Full Text of HB4897 96th General Assembly
HB4897 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4897
Introduced 1/15/2010, by Rep. Raymond Poe SYNOPSIS AS INTRODUCED: |
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35 ILCS 200/15-165 |
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35 ILCS 200/15-169 |
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Amends the Property Tax Code. Provides that the disabled veterans exemption and the disabled veterans standard homestead exemption must be reestablished every 2 years (instead of on an annual basis). 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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HB4897 |
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LRB096 16095 HLH 31344 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 |
| Sections 15-165 and 15-169 as follows:
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| (35 ILCS 200/15-165)
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| Sec. 15-165. Disabled veterans. Property up to an assessed | 8 |
| value of $70,000,
owned and used exclusively by a disabled | 9 |
| veteran, or the spouse or unmarried
surviving spouse of the | 10 |
| veteran, as a home, is exempt. As used in this
Section, a | 11 |
| disabled veteran means a person who has served in the Armed | 12 |
| Forces
of the United States and whose disability is of such a | 13 |
| nature that the Federal
Government has authorized payment for | 14 |
| purchase or construction of Specially
Adapted Housing as set | 15 |
| forth in the United States Code, Title 38, Chapter 21,
Section | 16 |
| 2101.
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| The exemption applies to housing where Federal funds have | 18 |
| been used to
purchase or construct special adaptations to suit | 19 |
| the veteran's disability.
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| The exemption also applies to housing that is specially | 21 |
| adapted to suit the
veteran's disability, and purchased | 22 |
| entirely or in part by the proceeds of a
sale, casualty loss | 23 |
| reimbursement, or other transfer of a home for which the
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HB4897 |
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LRB096 16095 HLH 31344 b |
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| Federal Government had previously authorized payment for | 2 |
| purchase or
construction as Specially Adapted Housing.
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| However, the entire proceeds of the sale, casualty loss | 4 |
| reimbursement, or
other transfer of that housing shall be | 5 |
| applied to the acquisition of
subsequent specially adapted | 6 |
| housing to the extent that the proceeds equal the
purchase | 7 |
| price of the subsequently acquired housing.
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| For purposes of this Section, "unmarried surviving spouse" | 9 |
| means the
surviving spouse of the veteran at any time after the | 10 |
| death of the veteran
during which such surviving spouse is not | 11 |
| married.
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| This exemption must be reestablished every 2 years on an | 13 |
| annual basis by
certification from the Illinois Department of | 14 |
| Veterans' Affairs to the
Department, which shall forward a copy | 15 |
| of the certification to local
assessing officials.
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| A taxpayer who claims an exemption under Section 15-168 or | 17 |
| 15-169 may not claim an exemption under this Section.
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| (Source: P.A. 94-310, eff. 7-25-05; 95-644, eff. 10-12-07.)
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| (35 ILCS 200/15-169)
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| Sec. 15-169. Disabled veterans standard homestead | 21 |
| exemption. | 22 |
| (a) Beginning with taxable year 2007, an annual homestead | 23 |
| exemption, limited to the amounts set forth in subsection (b), | 24 |
| is granted for property that is used as a qualified residence | 25 |
| by a disabled veteran. |
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HB4897 |
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LRB096 16095 HLH 31344 b |
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| (b) The amount of the exemption under this Section is as | 2 |
| follows: | 3 |
| (1) for veterans with a service-connected disability | 4 |
| of at least 75%, as certified by the United States | 5 |
| Department of Veterans Affairs, the annual exemption is | 6 |
| $5,000; and | 7 |
| (2) for veterans with a service-connected disability | 8 |
| of at least 50%, but less than 75%, as certified by the | 9 |
| United States Department of Veterans Affairs, the annual | 10 |
| exemption is $2,500. | 11 |
| (c) The tax exemption under this Section carries over to | 12 |
| the benefit of the veteran's
surviving spouse as long as the | 13 |
| spouse holds the legal or
beneficial title to the homestead, | 14 |
| permanently resides
thereon, and does not remarry. If the | 15 |
| surviving spouse sells
the property, an exemption not to exceed | 16 |
| the amount granted
from the most recent ad valorem tax roll may | 17 |
| be transferred to
his or her new residence as long as it is | 18 |
| used as his or her
primary residence and he or she does not | 19 |
| remarry. | 20 |
| (d) The exemption under this Section applies for taxable | 21 |
| year 2007 and thereafter. A taxpayer who claims an exemption | 22 |
| under Section 15-165 or 15-168 may not claim an exemption under | 23 |
| this Section. | 24 |
| (e) Application must be made during the application period
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| in effect for the county of his or her residence and must be | 26 |
| reestablished every 2 years . The assessor
or chief county |
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| assessment officer may determine the
eligibility of | 2 |
| residential property to receive the homestead
exemption | 3 |
| provided by this Section by application, visual
inspection, | 4 |
| questionnaire, or other reasonable methods. The
determination | 5 |
| must be made in accordance with guidelines
established by the | 6 |
| Department. | 7 |
| (f) For the purposes of this Section: | 8 |
| "Qualified residence" means real
property, but less any | 9 |
| portion of that property that is used for
commercial purposes, | 10 |
| with an equalized assessed value of less than $250,000 that is | 11 |
| the disabled veteran's primary residence. Property rented for | 12 |
| more than 6 months is
presumed to be used for commercial | 13 |
| purposes. | 14 |
| "Veteran" means an Illinois resident who has served as a
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| member of the United States Armed Forces on active duty or
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| State active duty, a member of the Illinois National Guard, or
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| a member of the United States Reserve Forces and who has | 18 |
| received an honorable discharge.
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| (Source: P.A. 95-644, eff. 10-12-07.)
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
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