Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2095 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2095 Introduced 2/6/2025, by Sen. Erica Harriss SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-175 Amends the Property Tax Code. Provides that, for taxable year 2025, the maximum reduction for the general homestead exemption shall be $10,000 in all counties. Provides that, for taxable years 2026 and thereafter, the maximum reduction for the general homestead exemption in all counties shall be the maximum reduction for the immediately preceding taxable year, increased by the lesser of (i) 5% or (ii) the percentage increase in the Consumer Price Index during the 12-month period ending on September 30 of the immediately preceding taxable year. Effective immediately. LRB104 06186 HLH 16221 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2095 Introduced 2/6/2025, by Sen. Erica Harriss SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-175 35 ILCS 200/15-175 Amends the Property Tax Code. Provides that, for taxable year 2025, the maximum reduction for the general homestead exemption shall be $10,000 in all counties. Provides that, for taxable years 2026 and thereafter, the maximum reduction for the general homestead exemption in all counties shall be the maximum reduction for the immediately preceding taxable year, increased by the lesser of (i) 5% or (ii) the percentage increase in the Consumer Price Index during the 12-month period ending on September 30 of the immediately preceding taxable year. Effective immediately. LRB104 06186 HLH 16221 b LRB104 06186 HLH 16221 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2095 Introduced 2/6/2025, by Sen. Erica Harriss SYNOPSIS AS INTRODUCED:
33 35 ILCS 200/15-175 35 ILCS 200/15-175
44 35 ILCS 200/15-175
55 Amends the Property Tax Code. Provides that, for taxable year 2025, the maximum reduction for the general homestead exemption shall be $10,000 in all counties. Provides that, for taxable years 2026 and thereafter, the maximum reduction for the general homestead exemption in all counties shall be the maximum reduction for the immediately preceding taxable year, increased by the lesser of (i) 5% or (ii) the percentage increase in the Consumer Price Index during the 12-month period ending on September 30 of the immediately preceding taxable year. 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 15-175 as follows:
1616 6 (35 ILCS 200/15-175)
1717 7 Sec. 15-175. General homestead exemption.
1818 8 (a) Except as provided in Sections 15-176 and 15-177,
1919 9 homestead property is entitled to an annual homestead
2020 10 exemption limited, except as described here with relation to
2121 11 cooperatives or life care facilities, to a reduction in the
2222 12 equalized assessed value of homestead property equal to the
2323 13 increase in equalized assessed value for the current
2424 14 assessment year above the equalized assessed value of the
2525 15 property for 1977, up to the maximum reduction set forth
2626 16 below. If however, the 1977 equalized assessed value upon
2727 17 which taxes were paid is subsequently determined by local
2828 18 assessing officials, the Property Tax Appeal Board, or a court
2929 19 to have been excessive, the equalized assessed value which
3030 20 should have been placed on the property for 1977 shall be used
3131 21 to determine the amount of the exemption.
3232 22 (b) Except as provided in Section 15-176, the maximum
3333 23 reduction before taxable year 2004 shall be $4,500 in counties
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2095 Introduced 2/6/2025, by Sen. Erica Harriss SYNOPSIS AS INTRODUCED:
3838 35 ILCS 200/15-175 35 ILCS 200/15-175
3939 35 ILCS 200/15-175
4040 Amends the Property Tax Code. Provides that, for taxable year 2025, the maximum reduction for the general homestead exemption shall be $10,000 in all counties. Provides that, for taxable years 2026 and thereafter, the maximum reduction for the general homestead exemption in all counties shall be the maximum reduction for the immediately preceding taxable year, increased by the lesser of (i) 5% or (ii) the percentage increase in the Consumer Price Index during the 12-month period ending on September 30 of the immediately preceding taxable year. Effective immediately.
