SB3515 104TH GENERAL ASSEMBLY

LRB104 19336 JDS 32783 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3515

Introduced 2/5/2026, by Sen. Celina Villanueva

SYNOPSIS AS INTRODUCED:

35 ILCS 200/15-65

Amends the Property Tax Code. In a provision concerning the exemption for property used for charitable or beneficent purposes, provides that the term "institution of public charity" includes a not-for-profit organization that is organized and operated primarily as an entrepreneurial support organization and that supports, mentors, and trains entrepreneurs, if the applicant provides: (i) affirmative evidence that the organization is an exempt organization under Section 501(c)(3) of the Internal Revenue Code or its successor and (ii) affirmative evidence that the property is used for the provision of services typically provided by entrepreneurial support organizations. Provides that an entrepreneurial support organization shall satisfy the conditions for a property tax exemption with respect to any of its properties and shall be issued a charitable exemption for that property if the value of charitable services or activities provided by the entrepreneurial support organization using the property during the relevant year equals or exceeds the estimated property tax liability of the property for the year for which an exemption is sought. Specifies that the provisions of the amendatory Act are declarative of existing law and are to be given retroactive effect.

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 changing Section 15-65 as follows:

(35 ILCS 200/15-65)

Sec. 15-65. Charitable purposes. All property of the following is exempt when actually and exclusively used for charitable or beneficent purposes, and not leased or otherwise used with a view to profit:

(a) Institutions of public charity. As used in this subsection (a), "institution of public charity" includes a not-for-profit organization that is organized and operated primarily as an entrepreneurial support organization and that supports, mentors, and trains entrepreneurs, provided the applicant provides: (i) affirmative evidence that the organization is an exempt organization under Section 501(c)(3) of the Internal Revenue Code or its successor and (ii) affirmative evidence that the property is used for the provision of services typically provided by entrepreneurial support organizations, including, but not limited to, programming, educational facilities, and community and networking resources.

The General Assembly may set a monetary or quantum standard in determining what constitutes an adequate amount of charitable activity necessary to satisfy the test for a charitable property tax exemption. An entrepreneurial support organization shall satisfy the conditions for a property tax exemption with respect to any of its properties and shall be issued a charitable exemption for that property if the value of charitable services or activities provided by the entrepreneurial support organization using the property during the relevant year equals or exceeds the estimated property tax liability of the property for the year for which an exemption is sought.

(b) Beneficent and charitable organizations incorporated in any state of the United States, including organizations whose owner, and no other person, uses the property exclusively for the distribution, sale, or resale of donated goods and related activities and uses all the income from those activities to support the charitable, religious or beneficent activities of the owner, whether or not such activities occur on the property.

(c) Old people's homes, facilities for persons with a developmental disability, and not-for-profit organizations providing services or facilities related to the goals of educational, social and physical development, if, upon making application for the exemption, the applicant provides affirmative evidence that the home or facility or organization is an exempt organization under paragraph (3) of Section 501(c) of the Internal Revenue Code or its successor, and either: (i) the bylaws of the home or facility or not-for-profit organization provide for a waiver or reduction, based on an individual's ability to pay, of any entrance fee, assignment of assets, or fee for services, or (ii) the home or facility is qualified, built or financed under Section 202 of the National Housing Act of 1959, as amended.

An applicant that has been granted an exemption under this subsection on the basis that its bylaws provide for a waiver or reduction, based on an individual's ability to pay, of any entrance fee, assignment of assets, or fee for services may be periodically reviewed by the Department to determine if the waiver or reduction was a past policy or is a current policy. The Department may revoke the exemption if it finds that the policy for waiver or reduction is no longer current.

If a not-for-profit organization leases property that is otherwise exempt under this subsection to an organization that conducts an activity on the leased premises that would entitle the lessee to an exemption from real estate taxes if the lessee were the owner of the property, then the leased property is exempt.

(d) Not-for-profit health maintenance organizations certified by the Director of the Illinois Department of Insurance under the Health Maintenance Organization Act, including any health maintenance organization that provides services to members at prepaid rates approved by the Illinois Department of Insurance if the membership of the organization is sufficiently large or of indefinite classes so that the community is benefited by its operation. No exemption shall apply to any hospital or health maintenance organization which has been adjudicated by a court of competent jurisdiction to have denied admission to any person because of race, color, creed, sex or national origin.

(e) All free public libraries.

(f) Historical societies.

Property otherwise qualifying for an exemption under this Section shall not lose its exemption because the legal title is held (i) by an entity that is organized solely to hold that title and that qualifies under paragraph (2) of Section 501(c) of the Internal Revenue Code or its successor, whether or not that entity receives rent from the charitable organization for the repair and maintenance of the property, (ii) by an entity that is organized as a partnership or limited liability company, in which the charitable organization, or an affiliate or subsidiary of the charitable organization, is a general partner of the partnership or managing member of the limited liability company, for the purposes of owning and operating a residential rental property that has received an allocation of Low Income Housing Tax Credits for 100% of the dwelling units under Section 42 of the Internal Revenue Code of 1986, as amended, or (iii) for any assessment year including and subsequent to January 1, 1996 for which an application for exemption has been filed and a decision on which has not become final and nonappealable, by a limited liability company organized under the Limited Liability Company Act provided that (A) the limited liability company's sole member or members, as that term is used in Section 1-5 of the Limited Liability Company Act, are the institutions of public charity that actually and exclusively use the property for charitable and beneficent purposes; and (B) the limited liability company does not lease the property or otherwise use it with a view to profit.

The changes made by this amendatory Act of the 104th General Assembly are declarative of existing law and shall be applied retroactively where substantively applicable, including all pending actions without regard to when the cause of action accrued.

(Source: P.A. 103-954, eff. 8-9-24.)