97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5135

 

Introduced 2/8/2012, by Rep. Chad Hays

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/15-167.5 new

    Amends the Property Tax Code. Creates a reduction for property that is owned and occupied as the principal residence of the surviving spouse of a veteran who is killed in the line of duty. Provides that the reduction is $5,000 for the taxable year in which the veteran dies and $5,000 for the next taxable year. 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,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by adding
5Section 15-167.5 as follows:
 
6    (35 ILCS 200/15-167.5 new)
7    Sec. 15-167.5. Fallen Veterans' Surviving Spouse Homestead
8Reduction.
9    (a) Beginning with taxable year 2012, a homestead
10reduction, limited to a reduction set forth under subsection
11(b), from the property's value, as equalized or assessed by the
12Department, is granted for property that is owned and occupied
13as the principal residence of the surviving spouse of a veteran
14who is killed in the line of duty if the surviving spouse is
15liable for paying real estate taxes on the property and is an
16owner of record of the property or has a legal or equitable
17interest therein as evidenced by a written instrument, except
18for a leasehold interest, other than a leasehold interest of
19land on which a single family residence is located, which is
20occupied as the principal residence of the surviving spouse.
21For purposes of the reduction under this Section, "veteran"
22means an Illinois resident who is killed in the line of duty
23while serving as a member of the United States Armed Forces, a

 

 

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1member of the Illinois National Guard, or a member of the
2United States Reserve Forces.
3    (b) In all counties, the reduction is $5,000 for the
4taxable year in which the veteran dies and $5,000 for the next
5taxable year. For land improved with an apartment building
6owned and operated as a cooperative, the maximum reduction from
7the value of the property, as equalized by the Department, must
8be multiplied by the number of apartments or units occupied by
9a surviving spouse who is liable, by contract with the owner or
10owners of record, for paying property taxes on the property and
11is an owner of record of a legal or equitable interest in the
12cooperative apartment building, other than a leasehold
13interest. In a cooperative where a homestead reduction has been
14granted, the cooperative association or the management firm of
15the cooperative or facility shall credit the savings resulting
16from that reduction only to the apportioned tax liability of
17the owner or resident who qualified for the reduction. Any
18person who willfully refuses to so credit the savings is guilty
19of a Class B misdemeanor.
20    (c) Application must be made during the application period
21in effect for the county in which the property is located. The
22assessor or chief county assessment officer may determine the
23eligibility of residential property to receive the homestead
24reduction provided by this Section by application, visual
25inspection, questionnaire, or other reasonable methods. The
26determination must be made in accordance with guidelines

 

 

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1established by the Department.
2    (d) The reduction under this Section is in addition to any
3other homestead exemption or reduction provided in this Article
415. Notwithstanding Sections 6 and 8 of the State Mandates Act,
5no reimbursement by the State is required for the
6implementation of any mandate created by this Section.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.