Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1978 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1978 Introduced 2/6/2025, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.1030 new Creates the Circuit Breaker Property Tax Relief Act. Provides that an individual who: (i) is domiciled in this State; (ii) is eligible for and receives either the general homestead exemption the general alternative homestead exemption; (iii) has experienced property tax bill spikes; and (iv) has an income that meets a specified income eligibility limitation is eligible for a grant of a portion of their bill spike. Provides that the maximum amount of grant to which a claimant is entitled is the one-half of the claimant's tax bill spike. Creates the Circuit Breaker Property Tax Relief Fund for the purpose of making grants to claimants. Amends the State Finance Act to make conforming changes. Effective immediately. LRB104 11443 HLH 21531 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1978 Introduced 2/6/2025, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.1030 new New Act 30 ILCS 105/5.1030 new Creates the Circuit Breaker Property Tax Relief Act. Provides that an individual who: (i) is domiciled in this State; (ii) is eligible for and receives either the general homestead exemption the general alternative homestead exemption; (iii) has experienced property tax bill spikes; and (iv) has an income that meets a specified income eligibility limitation is eligible for a grant of a portion of their bill spike. Provides that the maximum amount of grant to which a claimant is entitled is the one-half of the claimant's tax bill spike. Creates the Circuit Breaker Property Tax Relief Fund for the purpose of making grants to claimants. Amends the State Finance Act to make conforming changes. Effective immediately. LRB104 11443 HLH 21531 b LRB104 11443 HLH 21531 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1978 Introduced 2/6/2025, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
33 New Act30 ILCS 105/5.1030 new New Act 30 ILCS 105/5.1030 new
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66 Creates the Circuit Breaker Property Tax Relief Act. Provides that an individual who: (i) is domiciled in this State; (ii) is eligible for and receives either the general homestead exemption the general alternative homestead exemption; (iii) has experienced property tax bill spikes; and (iv) has an income that meets a specified income eligibility limitation is eligible for a grant of a portion of their bill spike. Provides that the maximum amount of grant to which a claimant is entitled is the one-half of the claimant's tax bill spike. Creates the Circuit Breaker Property Tax Relief Fund for the purpose of making grants to claimants. Amends the State Finance Act to make conforming changes. 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 1. Short title. This Act may be cited as the
1616 5 Circuit Breaker Property Tax Relief Act.
1717 6 Section 5. Purpose. The purpose of this Act is to assist
1818 7 homeowners in this State to retain private housing of their
1919 8 choice, to relieve those residents from the burdens of
2020 9 extraordinary property tax spikes, and to preserve the
2121 10 character and unique qualities of the neighborhoods in which
2222 11 they live.
2323 12 Section 10. Definitions. As used in this Act, unless the
2424 13 context otherwise requires, words and phrases have the
2525 14 following meanings.
2626 15 "Claimant" means a homeowner who has filed a claim for a
2727 16 circuit breaker property tax relief grant under this Act.
2828 17 "Claim year" means the calendar year prior to the period
2929 18 of time during which a claimant may file an application for
3030 19 benefits under this Act.
3131 20 "Department" means the Department of Revenue.
3232 21 "Federal poverty level" means the federal poverty income
3333 22 guidelines as determined annually by the United States
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1978 Introduced 2/6/2025, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
3838 New Act30 ILCS 105/5.1030 new New Act 30 ILCS 105/5.1030 new
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4141 Creates the Circuit Breaker Property Tax Relief Act. Provides that an individual who: (i) is domiciled in this State; (ii) is eligible for and receives either the general homestead exemption the general alternative homestead exemption; (iii) has experienced property tax bill spikes; and (iv) has an income that meets a specified income eligibility limitation is eligible for a grant of a portion of their bill spike. Provides that the maximum amount of grant to which a claimant is entitled is the one-half of the claimant's tax bill spike. Creates the Circuit Breaker Property Tax Relief Fund for the purpose of making grants to claimants. Amends the State Finance Act to make conforming changes. Effective immediately.
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7070 1 Department of Health and Human Services and updated
7171 2 periodically in the Federal Register by that Department under
7272 3 the authority of 42 U.S.C. 9902(2).
7373 4 "Household" means a claimant or a claimant and his or her
7474 5 spouse, if any, living together in the same residence. An
7575 6 additional resident may be counted in determining household
7676 7 size.
7777 8 "Household income" means the combined income of the
7878 9 members of a household.
