330 11 the 2021 taxable year, without application, for any property
331331 12 that was approved for this exemption for the 2020 taxable
332332 13 year, if:
333333 14 (1) the county board has declared a local disaster as
334334 15 provided in the Illinois Emergency Management Agency Act
335335 16 related to the COVID-19 public health emergency;
336336 17 (2) the owner of record of the property as of January
337337 18 1, 2021 is the same as the owner of record of the property
338338 19 as of January 1, 2020;
339339 20 (3) the exemption for the 2020 taxable year has not
340340 21 been determined to be an erroneous exemption as defined by
341341 22 this Code; and
342342 23 (4) the taxpayer for the 2020 taxable year has not
343343 24 asked for the exemption to be removed for the 2020 or 2021
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356356 1 service-connected service connected disability rating has
357357 2 changed since the 2020 exemption was granted from applying for
358358 3 the exemption based on the subsequent service-connected
359359 4 service connected disability rating.
360360 5 (f) For the purposes of this Section:
361361 6 "Qualified residence" means, before tax year 2023, real
362362 7 property, but less any portion of that property that is used
363363 8 for commercial purposes, with an equalized assessed value of
364364 9 less than $250,000 that is the primary residence of a veteran
365365 10 with a disability. "Qualified residence" means, for tax year
366366 11 2023 and thereafter, real property, but less any portion of
367367 12 that property that is used for commercial purposes, that is
368368 13 the primary residence of a veteran with a disability. Property
369369 14 rented for more than 6 months is presumed to be used for
370370 15 commercial purposes.
371371 16 "Service-connected disability" means an illness or injury
372372 17 (i) that was caused by or worsened by active military service,
373373 18 (ii) that is a current disability as of the date of the
374374 19 application for the exemption under this Section for the
375375 20 applicable tax year, as demonstrated by the veteran's United
376376 21 States Department of Veterans Affairs certification, and (iii)
377377 22 for which the veteran receives disability compensation.
378378 23 For tax years 2022 and prior, "veteran" means an Illinois
379379 24 resident who has served as a member of the United States Armed
380380 25 Forces on active duty or State active duty, a member of the
381381 26 Illinois National Guard, or a member of the United States
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392392 1 Reserve Forces and who has received an honorable discharge.
393393 2 For taxable years 2023 and thereafter, "veteran" means an
394394 3 Illinois resident who has served as a member of the United
395395 4 States Armed Forces on active duty or State active duty, a
396396 5 member of the Illinois National Guard, or a member of the
397397 6 United States Reserve Forces and who has a service-connected
398398 7 disability, as certified by the United States Department of
399399 8 Veterans Affairs, and receives disability compensation.
400400 9 (Source: P.A. 102-136, eff. 7-23-21; 102-895, eff. 5-23-22;
401401 10 103-154, eff. 6-30-23; 103-596, eff. 7-1-24.)
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