Full Text of HB4247 94th General Assembly
HB4247 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4247
Introduced 12/12/2005, by Rep. John E. Bradley SYNOPSIS AS INTRODUCED: |
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35 ILCS 200/15-165 |
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35 ILCS 200/15-166 new |
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Amends the Property Tax Code. Ends the current exemption for disabled veterans with the 2005 tax year. Beginning with the 2006 tax year, provides a property tax exemption for property that is owned and used as a homestead by a disabled veteran or the spouse or unmarried
surviving spouse of the veteran. Provides that the amount of the exemption is an amount equal to the assessed value of the property multiplied by the percentage of disability of the veteran. Sets forth requirements for the exemptions. Provides that a surviving spouse may transfer the exemption to homestead property acquired after the veteran's death. Requires an annual application for the exemptions. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB4247 |
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LRB094 15354 BDD 50545 b |
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| AN ACT concerning revenue.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Property Tax Code is amended by changing | 5 |
| Section 15-165 and by adding Section 15-166 as follows:
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| (35 ILCS 200/15-165)
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| Sec. 15-165. Disabled veterans. This Section applies | 8 |
| through the 2005 tax year.
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| Property up to an assessed value of $70,000,
owned and used | 10 |
| exclusively by a disabled veteran, or the spouse or unmarried
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| surviving spouse of the veteran, as a home, is exempt. As used | 12 |
| in this
Section, a disabled veteran means a person who has | 13 |
| served in the Armed Forces
of the United States and whose | 14 |
| disability is of such a nature that the Federal
Government has | 15 |
| authorized payment for purchase or construction of Specially
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| Adapted Housing as set forth in the United States Code, Title | 17 |
| 38, Chapter 21,
Section 2101.
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| The exemption applies to housing where Federal funds have | 19 |
| been used to
purchase or construct special adaptations to suit | 20 |
| the veteran's disability.
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| The exemption also applies to housing that is specially | 22 |
| adapted to suit the
veteran's disability, and purchased | 23 |
| entirely or in part by the proceeds of a
sale, casualty loss | 24 |
| reimbursement, or other transfer of a home for which the
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| Federal Government had previously authorized payment for | 26 |
| purchase or
construction as Specially Adapted Housing.
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| However, the entire proceeds of the sale, casualty loss | 28 |
| reimbursement, or
other transfer of that housing shall be | 29 |
| applied to the acquisition of
subsequent specially adapted | 30 |
| housing to the extent that the proceeds equal the
purchase | 31 |
| price of the subsequently acquired housing.
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| For purposes of this Section, "unmarried surviving spouse" |
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HB4247 |
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LRB094 15354 BDD 50545 b |
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| means the
surviving spouse of the veteran at any time after the | 2 |
| death of the veteran
during which such surviving spouse is not | 3 |
| married.
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| This exemption must be reestablished on an annual basis by
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| certification from the Illinois Department of Veterans' | 6 |
| Affairs to the
Department, which shall forward a copy of the | 7 |
| certification to local
assessing officials.
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| (Source: P.A. 94-310, eff. 7-25-05.)
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| (35 ILCS 200/15-166 new) | 10 |
| Sec. 15-166. Disabled veterans; surviving spouses. | 11 |
| (a) This Section applies to tax years 2006 and thereafter.
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| (b) Property that is
owned and used exclusively by a | 13 |
| disabled veteran, or the spouse or unmarried
surviving spouse | 14 |
| of the veteran, as a home, is entitled to an exemption in an | 15 |
| amount set forth under subsection (c). As used in this
Section, | 16 |
| a disabled veteran means a veteran who was honorably discharged | 17 |
| with a service-connected disability and for whom a letter from | 18 |
| the United States Government or United States Department of | 19 |
| Veterans Affairs or its predecessor has been issued certifying | 20 |
| that the veteran suffers from a disablity. "Veteran" means an | 21 |
| Illinois resident who has served as a member of the United | 22 |
| States Armed Forces on active duty or State active duty, a | 23 |
| member of the Illinois National Guard, or a member of the | 24 |
| United States Reserve Forces. | 25 |
| (c) The amount of the exemption under this Section is an | 26 |
| amount equal to the assessed value of the property multiplied | 27 |
| by the percentage of disability of the veteran as certified by | 28 |
| the United States Government or United States Department of | 29 |
| Veterans Affairs or its predecessor.
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| (d) The production by a veteran or the spouse or surviving | 31 |
| spouse of a letter of disability from the United States | 32 |
| Government or United States Department of Veterans Affairs or | 33 |
| its predecessor before the chief county assessment officer of | 34 |
| the county in which property of the veteran lies is prima facie | 35 |
| evidence of the fact that the veteran or the surviving spouse |
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LRB094 15354 BDD 50545 b |
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| is entitled to the exemption. | 2 |
| If the disabled veteran predeceases his or her spouse and | 3 |
| if, upon the death of the veteran, the spouse holds the legal | 4 |
| or beneficial title to the homestead and permanently resides | 5 |
| thereon, then the exemption from taxation carries over to the | 6 |
| benefit of the veteran's spouse until such time as he or she | 7 |
| remarries or sells or otherwise disposes of the property. If | 8 |
| the spouse sells the property, then an exemption not to exceed | 9 |
| the amount granted from the most recent ad valorem tax roll may | 10 |
| be transferred to his or her new residence, as long as it is | 11 |
| used as his or her primary residence and he or she does not | 12 |
| remarry. | 13 |
| (e) Every person who, on January 1, has the legal title to | 14 |
| real or personal property that is entitled to an exemption | 15 |
| under this Section must, on or before March 1 of each year, | 16 |
| file an application for the exemption with the chief county | 17 |
| assessment officer, listing and describing the property for | 18 |
| which exemption is claimed and certifying its ownership and | 19 |
| use. The Department of Revenue shall prescribe the forms upon | 20 |
| which the application is made. The failure to make an | 21 |
| application as required under this subsection constitutes a | 22 |
| waiver of the exemption privilege for that year. | 23 |
| Once an original application for tax exemption has been | 24 |
| granted, in each succeeding year on or before February 1, the | 25 |
| chief county assessment officer must mail a renewal application | 26 |
| to the applicant, and the officer shall accept from each | 27 |
| applicant a renewal application on a form to be prescribed by | 28 |
| the Department of Revenue. This renewal application shall be | 29 |
| accepted as evidence of exemption by the chief county | 30 |
| assessment officer unless he or she denies the application.
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| Section 99. Effective date. This Act takes effect upon | 32 |
| becoming law.
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