7979 10 "Income" means adjusted gross income, properly reportable
8080 11 for federal income tax purposes under the provisions of the
8181 12 Internal Revenue Code, modified by adding thereto the sum of
8282 13 the following amounts to the extent deducted or excluded from
8383 14 gross income in the computation of adjusted gross income:
8484 15 (1) An amount equal to all amounts paid or accrued as
8585 16 interest or dividends during the taxable year;
8686 17 (2) An amount equal to the amount of tax imposed by the
8787 18 Illinois Income Tax Act paid for the taxable year;
8888 19 (3) An amount equal to all amounts received during the
8989 20 taxable year as an annuity under an annuity, endowment or
9090 21 life insurance contract or under any other contract or
9191 22 agreement;
9292 23 (4) An amount equal to the amount of benefits paid
9393 24 under the Federal Social Security Act during the taxable
9494 25 year;
9595 26 (5) An amount equal to the amount of benefits paid
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106106 1 under the Railroad Retirement Act during the taxable year;
107107 2 (6) An amount equal to the total amount of cash public
108108 3 assistance payments received from any governmental agency
109109 4 during the taxable year other than benefits received
110110 5 pursuant to this Act;
111111 6 (7) An amount equal to any net operating loss
112112 7 carryover deduction or capital loss carryover deduction
113113 8 during the taxable year; and
114114 9 (8) An amount equal to any benefits received under the
115115 10 Workers' Compensation Act or the Workers' Occupational
116116 11 Diseases Act during the taxable year.
117117 12 "Income" does not include any distributions or items of
118118 13 income described under subparagraph (X) of paragraph (2) of
119119 14 subsection (a) of Section 203 of the Illinois Income Tax Act.
120120 15 "Income eligibility limitation" means a household income
121121 16 not to exceed 4 times the federal poverty level for the
122122 17 household size. As an alternative income valuation, a
123123 18 homeowner who is enrolled in any of the following programs may
124124 19 be presumed to have household income that does not exceed the
125125 20 maximum income limitation for that tax year as required by
126126 21 this Section: Aid to the Aged, Blind or Disabled (AABD)
127127 22 Program or the Supplemental Nutrition Assistance Program
128128 23 (SNAP), both of which are administered by the Department of
129129 24 Human Services; the Low Income Home Energy Assistance Program
130130 25 (LIHEAP), which is administered by the Department of Commerce
131131 26 and Economic Opportunity; The Benefit Access program, which is
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142142 1 administered by the Department on Aging; and the Senior
143143 2 Citizens Real Estate Tax Deferral Program.
144144 3 "Internal Revenue Code" means the United States Internal
145145 4 Revenue Code of 1986 or any successor law or laws relating to
146146 5 federal income taxes in effect for the year.
147147 6 "Property taxes accrued" means the ad valorem property
148148 7 taxes levied against a residence, but does not include special
149149 8 assessments, interest, or charges for service. In the case of
150150 9 real estate improved with a multi-dwelling or multipurpose
151151 10 building, "property taxes accrued" means property taxes levied
152152 11 against a residence within such a building in an amount equal
153153 12 to the same percentage of the total property taxes levied
154154 13 against that real estate as improved as the value of the
155155 14 residence is to the total value of the building. If the
156156 15 building is a condominium, the percentage shall be that set
157157 16 forth for each residence in the condominium declaration. If
158158 17 the multi-dwelling building is owned and operated as a
159159 18 cooperative, the value of an individual residence is the value
160160 19 of the interest in the cooperative held by the owner of record
161161 20 of the legal or equitable interest, other than a leasehold
162162 21 interest, in the cooperative which confers the right to occupy
163163 22 that residence. In determining the amount of grant under
164164 23 Section 20, the applicable "property taxes accrued", as
165165 24 determined under this Section, are those due and owing for the
166166 25 last preceding taxable year.
167167 26 In addition, if the residence is a mobile home as defined
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178178 1 in and subject to the tax imposed by the Mobile Home Local
179179 2 Services Tax Act, "property taxes accrued" includes the amount
180180 3 of privilege tax paid during the calendar year for which
181181 4 benefits are claimed under that Act on that mobile home. If (i)
182182 5 the residence is a mobile home, (ii) the resident is the record
183183 6 owner of the property upon which the mobile home is located,
184184 7 and (iii) the resident is liable for the taxes imposed under
185185 8 the Property Tax Code for both the mobile home and the
186186 9 property, then "property taxes accrued" includes the amount of
187187 10 property taxes paid on both the mobile home and the property
188188 11 upon which the mobile home is located.
