SB0051 102ND GENERAL ASSEMBLY

LRB102 00214 HLH 10216 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0051

Introduced 1/29/2021, by Sen. Rachelle Crowe

SYNOPSIS AS INTRODUCED:

35 ILCS 200/15-178 new

Amends the Property Tax Code. Provides that a county may, by ordinance, enact a law enforcement officer's homestead exemption in the amount of $1,500 to be deducted from the value of qualified property that is the primary residence of an eligible law enforcement officer. Effective June 1, 2021.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning revenue.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Property Tax Code is amended by adding Section 15-178 as follows:

(35 ILCS 200/15-178 new)

Sec. 15-178. Law enforcement officers' homestead exemption.

(a) As used in this Section:

"Department" means the Department of Revenue.

"Eligible law enforcement officer" means a sheriff meeting the requirements of Section 3-6 of the Counties Code, a sheriff's deputy meeting the requirements of Section 3-6 of the Counties Code, a court security officer defined in Section 3-6012.1 of the Counties Code, a mental health specialist as defined in Section 3-6012.2 of the Counties Code, any person appointed to the police force of a police department and sworn and commissioned to perform police duties, or any person employed by a State, county, municipality, special district, college, unit of government, or any other entity authorized by law to employ peace officers or exercise police authority and who is primarily responsible for the prevention or detection of crime and the enforcement of the laws of this State.

"Qualified residence" means real property, but less any portion of that property that is used for commercial purposes, with an equalized assessed value of less than $250,000 that is the primary residence of an eligible law enforcement officer. Property rented for more than 6 months is presumed to be used for commercial purposes.

(b) A county may, by ordinance, enact the homestead exemption described in this Section.

(c) Beginning with the taxable year immediately following the enactment of an ordinance, or later if specified by the ordinance, an annual homestead exemption is granted to eligible law enforcement officers in the amount of $1,500 to be deducted from the property's value as equalized or assessed by the Department of Revenue. The eligible law enforcement officer shall receive the homestead exemption upon a qualified residence meeting all of the following requirements:

(1) the qualified residence must be occupied as the primary residence by the eligible law enforcement officer;

(2) the eligible law enforcement officer must be liable for paying the real estate taxes on the qualified residence; and

(3) the eligible law enforcement officer must be an owner of record of the property or have a legal or equitable interest in the property as evidenced by a written instrument. In the case of a leasehold interest in property, the lease must be for a single family residence.

(d) An eligible law enforcement officer during the taxable year may apply for this homestead exemption during that taxable year. Application must be made during the application period in effect for the county in which the property is located and in accordance with the local ordinance.

(e) chief county assessment officer in a county that has enacted the law enforcement officers' homestead exemption shall determine the eligibility of property to receive the homestead exemption according to guidelines established by the Department. After a person has received an exemption under this Section, an annual verification of eligibility for the exemption shall be mailed to the taxpayer.

(f) When a homestead exemption has been granted under this Section and the person qualifying subsequently becomes a resident of a facility licensed under the Assisted Living and Shared Housing Act, the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act, the exemption shall continue so long as the residence continues to be occupied by the qualifying person's spouse or if the residence remains unoccupied but is still owned by the person qualified for the homestead exemption.

(g) If more than one law enforcement officer meet the requirements of subsection (c) for a single property, the homestead exemption remains $1,500.

Section 99. Effective date. This Act takes effect June 1, 2021.