Illinois General Assembly - Full Text of HB0368
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Full Text of HB0368  101st General Assembly

HB0368 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0368

 

Introduced , by Rep. Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/15-169

    Amends the Property Tax Code. Provides that the homestead exemption for veterans with disabilities carries over to the benefit of the veteran's surviving spouse if the veteran resided outside of the State but otherwise qualified for the exemption at the time of his or her death and the surviving spouse relocates to Illinois after the death of the veteran. Effective immediately.


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

 

 

A BILL FOR

 

HB0368LRB101 05234 HLH 50247 b

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. Homestead exemption for veterans with
8disabilities.
9    (a) Beginning with taxable year 2007, an annual homestead
10exemption, limited to the amounts set forth in subsections (b)
11and (b-3), is granted for property that is used as a qualified
12residence by a veteran with a disability.
13    (b) For taxable years prior to 2015, the amount of the
14exemption under this Section is as follows:
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-3) For taxable years 2015 and thereafter:
6        (1) if the veteran has a service connected disability
7    of 30% or more but less than 50%, as certified by the
8    United States Department of Veterans Affairs, then the
9    annual exemption is $2,500;
10        (2) if the veteran has a service connected disability
11    of 50% or more but less than 70%, as certified by the
12    United States Department of Veterans Affairs, then the
13    annual exemption is $5,000; and
14        (3) if the veteran has a service connected disability
15    of 70% or more, as certified by the United States
16    Department of Veterans Affairs, then the property is exempt
17    from taxation under this Code.
18    (b-5) If a homestead exemption is granted under this
19Section and the person awarded the exemption subsequently
20becomes a resident of a facility licensed under the Nursing
21Home Care Act or a facility operated by the United States
22Department of Veterans Affairs, then the exemption shall
23continue (i) so long as the residence continues to be occupied
24by the qualifying person's spouse or (ii) if the residence
25remains unoccupied but is still owned by the person who
26qualified for the homestead exemption.

 

 

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1    (c) The tax exemption under this Section carries over to
2the benefit of the veteran's surviving spouse as long as the
3spouse holds the legal or beneficial title to the homestead,
4permanently resides thereon, and does not remarry. If the
5surviving spouse sells the property, an exemption not to exceed
6the amount granted from the most recent ad valorem tax roll may
7be transferred to his or her new residence as long as it is
8used as his or her primary residence and he or she does not
9remarry. The tax exemption under this Section also carries over
10to the benefit of the veteran's surviving spouse if the veteran
11resided outside of the State but otherwise qualified for the
12exemption at the time of his or her death and the surviving
13spouse relocates to Illinois after the death of the veteran.
14    (c-1) Beginning with taxable year 2015, nothing in this
15Section shall require the veteran to have qualified for or
16obtained the exemption before death if the veteran was killed
17in the line of duty.
18    (d) The exemption under this Section applies for taxable
19year 2007 and thereafter. A taxpayer who claims an exemption
20under Section 15-165 or 15-168 may not claim an exemption under
21this Section.
22    (e) Each taxpayer who has been granted an exemption under
23this Section must reapply on an annual basis. Application must
24be made during the application period in effect for the county
25of his or her residence. The assessor or chief county
26assessment officer may determine the eligibility of

 

 

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1residential property to receive the homestead exemption
2provided by this Section by application, visual inspection,
3questionnaire, or other reasonable methods. The determination
4must be made in accordance with guidelines established by the
5Department.
6    (e-1) If the person qualifying for the exemption does not
7occupy the qualified residence as of January 1 of the taxable
8year, the exemption granted under this Section shall be
9prorated on a monthly basis. The prorated exemption shall apply
10beginning with the first complete month in which the person
11occupies the qualified residence.
12    (f) For the purposes of this Section:
13    "Qualified residence" means real property, but less any
14portion of that property that is used for commercial purposes,
15with an equalized assessed value of less than $250,000 that is
16the primary residence of a veteran with a disability. Property
17rented for more than 6 months is presumed to be used for
18commercial purposes.
19    "Veteran" means an Illinois resident who has served as a
20member of the United States Armed Forces on active duty or
21State active duty, a member of the Illinois National Guard, or
22a member of the United States Reserve Forces and who has
23received an honorable discharge.
24(Source: P.A. 99-143, eff. 7-27-15; 99-375, eff. 8-17-15;
2599-642, eff. 7-28-16; 100-869, eff. 8-14-18.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.