Rep. Jim Watson
Filed: 3/25/2010
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1 | AMENDMENT TO HOUSE BILL 5623
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2 | AMENDMENT NO. ______. Amend House Bill 5623 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Property Tax Code is amended by changing | ||||||
5 | Section 15-169 as follows: | ||||||
6 | (35 ILCS 200/15-169) | ||||||
7 | Sec. 15-169. Disabled veterans standard homestead | ||||||
8 | exemption. | ||||||
9 | (a) Beginning with taxable year 2007, an annual homestead | ||||||
10 | exemption, limited to the amounts set forth in subsection (b), | ||||||
11 | is granted for property that is used as a qualified residence | ||||||
12 | by a disabled veteran. | ||||||
13 | (b) The amount of the exemption under this Section is as | ||||||
14 | follows: | ||||||
15 | (1) for veterans with a service-connected disability | ||||||
16 | of at least 75%, as certified by the United States |
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1 | Department of Veterans Affairs, the annual exemption is | ||||||
2 | $5,000; and | ||||||
3 | (2) for veterans with a service-connected disability | ||||||
4 | of at least 50%, but less than 75%, as certified by the | ||||||
5 | United States Department of Veterans Affairs, the annual | ||||||
6 | exemption is $2,500. | ||||||
7 | (c) The tax exemption under this Section carries over to | ||||||
8 | the benefit of the veteran's
surviving spouse as long as the | ||||||
9 | spouse holds the legal or
beneficial title to the homestead, | ||||||
10 | permanently resides
thereon, and does not remarry. If the | ||||||
11 | surviving spouse sells
the property, an exemption not to exceed | ||||||
12 | the amount granted
from the most recent ad valorem tax roll may | ||||||
13 | be transferred to
his or her new residence as long as it is | ||||||
14 | used as his or her
primary residence and he or she does not | ||||||
15 | remarry. | ||||||
16 | (d) The exemption under this Section applies for taxable | ||||||
17 | year 2007 and thereafter. A taxpayer who claims an exemption | ||||||
18 | under Section 15-165 or 15-168 may not claim an exemption under | ||||||
19 | this Section. | ||||||
20 | (d-5) Beginning in assessment year 2010, for taxes payable | ||||||
21 | in 2011, property that is first occupied as a qualified | ||||||
22 | residence after January 1 of any assessment year beginning on | ||||||
23 | or after January 1, 2010, by a person who is eligible for an | ||||||
24 | exemption under this Section must be granted a pro-rata | ||||||
25 | exemption for that assessment year. The amount of the pro-rata | ||||||
26 | exemption is the amount of the annual exemption granted under |
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1 | this Section divided by 365 and multiplied by the number of | ||||||
2 | days during the assessment year the property is occupied as a | ||||||
3 | primary residence by a person who is eligible for an exemption | ||||||
4 | under this Section. The chief county assessment officer must | ||||||
5 | adopt reasonable procedures to establish eligibility for this | ||||||
6 | pro-rata exemption. | ||||||
7 | (e) Application must be made during the application period
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8 | in effect for the county of his or her residence. The assessor
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9 | or chief county assessment officer may determine the
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10 | eligibility of residential property to receive the homestead
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11 | exemption provided by this Section by application, visual
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12 | inspection, questionnaire, or other reasonable methods. The
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13 | determination must be made in accordance with guidelines
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14 | established by the Department. | ||||||
15 | (f) For the purposes of this Section: | ||||||
16 | "Qualified residence" means real
property, but less any | ||||||
17 | portion of that property that is used for
commercial purposes, | ||||||
18 | with an equalized assessed value of less than $250,000 that is | ||||||
19 | the disabled veteran's primary residence. Property rented for | ||||||
20 | more than 6 months is
presumed to be used for commercial | ||||||
21 | purposes. | ||||||
22 | "Veteran" means an Illinois resident who has served as a
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23 | member of the United States Armed Forces on active duty or
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24 | State active duty, a member of the Illinois National Guard, or
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25 | a member of the United States Reserve Forces and who has | ||||||
26 | received an honorable discharge. |
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1 | (Source: P.A. 95-644, eff. 10-12-07.)".
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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