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HB5433 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5433
Introduced 2/13/2026, by Rep. Justin Slaughter
SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 105/5.1038 new
Creates the Circuit Breaker Property Tax Relief Act. Provides that an
individual: (i) who is domiciled in this State; (ii) who is eligible for
and receives either the general homestead exemption or the general
alternative homestead exemption; (iii) who has experienced property tax
bill spikes; and (iv) who has an income that meets a specified income
eligibility limitation is eligible for a grant of a portion of the person's
property tax bill spike. Provides that the maximum amount of grant to which
a claimant is entitled is 50% 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 19655 HLH 33104 b
A BILL FOR
HB5433
LRB104 19655 HLH 33104 b
1
AN ACT concerning revenue.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
5
Circuit Breaker Property Tax Relief Act.
6
Section 5.
Purpose.
The purpose of this Act is to assist
7
homeowners in this State to retain private housing of their
8
choice, to relieve those residents from the burdens of
9
extraordinary property tax spikes, and to preserve the
10
character and unique qualities of the neighborhoods in which
11
they live.
12
Section 10.
Definitions.
As used in this Act, unless the
13
context otherwise requires, words and phrases have the
14
following meanings.
15
"Claimant" means a homeowner who has filed a claim for a
16
circuit breaker property tax relief grant under this Act.
17
"Claim year" means the calendar year prior to the period
18
of time during which a claimant may file an application for
19
benefits under this Act.
20
"Department" means the Department of Revenue.
21
"Federal poverty level" means the federal poverty income
22
guidelines as determined annually by the United States
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Department of Health and Human Services and updated
2
periodically in the Federal Register by that Department under
3
the authority of 42 U.S.C. 9902(2).
4
"Household" means a claimant or a claimant and his or her
5
spouse, if any, living together in the same residence. An
6
additional resident may be counted in determining household
7
size.
8
"Household income" means the combined income of the
9
members of a household.
10
"Income" means adjusted gross income, properly reportable
11
for federal income tax purposes under the provisions of the
12
Internal Revenue Code, modified by adding thereto the sum of
13
the following amounts to the extent deducted or excluded from
14
gross income in the computation of adjusted gross income:
15
(1) An amount equal to all amounts paid or accrued as
16
interest or dividends during the taxable year;
17
(2) An amount equal to the amount of tax imposed by the
18
Illinois Income Tax Act paid for the taxable year;
19
(3) An amount equal to all amounts received during the
20
taxable year as an annuity under an annuity, endowment or
21
life insurance contract or under any other contract or
22
agreement;
23
(4) An amount equal to the amount of benefits paid
24
under the Federal Social Security Act during the taxable
25
year;
26
(5) An amount equal to the amount of benefits paid
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under the Railroad Retirement Act during the taxable year;
2
(6) An amount equal to the total amount of cash public
3
assistance payments received from any governmental agency
4
during the taxable year other than benefits received
5
pursuant to this Act;
6
(7) An amount equal to any net operating loss
7
carryover deduction or capital loss carryover deduction
8
during the taxable year; and
9
(8) An amount equal to any benefits received under the
10
Workers' Compensation Act or the Workers' Occupational
11
Diseases Act during the taxable year.
12
"Income" does not include any distributions or items of
13
income described under subparagraph (X) of paragraph (2) of
14
subsection (a) of Section 203 of the Illinois Income Tax Act.
15
"Income eligibility limitation" means a household income
16
not to exceed 4 times the federal poverty level for the
17
household size. As an alternative income valuation, a
18
homeowner who is enrolled in any of the following programs may
19
be presumed to have household income that does not exceed the
20
maximum income limitation for that tax year as required by
21
this Section: Aid to the Aged, Blind or Disabled (AABD)
22
Program or the Supplemental Nutrition Assistance Program
23
(SNAP), both of which are administered by the Department of
24
Human Services; the Low Income Home Energy Assistance Program
25
(LIHEAP), which is administered by the Department of Commerce
26
and Economic Opportunity; The Benefit Access program, which is
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administered by the Department on Aging; and the Senior
2
Citizens Real Estate Tax Deferral Program.
3
"Internal Revenue Code" means the United States Internal
4
Revenue Code of 1986 or any successor law or laws relating to
5
federal income taxes in effect for the year.
6
"Property taxes accrued" means the ad valorem property
7
taxes levied against a residence, but does not include special
8
assessments, interest, or charges for service. In the case of
9
real estate improved with a multi-dwelling or multipurpose
10
building, "property taxes accrued" means property taxes levied
11
against a residence within such a building in an amount equal
12
to the same percentage of the total property taxes levied
13
against that real estate as improved as the value of the
14
residence is to the total value of the building. If the
15
building is a condominium, the percentage shall be that set
16
forth for each residence in the condominium declaration. If
17
the multi-dwelling building is owned and operated as a
18
cooperative, the value of an individual residence is the value
19
of the interest in the cooperative held by the owner of record
20
of the legal or equitable interest, other than a leasehold
21
interest, in the cooperative which confers the right to occupy
22
that residence. In determining the amount of the grant under
23
Section 20, the applicable "property taxes accrued", as
24
determined under this Section, are those due and owing for the
25
last preceding taxable year.