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6868 1 with 3,000,000 or more inhabitants and $3,500 in all other
6969 2 counties. Except as provided in Sections 15-176 and 15-177,
7070 3 for taxable years 2004 through 2007, the maximum reduction
7171 4 shall be $5,000, for taxable year 2008, the maximum reduction
7272 5 is $5,500, and, for taxable years 2009 through 2011, the
7373 6 maximum reduction is $6,000 in all counties. For taxable years
7474 7 2012 through 2016, the maximum reduction is $7,000 in counties
7575 8 with 3,000,000 or more inhabitants and $6,000 in all other
7676 9 counties. For taxable years 2017 through 2022, the maximum
7777 10 reduction is $10,000 in counties with 3,000,000 or more
7878 11 inhabitants and $6,000 in all other counties. For taxable
7979 12 years 2023 and 2024 thereafter, the maximum reduction is
8080 13 $10,000 in counties with 3,000,000 or more inhabitants, $8,000
8181 14 in counties that are contiguous to a county of 3,000,000 or
8282 15 more inhabitants, and $6,000 in all other counties. For
8383 16 taxable year 2025, the maximum reduction shall be $10,000 in
8484 17 all counties. For taxable years 2026 and thereafter, the
8585 18 maximum reduction in all counties shall be the maximum
8686 19 reduction for the immediately preceding taxable year,
8787 20 increased by the lesser of (i) 5% or (ii) the percentage
8888 21 increase in the Consumer Price Index during the 12-month
8989 22 period ending on September 30 of the immediately preceding
9090 23 taxable year. If a county has elected to subject itself to the
9191 24 provisions of Section 15-176 as provided in subsection (k) of
9292 25 that Section, then, for the first taxable year only after the
9393 26 provisions of Section 15-176 no longer apply, for owners who,
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104104 1 for the taxable year, have not been granted a senior citizens
105105 2 assessment freeze homestead exemption under Section 15-172 or
106106 3 a long-time occupant homestead exemption under Section 15-177,
107107 4 there shall be an additional exemption of $5,000 for owners
108108 5 with a household income of $30,000 or less.
109109 6 (c) In counties with fewer than 3,000,000 inhabitants, if,
110110 7 based on the most recent assessment, the equalized assessed
111111 8 value of the homestead property for the current assessment
112112 9 year is greater than the equalized assessed value of the
113113 10 property for 1977, the owner of the property shall
114114 11 automatically receive the exemption granted under this Section
115115 12 in an amount equal to the increase over the 1977 assessment up
116116 13 to the maximum reduction set forth in this Section.
117117 14 (d) If in any assessment year beginning with the 2000
118118 15 assessment year, homestead property has a pro-rata valuation
119119 16 under Section 9-180 resulting in an increase in the assessed
120120 17 valuation, a reduction in equalized assessed valuation equal
121121 18 to the increase in equalized assessed value of the property
122122 19 for the year of the pro-rata valuation above the equalized
123123 20 assessed value of the property for 1977 shall be applied to the
124124 21 property on a proportionate basis for the period the property
125125 22 qualified as homestead property during the assessment year.
126126 23 The maximum proportionate homestead exemption shall not exceed
127127 24 the maximum homestead exemption allowed in the county under
128128 25 this Section divided by 365 and multiplied by the number of
129129 26 days the property qualified as homestead property.
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140140 1 (d-1) In counties with 3,000,000 or more inhabitants,
141141 2 where the chief county assessment officer provides a notice of
142142 3 discovery, if a property is not occupied by its owner as a
143143 4 principal residence as of January 1 of the current tax year,
144144 5 then the property owner shall notify the chief county
145145 6 assessment officer of that fact on a form prescribed by the
146146 7 chief county assessment officer. That notice must be received
147147 8 by the chief county assessment officer on or before March 1 of
148148 9 the collection year. If mailed, the form shall be sent by
149149 10 certified mail, return receipt requested. If the form is
150150 11 provided in person, the chief county assessment officer shall
151151 12 provide a date stamped copy of the notice. Failure to provide
152152 13 timely notice pursuant to this subsection (d-1) shall result
153153 14 in the exemption being treated as an erroneous exemption. Upon
154154 15 timely receipt of the notice for the current tax year, no
155155 16 exemption shall be applied to the property for the current tax
156156 17 year. If the exemption is not removed upon timely receipt of
157157 18 the notice by the chief assessment officer, then the error is
158158 19 considered granted as a result of a clerical error or omission
159159 20 on the part of the chief county assessment officer as
160160 21 described in subsection (h) of Section 9-275, and the property
161161 22 owner shall not be liable for the payment of interest and
162162 23 penalties due to the erroneous exemption for the current tax
163163 24 year for which the notice was filed after the date that notice
164164 25 was timely received pursuant to this subsection. Notice
165165 26 provided under this subsection shall not constitute a defense
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176176 1 or amnesty for prior year erroneous exemptions.
