97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5604

 

Introduced 2/15/2012, by Rep. Chad Hays

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/15-169

    Amends the Property Tax Code. In a Section concerning the disabled veterans standard homestead exemption, provides that a veteran with a service-connected disability of at least 70% does not need to reapply for the exemption.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Section 15-169 as follows:
 
6    (35 ILCS 200/15-169)
7    Sec. 15-169. Disabled veterans standard homestead
8exemption.
9    (a) Beginning with taxable year 2007, an annual homestead
10exemption, limited to the amounts set forth in subsection (b),
11is granted for property that is used as a qualified residence
12by a disabled veteran.
13    (b) The amount of the exemption under this Section is as
14follows:
15        (1) for veterans with a service-connected disability
16    of at least (i) 75% for exemptions granted in taxable years
17    2007 through 2009 and (ii) 70% for exemptions granted in
18    taxable year 2010 and each taxable year thereafter, as
19    certified by the United States Department of Veterans
20    Affairs, the annual exemption is $5,000; and
21        (2) for veterans with a service-connected disability
22    of at least 50%, but less than (i) 75% for exemptions
23    granted in taxable years 2007 through 2009 and (ii) 70% for

 

 

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1    exemptions granted in taxable year 2010 and each taxable
2    year thereafter, as certified by the United States
3    Department of Veterans Affairs, the annual exemption is
4    $2,500.
5    (b-5) If a homestead exemption is granted under this
6Section and the person awarded the exemption subsequently
7becomes a resident of a facility licensed under the Nursing
8Home Care Act or a facility operated by the United States
9Department of Veterans Affairs, then the exemption shall
10continue (i) so long as the residence continues to be occupied
11by the qualifying person's spouse or (ii) if the residence
12remains unoccupied but is still owned by the person who
13qualified for the homestead exemption.
14    (c) The tax exemption under this Section carries over to
15the benefit of the veteran's surviving spouse as long as the
16spouse holds the legal or beneficial title to the homestead,
17permanently resides thereon, and does not remarry. If the
18surviving spouse sells the property, an exemption not to exceed
19the amount granted from the most recent ad valorem tax roll may
20be transferred to his or her new residence as long as it is
21used as his or her primary residence and he or she does not
22remarry.
23    (d) The exemption under this Section applies for taxable
24year 2007 and thereafter. A taxpayer who claims an exemption
25under Section 15-165 or 15-168 may not claim an exemption under
26this Section.

 

 

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1    (e) Each taxpayer with a service-connected disability of
2less than 70% who has been granted an exemption under this
3Section must reapply on an annual basis. Application must be
4made during the application period in effect for the county of
5his or her residence. A taxpayer with a service-connected
6disability of at least 70% does not need to reapply for the
7exemption. The assessor or chief county assessment officer may
8determine the eligibility of residential property to receive
9the homestead exemption provided by this Section by
10application, visual inspection, questionnaire, or other
11reasonable methods. The determination must be made in
12accordance with guidelines established by the Department.
13    (f) For the purposes of this Section:
14    "Qualified residence" means real property, but less any
15portion of that property that is used for commercial purposes,
16with an equalized assessed value of less than $250,000 that is
17the disabled veteran's primary residence. Property rented for
18more than 6 months is presumed to be used for commercial
19purposes.
20    "Veteran" means an Illinois resident who has served as a
21member of the United States Armed Forces on active duty or
22State active duty, a member of the Illinois National Guard, or
23a member of the United States Reserve Forces and who has
24received an honorable discharge.
25(Source: P.A. 96-1298, eff. 1-1-11; 96-1418, eff. 8-2-10;
2697-333, eff. 8-12-11.)