189189 12 "Property tax bill spike" means that the home has not been
190190 13 improved other than by routine maintenance, has been classed
191191 14 the same way since the year prior to the last reassessment
192192 15 prior to 2022, has had the same owner since the year prior to
193193 16 the last reassessment prior to 2022 or was inherited from the
194194 17 same owner, and that the property taxes accrued for the
195195 18 property have grown at least 25% year over year in any single
196196 19 year since the year prior to the last reassessment prior to
197197 20 2022, provided that a tax bill increase of $500 or less shall
198198 21 not constitute a bill spike.
199199 22 "Residence" means the principal dwelling place occupied in
200200 23 this State by a household and so much of the surrounding land
201201 24 as is reasonably necessary for use of the dwelling as a home,
202202 25 and includes rental residential property owned by the occupant
203203 26 within a multipurpose building. If the assessor has
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214214 1 established a specific legal description for a portion of
215215 2 property constituting the residence, then that portion of
216216 3 property shall be deemed "residence" for the purposes of this
217217 4 Act.
218218 5 "Taxable year" means the calendar year during which ad
219219 6 valorem property taxes payable in the next succeeding calendar
220220 7 year were levied.
221221 8 Section 15. Circuit Breaker Property Tax Relief Fund.
222222 9 (a) There is created in the State treasury a Circuit
223223 10 Breaker Property Tax Relief Fund.
224224 11 (b) The Circuit Breaker Property Tax Relief Fund may
225225 12 accept funds from the State and from other entities. Once
226226 13 grants have been paid, any remaining funds shall be returned
227227 14 first to the State and then to other entities that may have
228228 15 contributed funds. Other entities that contribute funds may
229229 16 elect to leave funds in the Circuit Breaker Property Tax
230230 17 Relief Fund for payments related to subsequent tax years.
231231 18 (c) Payments from the Circuit Breaker Property Tax Relief
232232 19 Fund on behalf of or for the benefit of claimants shall be made
233233 20 to coincide as closely as possible with the final installment
234234 21 of property tax bills and may be issued directly to local
235235 22 taxing bodies on behalf of the claimant, provided that the
236236 23 property tax bill for claimants is reduced by the amount of
237237 24 their claim, whether through an abatement or other means.
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248248 1 Section 20. Amount of grant.
249249 2 (a) Any individual who: (i) is domiciled in this State;
250250 3 (ii) is eligible for and receives either a general homestead
251251 4 exemption under Section 15-175 of the Property Tax Code or a
252252 5 general alternative homestead exemption under Section 15-176
253253 6 of the Property Tax Code; (iii) has experienced property tax
254254 7 bill spikes; and (iv) has an income that meets the income
255255 8 eligibility limitation is eligible for a grant of a portion of
256256 9 their bill spike.
257257 10 (b) Except as otherwise provided in this Act, the maximum
258258 11 amount of grant to which a claimant is entitled is the one-half
259259 12 of the claimant's tax bill spike.
260260 13 (c) If title to the residence is held jointly by the
261261 14 claimant with a person who is not a member of his or her
262262 15 household, the amount of property taxes accrued used in
263263 16 computing the amount of grant to which he or she is entitled
264264 17 shall be the same percentage of property taxes accrued as is
265265 18 the percentage of ownership held by the claimant in the
266266 19 residence.
267267 20 Section 25. Application.
268268 21 (a) The Chief County Assessment Officer shall establish
269269 22 the content, required eligibility and identification
270270 23 information, use of social security numbers, and manner of
271271 24 applying for benefits in a simplified format under this Act.
272272 25 (b) Applications for grants under this Act shall be filed
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283283 1 online.
284284 2 (c) Applications must be filed during the time period
285285 3 prescribed by the Chief County Assessment Officer.
286286 4 Section 30. Procedure.
287287 5 (a) Claims must be filed after January 1 on forms
288288 6 prescribed by the Chief County Assessment Officer. No claim
289289 7 may be filed more than one year after December 31 of the tax
290290 8 year for which the claim is filed.
291291 9 (b) The right to file a claim under this Act shall be
292292 10 personal to the claimant and shall not survive his death, but
293293 11 such right may be exercised on behalf of a claimant by his
294294 12 legal guardian or attorney-in-fact. If a claimant dies after
295295 13 having filed a timely claim, the amount thereof shall be
296296 14 disbursed on behalf of a person who inherited title to the
297297 15 house, provided that such person resided with the claimant at
298298 16 the time he or she filed the claim.
299299 17 (c) Only one member of a household may file a claim under
300300 18 this Act in any calendar year. If both members of a household
301301 19 are otherwise entitled to claim a grant under this Act, they
302302 20 must agree as to which of them will file a claim for that year.
303303 21 (d) A person may not under any circumstances charge a fee
304304 22 to a claimant under this Act for assistance in completing an
305305 23 application form for a property tax relief grant under this
306306 24 Act.
