94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2463

 

Introduced 02/17/05, by Rep. Mike Boland - Linda Chapa LaVia - William B. Black

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/15-167 new
30 ILCS 805/8.29 new

    Amends the Property Tax Code. Creates the Veterans' Homestead Exemption, under which an annual homestead exemption, limited to $3,000 per year from the property's value is granted for certain property that is used as the primary residence by a veteran. Defines "veteran" as an Illinois resident who: is or has been a member of the Armed Forces of the United States; is a member of the Ready Reserve of the Illinois National Guard while on active military service under an order of the President of the United States; or is a member of any reserve component of the Armed Forces of the United States while on active military service under an order of the President of the United States. Sets forth procedures for the application and grant of the exemption. Provides that the chief county assessment officer of each county must provide to each person allowed a veterans' Homestead Exemption a form to designate any other person to receive a duplicate of any notice of delinquency in the payment of taxes assessed and levied under this Code on the property of the person receiving the exemption and sets forth procedures for filing and rescinding the designation. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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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 5. The Property Tax Code is amended by adding
5 Section 15-167 as follows:
 
6     (35 ILCS 200/15-167 new)
7     Sec. 15-167. Veterans' Homestead Exemption.
8     (a) An annual homestead exemption limited to a maximum
9 reduction set forth in subsection (c) from the property's
10 value, as equalized or assessed by the Department, is granted
11 for property that is used as the primary residence by a veteran
12 who is liable for paying real estate taxes on the property and
13 is an owner of record of the property or has a legal or
14 equitable interest therein as evidenced by a written
15 instrument, except for a leasehold interest other than a
16 leasehold interest of land on which a single family residence
17 is located, that is used as the primary residence by a veteran
18 who has an ownership interest therein, legal, equitable, or as
19 a lessee, and on which he or she is liable for the payment of
20 property taxes.
21     (b) For the purpose of this Section "veteran" means an
22 Illinois resident who: is or has been a member of the Armed
23 Forces of the United States; is a member of the Ready Reserve
24 of the Illinois National Guard while on active military service
25 under an order of the President of the United States; or is a
26 member of any reserve component of the Armed Forces of the
27 United States while on active military service under an order
28 of the President of the United States.
29     (c) For taxable years 2005 and thereafter, the maximum
30 reduction under this Section is $3,000. For land improved with
31 an apartment building owned and operated as a cooperative, the
32 maximum reduction from the value of the property, as equalized

 

 

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1 by the Department, shall be multiplied by the number of
2 apartments or units used as a primary residence by a veteran
3 who is liable, by contract with the owner or owners of record,
4 for paying property taxes on the property and is an owner of
5 record of a legal or equitable interest in the cooperative
6 apartment building, other than a leasehold interest.
7     (d) A person who is a veteran for any portion of an
8 assessment year is eligible to apply for the homestead
9 exemption under this Section during that assessment year.
10     Property that is first used as a primary residence after
11 January 1 of any assessment year by a person who is eligible
12 for the exemption under this Section must be granted a pro-rata
13 exemption for the assessment year. The amount of the pro-rata
14 exemption is the exemption under this Section divided by 365
15 and multiplied by the number of days during the assessment year
16 the property is used as a primary residence by a veteran.
17     The chief county assessment officer must adopt reasonable
18 procedures to establish eligibility for the pro-rata exemption
19 under this subsection.
20     (e) The assessor or chief county assessment officer may
21 determine the eligibility of residential property to receive
22 the homestead exemption provided by this Section by
23 application, visual inspection, questionnaire or other
24 reasonable methods. The determination shall be made in
25 accordance with guidelines established by the Department.
26     The county board may by resolution provide that if a person
27 has been granted a homestead exemption under this Section, the
28 person qualifying need not reapply for the exemption.
29     If the assessor or chief county assessment officer requires
30 annual application for verification of eligibility for an
31 exemption once granted under this Section, the application
32 shall be mailed to the taxpayer.
33     (f) The chief county assessment officer of each county must
34 provide to each person allowed a homestead exemption under this
35 Section a form to designate any other person to receive a
36 duplicate of any notice of delinquency in the payment of taxes

 

 

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1 assessed and levied under this Code on the property of the
2 person receiving the exemption. The duplicate notice shall be
3 in addition to the notice required to be provided to the person
4 receiving the exemption, and shall be given in the manner
5 required by this Code. The person filing the request for the
6 duplicate notice shall pay a fee of $5 to cover administrative
7 costs to the supervisor of assessments, who shall then file the
8 executed designation with the county collector.
9 Notwithstanding any other provision of this Code to the
10 contrary, the filing of such an executed designation requires
11 the county collector to provide duplicate notices as indicated
12 by the designation. A designation may be rescinded by the
13 person who executed the designation at any time and in the
14 manner and form required by the chief county assessment
15 officer.
16     (g) Notwithstanding Sections 6 and 8 of the State Mandates
17 Act, no reimbursement by the State is required for the
18 implementation of any mandate created by this Section.
 
19     Section 90. The State Mandates Act is amended by adding
20 Section 8.29 as follows:
 
21     (30 ILCS 805/8.29 new)
22     Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8
23 of this Act, no reimbursement by the State is required for the
24 implementation of any mandate created by this amendatory Act of
25 the 94th General Assembly.
 
26     Section 99. Effective date. This Act takes effect upon
27 becoming law.