26
In addition, if the residence is a mobile home as defined
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in and subject to the tax imposed by the Mobile Home Local
2
Services Tax Act, "property taxes accrued" includes the amount
3
of privilege tax paid during the calendar year for which
4
benefits are claimed under that Act on that mobile home. If (i)
5
the residence is a mobile home, (ii) the resident is the record
6
owner of the property upon which the mobile home is located,
7
and (iii) the resident is liable for the taxes imposed under
8
the Property Tax Code for both the mobile home and the
9
property, then "property taxes accrued" includes the amount of
10
property taxes paid on both the mobile home and the property
11
upon which the mobile home is located.
12
"Property tax bill spike" means that the home:
13
(1) has not been improved other than by routine
14
maintenance;
15
(2) has been classed the same way since the year prior
16
to the last reassessment preceding 2022;
17
(3) has had the same owner since the year prior to the
18
last reassessment preceding 2022 or was inherited from the
19
same owner; and
20
(4) has had accrued property taxes for the property
21
grow at least 25% year over year in any single year since
22
the year prior to the last reassessment preceding 2022,
23
for counties of 250,000 or more residents, or 20% year
24
over year in any single year since the year prior to the
25
last reassessment preceding 2022, for any other county.
26
"Property tax bill spike" does not include a tax bill
HB5433
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1
increase of $500 or less.
2
"Residence" means the principal dwelling place occupied in
3
this State by a household and so much of the surrounding land
4
as is reasonably necessary for use of the dwelling as a home,
5
and includes rental residential property owned by the occupant
6
within a multipurpose building. If the assessor has
7
established a specific legal description for a portion of
8
property constituting the residence, then that portion of
9
property shall be deemed "residence" for the purposes of this
10
Act.
11
"Taxable year" means the calendar year during which ad
12
valorem property taxes payable in the next succeeding calendar
13
year were levied.
14
Section 15.
Circuit Breaker Property Tax Relief Fund.
15
(a) There is created in the State treasury a Circuit
16
Breaker Property Tax Relief Fund.
17
(b) The Circuit Breaker Property Tax Relief Fund may
18
accept funds from the State and from other entities. Once
19
grants have been paid, any remaining funds shall be returned
20
first to the State and then to other entities that may have
21
contributed funds. Other entities that contribute funds may
22
elect to leave funds in the Circuit Breaker Property Tax
23
Relief Fund for payments related to subsequent tax years.
24
(c) Payments from the Circuit Breaker Property Tax Relief
25
Fund on behalf of or for the benefit of claimants shall be made
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1
to coincide as closely as possible with the final installment
2
of property tax bills and may be issued directly to local
3
taxing bodies on behalf of the claimant, provided that the
4
property tax bill for claimants is reduced by the amount of
5
their claim, whether through an abatement or other means.
6
Section 20.
Amount of grant.
7
(a) Any individual who is domiciled in this State is
8
eligible for and receives either a general homestead exemption
9
under Section 15-175 of the Property Tax Code or a general
10
alternative homestead exemption under Section 15-176 of the
11
Property Tax Code, has experienced property tax bill spikes,
12
and has an income that meets the income eligibility limitation
13
is eligible for a grant of a portion of their bill spike.
14
(b) Except as otherwise provided in this Act, the maximum
15
amount of grant to which a claimant is entitled is 50% of the
16
claimant's tax bill spike.
17
(c) If title to the residence is held jointly by the
18
claimant with a person who is not a member of his or her
19
household, the amount of property taxes accrued used in
20
computing the amount of grant to which he or she is entitled
21
shall be the same percentage of property taxes accrued as is
22
the percentage of ownership held by the claimant in the
23
residence.
24
Section 25.
Application.
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(a) The Chief County Assessment Officer shall establish
2
the content, required eligibility and identification
3
information, use of social security numbers, and manner of
4
applying for benefits in a simplified format under this Act.
5
(b) Applications for grants under this Act shall be filed
6
online.
7
(c) Applications must be filed during the time period
8
prescribed by the Chief County Assessment Officer.
9
Section 30.
Procedure.
10
(a) Claims must be filed after January 1 on forms
11
prescribed by the Chief County Assessment Officer. No claim
12
may be filed more than one year after December 31 of the tax
13
year for which the claim is filed.
14
(b) The right to file a claim under this Act shall be
15
personal to the claimant and shall not survive his death, but
16
such right may be exercised on behalf of a claimant by his
17
legal guardian or attorney-in-fact. If a claimant dies after
18
having filed a timely claim, the amount thereof shall be
19
disbursed on behalf of a person who inherited title to the
20
house, provided that such person resided with the claimant at
21
the time he or she filed the claim.
22
(c) Only one member of a household may file a claim under
23
this Act in any calendar year. If both members of a household
24
are otherwise entitled to claim a grant under this Act, they
25
must agree as to which of them will file a claim for that year.
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(d) A person may not under any circumstances charge a fee
2
to a claimant under this Act for assistance in completing an
3
application form for a property tax relief grant under this
4
Act.
