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92_SB1785 LRB9213666SMdv 1 AN ACT concerning homestead exemptions. 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 changing 5 Section 15-165 and by adding Section 15-164 as follows: 6 (35 ILCS 200/15-164 new) 7 Sec. 15-164. Homestead exemption; veterans and surviving 8 spouses. 9 (a) Any real estate that is owned and used by a veteran 10 as homestead property, as defined in Section 15-175, is 11 exempt from taxation if (i) the veteran was honorably 12 discharged with a service-connected total and permanent 13 disability and a letter from the United States Government or 14 United States Department of Veterans Affairs or its 15 predecessor has been issued certifying that the veteran is 16 totally and permanently disabled and (ii) the veteran is a 17 permanent resident of this State on January 1 of the tax year 18 for which the exemption is being claimed. 19 If a totally and permanently disabled veteran predeceases 20 his or her spouse and if, upon the death of the veteran, the 21 spouse holds the legal or beneficial title to the homestead 22 property and permanently resides thereon, the exemption from 23 taxation carries over to the benefit of the veteran's spouse 24 until such time as the spouse remarries or sells or otherwise 25 disposes of the property. If the spouse sells the property, 26 an exemption not to exceed the exemption amount granted from 27 the most recent equalized assessed value of the property may 28 be transferred to the spouse's new residence, as long as it 29 is used as the spouse's primary residence and the spouse does 30 not remarry. 31 The filing of a copy of a letter that was issued as -2- LRB9213666SMdv 1 required under this subsection with the chief county 2 assessment officer of the county in which property is located 3 is prima facie evidence that the veteran or the surviving 4 spouse is entitled to the exemption under this subsection. 5 (b) Any real estate that is owned and used as homestead 6 property by the surviving spouse of a veteran is exempt from 7 taxation if (i) the veteran died from service-connected 8 causes while on active duty as a member of the United States 9 Armed Forces and a letter from the United States Government 10 or United States Department of Veterans Affairs or its 11 predecessor has been issued certifying that the veteran died 12 from service-connected causes while on active duty, (ii) the 13 veteran was a permanent resident of this State on January 1 14 of the year in which the veteran died, (iii) the property was 15 the homestead of the veteran and his or her surviving spouse 16 at the time of the veteran's death, and (iv) the spouse has 17 not remarried. 18 The tax exemption that applies under this subsection to 19 the surviving spouse carries over to the benefit of the 20 veteran's surviving spouse as long as the spouse holds the 21 legal or beneficial title to the homestead property, 22 permanently resides thereon, and does not remarry. If the 23 surviving spouse sells the property, an exemption not to 24 exceed the exemption amount granted from the most recent 25 equalized assessed value of the property may be transferred 26 to the spouse's new residence as long as it is used as the 27 spouse's primary residence and the spouse does not remarry. 28 The filing of a copy of a letter that was issued as 29 required under this subsection with the chief county 30 assessment officer of the county in which the property is 31 located is prima facie evidence that the surviving spouse is 32 entitled to an exemption under this subsection. 33 (c) A person who is allowed an exemption under this 34 Section is not allowed an exemption under Section 15-165 for -3- LRB9213666SMdv 1 the same taxable year. 2 (35 ILCS 200/15-165) 3 Sec. 15-165. Disabled veterans. Property up to an 4 assessed value of $58,000, owned and used exclusively by a 5 disabled veteran, or the spouse or unmarried surviving spouse 6 of the veteran, as a home, is exempt. As used in this 7 Section, a disabled veteran means a person who has served in 8 the Armed Forces of the United States and whose disability is 9 of such a nature that the Federal Government has authorized 10 payment for purchase or construction of Specially Adapted 11 Housing as set forth in the United States Code, Title 38, 12 Chapter 21, Section 2101. 13 The exemption applies to housing where Federal funds have 14 been used to purchase or construct special adaptations to 15 suit the veteran's disability. 16 The exemption also applies to housing that is specially 17 adapted to suit the veteran's disability, and purchased 18 entirely or in part by the proceeds of a sale, casualty loss 19 reimbursement, or other transfer of a home for which the 20 Federal Government had previously authorized payment for 21 purchase or construction as Specially Adapted Housing. 22 However, the entire proceeds of the sale, casualty loss 23 reimbursement, or other transfer of that housing shall be 24 applied to the acquisition of subsequent specially adapted 25 housing to the extent that the proceeds equal the purchase 26 price of the subsequently acquired housing. 27 For purposes of this Section, "unmarried surviving 28 spouse" means the surviving spouse of the veteran at any time 29 after the death of the veteran during which such surviving 30 spouse is not married. 31 This exemption must be reestablished on an annual basis 32 by certification from the Illinois Department of Veterans' 33 Affairs to the Department, which shall forward a copy of the -4- LRB9213666SMdv 1 certification to local assessing officials. 2 A person who is allowed an exemption under this Section 3 is not allowed an exemption under Section 15-164 for the same 4 taxable year. 5 (Source: P.A. 91-401, eff. 1-1-00.) 6 Section 90. The State Mandates Act is amended by adding 7 Section 8.26 as follows: 8 (30 ILCS 805/8.26 new) 9 Sec. 8.26. Exempt mandate. Notwithstanding Sections 6 10 and 8 of this Act, no reimbursement by the State is required 11 for the implementation of any mandate created by this 12 amendatory Act of the 92nd General Assembly. 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.