177177 2 For the purposes of this subsection (d-1):
178178 3 "Collection year" means the year in which the first and
179179 4 second installment of the current tax year is billed.
180180 5 "Current tax year" means the year prior to the collection
181181 6 year.
182182 7 (e) The chief county assessment officer may, when
183183 8 considering whether to grant a leasehold exemption under this
184184 9 Section, require the following conditions to be met:
185185 10 (1) that a notarized application for the exemption,
186186 11 signed by both the owner and the lessee of the property,
187187 12 must be submitted each year during the application period
188188 13 in effect for the county in which the property is located;
189189 14 (2) that a copy of the lease must be filed with the
190190 15 chief county assessment officer by the owner of the
191191 16 property at the time the notarized application is
192192 17 submitted;
193193 18 (3) that the lease must expressly state that the
194194 19 lessee is liable for the payment of property taxes; and
195195 20 (4) that the lease must include the following language
196196 21 in substantially the following form:
197197 22 "Lessee shall be liable for the payment of real
198198 23 estate taxes with respect to the residence in
199199 24 accordance with the terms and conditions of Section
200200 25 15-175 of the Property Tax Code (35 ILCS 200/15-175).
201201 26 The permanent real estate index number for the
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212212 1 premises is (insert number), and, according to the
213213 2 most recent property tax bill, the current amount of
214214 3 real estate taxes associated with the premises is
215215 4 (insert amount) per year. The parties agree that the
216216 5 monthly rent set forth above shall be increased or
217217 6 decreased pro rata (effective January 1 of each
218218 7 calendar year) to reflect any increase or decrease in
219219 8 real estate taxes. Lessee shall be deemed to be
220220 9 satisfying Lessee's liability for the above mentioned
221221 10 real estate taxes with the monthly rent payments as
222222 11 set forth above (or increased or decreased as set
223223 12 forth herein).".
224224 13 In addition, if there is a change in lessee, or if the
225225 14 lessee vacates the property, then the chief county assessment
226226 15 officer may require the owner of the property to notify the
227227 16 chief county assessment officer of that change.
228228 17 This subsection (e) does not apply to leasehold interests
229229 18 in property owned by a municipality.
230230 19 (f) "Homestead property" under this Section includes
231231 20 residential property that is occupied by its owner or owners
232232 21 as his or their principal dwelling place, or that is a
233233 22 leasehold interest on which a single family residence is
234234 23 situated, which is occupied as a residence by a person who has
235235 24 an ownership interest therein, legal or equitable or as a
236236 25 lessee, and on which the person is liable for the payment of
237237 26 property taxes. For land improved with an apartment building
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248248 1 owned and operated as a cooperative, the maximum reduction
249249 2 from the equalized assessed value shall be limited to the
250250 3 increase in the value above the equalized assessed value of
251251 4 the property for 1977, up to the maximum reduction set forth
252252 5 above, multiplied by the number of apartments or units
253253 6 occupied by a person or persons who is liable, by contract with
254254 7 the owner or owners of record, for paying property taxes on the
255255 8 property and is an owner of record of a legal or equitable
256256 9 interest in the cooperative apartment building, other than a
257257 10 leasehold interest. For land improved with a life care
258258 11 facility, the maximum reduction from the value of the
259259 12 property, as equalized by the Department, shall be multiplied
260260 13 by the number of apartments or units occupied by a person or
261261 14 persons, irrespective of any legal, equitable, or leasehold
262262 15 interest in the facility, who are liable, under a life care
263263 16 contract with the owner or owners of record of the facility,
264264 17 for paying property taxes on the property. For purposes of
265265 18 this Section, the term "life care facility" has the meaning
266266 19 stated in Section 15-170.
