Full Text of HB0114 95th General Assembly
HB0114 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0114
Introduced 1/19/2007, by Rep. JoAnn D. Osmond - Michael P. McAuliffe - Jim Watson and Harry R. Ramey, Jr. 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. Creates a property tax exemption for property that is owned and used as a homestead by a disabled veteran who has, at least, a 50% disability. Sets forth requirements for the exemption. Requires an annual application for the exemption. Provides that a current exemption for disabled veterans does not apply if the taxpayer receives an exemption created by this amendatory Act.
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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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HB0114 |
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LRB095 03867 BDD 23898 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.
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| Property up to an assessed value of $70,000,
owned and used | 9 |
| 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 | 11 |
| in this
Section, a disabled veteran means a person who has | 12 |
| served in the Armed Forces
of the United States and whose | 13 |
| disability is of such a nature that the Federal
Government has | 14 |
| authorized payment for purchase or construction of Specially
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| Adapted Housing as set forth in the United States Code, Title | 16 |
| 38, Chapter 21,
Section 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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LRB095 03867 BDD 23898 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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| This exemption does not apply for any taxable year for | 9 |
| which the taxpayer receives an exemption under Section 15-166.
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| For purposes of this Section, "unmarried surviving spouse" | 11 |
| means the
surviving spouse of the veteran at any time after the | 12 |
| death of the veteran
during which such surviving spouse is not | 13 |
| 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' | 16 |
| Affairs to the
Department, which shall forward a copy of the | 17 |
| 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) | 20 |
| Sec. 15-166. Disabled veterans with 50% disability. | 21 |
| (a) This Section applies to taxable years 2007 and | 22 |
| thereafter.
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| (b) Property that is
owned and used exclusively by a | 24 |
| disabled veteran is exempt. As used in this
Section: "disabled | 25 |
| veteran" means a veteran who was honorably discharged with a |
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| service-connected disability and for whom documentation, in | 2 |
| any form, from any branch of the United States Armed Forces has | 3 |
| been issued certifying that the veteran suffers from a | 4 |
| disability of at least 50%; and "veteran" means an Illinois | 5 |
| resident who has served as a member of the United States Armed | 6 |
| Forces on active duty or State active duty, a member of the | 7 |
| Illinois National Guard, or a member of the United States | 8 |
| Reserve Forces. | 9 |
| (c) Every person who, on January 1, has the legal title to | 10 |
| real or personal property that is entitled to an exemption | 11 |
| under this Section must, on or before March 1 of each year, | 12 |
| file an application for the exemption with the chief county | 13 |
| assessment officer, listing and describing the property for | 14 |
| which exemption is claimed and certifying its ownership and | 15 |
| use. The Department of Revenue shall prescribe the forms upon | 16 |
| which the application is made. The failure to make an | 17 |
| application as required under this subsection constitutes a | 18 |
| waiver of the exemption privilege for that year. | 19 |
| The production by a veteran of a letter of disability from | 20 |
| the United States Government or United States Department of | 21 |
| Veterans Affairs or its predecessor, indicating a disability of | 22 |
| at least 50%, before the chief county assessment officer of the | 23 |
| county in which property of the veteran lies is prima facie | 24 |
| evidence of the fact that the veteran or the surviving spouse | 25 |
| is entitled to the exemption. | 26 |
| Once an original application for tax exemption has been |
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| granted, in each succeeding year on or before February 1, the | 2 |
| chief county assessment officer must mail a renewal application | 3 |
| to the applicant, and the officer shall accept from each | 4 |
| applicant a renewal application on a form to be prescribed by | 5 |
| the Department of Revenue. This renewal application shall be | 6 |
| accepted as evidence of exemption by the chief county | 7 |
| assessment officer unless he or she denies the application.
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