5
Section 35.
Administration.
6
(a) Upon receipt of a timely filed claim, the Chief County
7
Assessment Officer shall determine whether the claimant is a
8
person entitled to a grant under this Act and the amount of
9
grant to which he is entitled under this Act. The Chief County
10
Assessment Officer may require the claimant to furnish
11
reasonable proof of the statements of domicile, household
12
income, property taxes accrued and other matters on which
13
entitlement is based, and may withhold approval of a grant
14
until such additional proof is furnished. If the Chief County
15
Assessment Officer provides such information from other
16
records available to them, the claimant may rebut or augment
17
such information.
18
(b) The Chief County Assessment Officer shall deny claims
19
which have been fraudulently prepared or when he or she finds
20
that the claimant has acquired title to his residence or has
21
paid rent for his residence primarily for the purpose of
22
receiving a grant under this Act.
23
(c) Upon request, the Comptroller shall transfer funds
24
from the fund to be held by the county for payment on behalf of
25
homeowners. In the first year that a county requests funds,
HB5433
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LRB104 19655 HLH 33104 b
1
the Comptroller shall transfer, from funds available in the
2
fund, $10 per residential parcel in the county to be held in
3
the county. To the extent that funds are received from a
4
County, those funds may be transferred only to be used in that
5
county. A county may request additional funds with a showing
6
of greater eligibility. In a subsequent year, the Comptroller
7
shall transfer sufficient funds such that, together with
8
unused funds retained from a prior year, the county is holding
9
the greater of $10 per residential parcel or the amount needed
10
for the immediately prior year. To the extent that the
11
Comptroller is required to transfer funds, the transfer shall
12
occur, if possible, at least 15 days before the date when the
13
final installment tax bills are scheduled to be mailed under
14
Article 21 of this Code. Any funds not used as provided in this
15
Act shall be returned to the Fund after 3 years.
16
Section 40.
Payment and denial of claims.
17
(a) In general. The Fund shall make payments, from
18
appropriations made for that purpose of grants to claimants
19
under this Act and from other entities, in the amounts to which
20
the Chief County Assessment Officer has determined they are
21
entitled, respectively. If a claim is denied, the Chief County
22
Assessment Officer shall cause written notice of that denial
23
and the reasons for that denial to be sent to the claimant.
24
(b) Payment of claims one dollar and under. Where the
25
amount of the grant computed under Section 20 is less than one
HB5433
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1
dollar, the claimant shall receive one dollar.
2
(c) Right to appeal. Any person aggrieved by an action or
3
determination arising under this Act may request in writing
4
reconsideration of that action or determination, setting out
5
the facts upon which the request is based.
6
Section 45.
Fraud; error.
7
(a) Any person who files a fraudulent claim for a grant
8
under this Act, who for compensation prepares a claim for a
9
grant and knowingly enters false information on an application
10
for any claimant under this Act, who fraudulently files
11
multiple applications, or who files a fraudulent request for
12
payment is guilty of a Class 4 felony for the first offense and
13
is guilty of a Class 3 felony for each subsequent offense.
14
(b) The Department may recover from a claimant any amount
15
paid to that claimant under this Act on account of an erroneous
16
or fraudulent claim, together with 6% interest per year.
17
Amounts recoverable from a claimant by the Department under
18
this Act may, but need not, be recovered by offsetting the
19
amount owed against any future grant payable to the person
20
under this Act.
21
(c) A prosecution for a violation of this Section may be
22
commenced at any time within 3 years of the commission of that
23
violation.
24
Section 50.
Arrangements.
No inference, implication, or
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1
presumption of legislative construction shall be drawn or made
2
by reason of the location or grouping of any particular
3
Section or provision of this Act.
4
Section 55.
Severability.
If any clause, sentence,
5
Section, provision or part of this Act or the application
6
thereof to any person or circumstance shall be adjudged to be
7
unconstitutional, the remainder of this Act or its application
8
to persons or circumstances other than those to which it is
9
held invalid, shall not be affected thereby.
10
Section 60.
Rules.
11
(a) Notwithstanding any other provision to the contrary,
12
the Chief County Assessment Officer may adopt rules regarding
13
applications, proof of eligibility, required identification
14
information, use of social security numbers, and counting of
15
income.
16
(b) The Chief County Assessment Officer may, subject to
17
appropriations made for that purpose:
18
(1) attempt to secure the cooperation of appropriate
19
federal, State and local agencies in securing the names
20
and addresses of persons to whom this Act pertains;
21
(2) prepare a mailing list of persons eligible for
22
grants under this Act; and
23
(3) secure the cooperation of the Department of
24
Revenue, other State agencies, local business
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1
establishments, and interest groups to educate the public
2
about the application process under this Act to those
3
eligible to file claims.
4
Section 900.
The State Finance Act is amended by adding
5
Section 5.1038 as follows:
6
(30 ILCS 105/5.1038 new)
7
Sec. 5.1038.
The Circuit Breaker Property Tax Relief Fund.
8
Section 999.
Effective date.
This Act takes effect upon
9
becoming law.
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