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317317 1 Section 35. Administration.
318318 2 (a) Upon receipt of a timely filed claim, the Chief County
319319 3 Assessment Officer shall determine whether the claimant is a
320320 4 person entitled to a grant under this Act and the amount of
321321 5 grant to which he is entitled under this Act. The Chief County
322322 6 Assessment Officer may require the claimant to furnish
323323 7 reasonable proof of the statements of domicile, household
324324 8 income, property taxes accrued and other matters on which
325325 9 entitlement is based, and may withhold approval of a grant
326326 10 until such additional proof is furnished. If the Chief County
327327 11 Assessment Officer provides such information from other
328328 12 records available to them, the claimant may rebut or augment
329329 13 such information.
330330 14 (b) The Chief County Assessment Officer shall deny claims
331331 15 which have been fraudulently prepared or when he or she finds
332332 16 that the claimant has acquired title to his residence or has
333333 17 paid rent for his residence primarily for the purpose of
334334 18 receiving a grant under this Act.
335335 19 Section 40. Payment and denial of claims.
336336 20 (a) In general. The Fund shall make payments, from
337337 21 appropriations made for that purpose of grants to claimants
338338 22 under this Act and from other entities, in the amounts to which
339339 23 the Chief County Assessment Officer has determined they are
340340 24 entitled, respectively. If a claim is denied, the Chief County
341341 25 Assessment Officer shall cause written notice of that denial
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352352 1 and the reasons for that denial to be sent to the claimant.
353353 2 (b) Payment of claims one dollar and under. Where the
354354 3 amount of the grant computed under Section 20 is less than one
355355 4 dollar, the claimant shall receive one dollar.
356356 5 (c) Right to appeal. Any person aggrieved by an action or
357357 6 determination arising under this Act may request in writing
358358 7 reconsideration of that action or determination, setting out
359359 8 the facts upon which the request is based.
360360 9 Section 45. Fraud; error.
361361 10 (a) Any person who files a fraudulent claim for a grant
362362 11 under this Act, or who for compensation prepares a claim for a
363363 12 grant and knowingly enters false information on an application
364364 13 for any claimant under this Act, or who fraudulently files
365365 14 multiple applications, files a fraudulent request for payment,
366366 15 is guilty of a Class 4 felony for the first offense and is
367367 16 guilty of a Class 3 felony for each subsequent offense.
368368 17 (b) The Department may recover from a claimant any amount
369369 18 paid to that claimant under this Act on account of an erroneous
370370 19 or fraudulent claim, together with 6% interest per year.
371371 20 Amounts recoverable from a claimant by the Department under
372372 21 this Act may, but need not, be recovered by offsetting the
373373 22 amount owed against any future grant payable to the person
374374 23 under this Act.
375375 24 (c) A prosecution for a violation of this Section may be
376376 25 commenced at any time within 3 years of the commission of that
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387387 1 violation.
388388 2 Section 50. Arrangements. No inference, implication, or
389389 3 presumption of legislative construction shall be drawn or made
390390 4 by reason of the location or grouping of any particular
391391 5 Section or provision of this Act.
392392 6 Section 55. Severability. If any clause, sentence,
393393 7 Section, provision or part of this Act or the application
394394 8 thereof to any person or circumstance shall be adjudged to be
395395 9 unconstitutional, the remainder of this Act or its application
396396 10 to persons or circumstances other than those to which it is
397397 11 held invalid, shall not be affected thereby.
398398 12 Section 60. Rules.
399399 13 (a) Notwithstanding any other provision to the contrary,
400400 14 the Chief County Assessment Officer may adopt rules regarding
401401 15 applications, proof of eligibility, required identification
402402 16 information, use of social security numbers, and counting of
403403 17 income.
404404 18 (b) The Chief County Assessment Officer may, subject to
405405 19 appropriations made for that purpose:
406406 20 (1) attempt to secure the cooperation of appropriate
407407 21 federal, State and local agencies in securing the names
408408 22 and addresses of persons to whom this Act pertains;
409409 23 (2) prepare a mailing list of persons eligible for
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420420 1 grants under this Act; and
421421 2 (3) secure the cooperation of the Department of
422422 3 Revenue, other State agencies, local business
423423 4 establishments, and interest groups to educate the public
424424 5 about the application process under this Act to those
425425 6 eligible to file claims.
426426 7 Section 900. The State Finance Act is amended by adding
427427 8 Section 5.1030 as follows:
428428 9 (30 ILCS 105/5.1030 new)
429429 10 Sec. 5.1030. The Circuit Breaker Property Tax Relief Fund.
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