267267 20 (f-1) As used in this Section:
268268 21 "Consumer Price Index" means the index published by the
269269 22 Bureau of Labor Statistics of the United States Department of
270270 23 Labor that measures the average change in prices of goods and
271271 24 services purchased by all urban consumers, United States city
272272 25 average, all items, 1982-84 = 100.
273273 26 "Household", as used in this Section, means the owner, the
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284284 1 spouse of the owner, and all persons using the residence of the
285285 2 owner as their principal place of residence.
286286 3 "Household income", as used in this Section, means the
287287 4 combined income of the members of a household for the calendar
288288 5 year preceding the taxable year.
289289 6 "Income", as used in this Section, has the same meaning as
290290 7 provided in Section 3.07 of the Senior Citizens and Persons
291291 8 with Disabilities Property Tax Relief Act, except that
292292 9 "income" does not include veteran's benefits.
293293 10 (g) In a cooperative or life care facility where a
294294 11 homestead exemption has been granted, the cooperative
295295 12 association or the management of the cooperative or life care
296296 13 facility shall credit the savings resulting from that
297297 14 exemption only to the apportioned tax liability of the owner
298298 15 or resident who qualified for the exemption. Any person who
299299 16 willfully refuses to so credit the savings shall be guilty of a
300300 17 Class B misdemeanor.
301301 18 (h) Where married persons maintain and reside in separate
302302 19 residences qualifying as homestead property, each residence
303303 20 shall receive 50% of the total reduction in equalized assessed
304304 21 valuation provided by this Section.
305305 22 (i) In all counties, the assessor or chief county
306306 23 assessment officer may determine the eligibility of
307307 24 residential property to receive the homestead exemption and
308308 25 the amount of the exemption by application, visual inspection,
309309 26 questionnaire or other reasonable methods. The determination
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320320 1 shall be made in accordance with guidelines established by the
321321 2 Department, provided that the taxpayer applying for an
322322 3 additional general exemption under this Section shall submit
323323 4 to the chief county assessment officer an application with an
324324 5 affidavit of the applicant's total household income, age,
325325 6 marital status (and, if married, the name and address of the
326326 7 applicant's spouse, if known), and principal dwelling place of
327327 8 members of the household on January 1 of the taxable year. The
328328 9 Department shall issue guidelines establishing a method for
329329 10 verifying the accuracy of the affidavits filed by applicants
330330 11 under this paragraph. The applications shall be clearly marked
331331 12 as applications for the Additional General Homestead
332332 13 Exemption.
333333 14 (i-5) This subsection (i-5) applies to counties with
334334 15 3,000,000 or more inhabitants. In the event of a sale of
335335 16 homestead property, the homestead exemption shall remain in
336336 17 effect for the remainder of the assessment year of the sale.
337337 18 Upon receipt of a transfer declaration transmitted by the
338338 19 recorder pursuant to Section 31-30 of the Real Estate Transfer
339339 20 Tax Law for property receiving an exemption under this
340340 21 Section, the assessor shall mail a notice and forms to the new
341341 22 owner of the property providing information pertaining to the
342342 23 rules and applicable filing periods for applying or reapplying
343343 24 for homestead exemptions under this Code for which the
344344 25 property may be eligible. If the new owner fails to apply or
345345 26 reapply for a homestead exemption during the applicable filing
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356356 1 period or the property no longer qualifies for an existing
357357 2 homestead exemption, the assessor shall cancel such exemption
358358 3 for any ensuing assessment year.
359359 4 (j) In counties with fewer than 3,000,000 inhabitants, in
360360 5 the event of a sale of homestead property the homestead
361361 6 exemption shall remain in effect for the remainder of the
362362 7 assessment year of the sale. The assessor or chief county
363363 8 assessment officer may require the new owner of the property
364364 9 to apply for the homestead exemption for the following
365365 10 assessment year.
366366 11 (k) Notwithstanding Sections 6 and 8 of the State Mandates
367367 12 Act, no reimbursement by the State is required for the
368368 13 implementation of any mandate created by this Section.
369369 14 (l) The changes made to this Section by this amendatory
370370 15 Act of the 100th General Assembly are effective for the 2018
371371 16 tax year and thereafter.
372372 17 (Source: P.A. 102-895, eff. 5-23-22.)
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