Full Text of SB0872 100th General Assembly
SB0872ham001 100TH GENERAL ASSEMBLY | Rep. David Harris Filed: 11/6/2017
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| 1 | | AMENDMENT TO SENATE BILL 872
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 872 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Section 15-169 as follows: | 6 | | (35 ILCS 200/15-169) | 7 | | Sec. 15-169. Homestead exemption for veterans with | 8 | | disabilities. | 9 | | (a) Beginning with taxable year 2007, an annual homestead | 10 | | exemption, limited to the amounts set forth in subsections (b) | 11 | | and (b-3), is granted for property that is used as a qualified | 12 | | residence by a veteran with a disability. | 13 | | (b) For taxable years prior to 2015, the amount of the | 14 | | exemption under this Section is as follows: | 15 | | (1) for veterans with a service-connected disability | 16 | | of at least (i) 75% for exemptions granted in taxable years |
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| 1 | | 2007 through 2009 and (ii) 70% for exemptions granted in | 2 | | taxable year 2010 and each taxable year thereafter, as | 3 | | certified by the United States Department of Veterans | 4 | | Affairs, the annual exemption is $5,000; and | 5 | | (2) for veterans with a service-connected disability | 6 | | of at least 50%, but less than (i) 75% for exemptions | 7 | | granted in taxable years 2007 through 2009 and (ii) 70% for | 8 | | exemptions granted in taxable year 2010 and each taxable | 9 | | year thereafter, as certified by the United States | 10 | | Department of Veterans Affairs, the annual exemption is | 11 | | $2,500. | 12 | | (b-3) For taxable years 2015 and thereafter: | 13 | | (1) if the veteran has a service connected disability | 14 | | of 30% or more but less than 50%, as certified by the | 15 | | United States Department of Veterans Affairs, then the | 16 | | annual exemption is $2,500; | 17 | | (2) if the veteran has a service connected disability | 18 | | of 50% or more but less than 70%, as certified by the | 19 | | United States Department of Veterans Affairs, then the | 20 | | annual exemption is $5,000; and | 21 | | (3) if the veteran has a service connected disability | 22 | | of 70% or more, as certified by the United States | 23 | | Department of Veterans Affairs, then the property is exempt | 24 | | from taxation under this Code. | 25 | | (b-5) If a homestead exemption is granted under this | 26 | | Section and the person awarded the exemption subsequently |
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| 1 | | becomes a resident of a facility licensed under the Nursing | 2 | | Home Care Act or a facility operated by the United States | 3 | | Department of Veterans Affairs, then the exemption shall | 4 | | continue (i) so long as the residence continues to be occupied | 5 | | by the qualifying person's spouse or (ii) if the residence | 6 | | remains unoccupied but is still owned by the person who | 7 | | qualified for the homestead exemption. | 8 | | (c) The tax exemption under this Section carries over to | 9 | | the benefit of the veteran's
surviving spouse as long as the | 10 | | spouse holds the legal or
beneficial title to the homestead, | 11 | | permanently resides
thereon, and does not remarry. If the | 12 | | surviving spouse sells
the property, an exemption not to exceed | 13 | | the amount granted
from the most recent ad valorem tax roll may | 14 | | be transferred to
his or her new residence as long as it is | 15 | | used as his or her
primary residence and he or she does not | 16 | | remarry. | 17 | | As used in this subsection (c): | 18 | | (1) for taxable years prior to 2015, "surviving spouse" | 19 | | means the surviving spouse of a veteran who obtained an | 20 | | exemption under this Section prior to his or her death; | 21 | | (2) for taxable years 2015 and 2016, "surviving spouse" | 22 | | means (i) the surviving spouse of a veteran who obtained an | 23 | | exemption under this Section prior to his or her death or | 24 | | (ii) the surviving spouse of a veteran who was killed in | 25 | | the line of duty; and | 26 | | (3) for taxable year 2017 and thereafter, "surviving |
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| 1 | | spouse" means (i) the surviving spouse of a veteran who | 2 | | qualified for the exemption under this Section prior to his | 3 | | or her death, (ii) the surviving spouse of a veteran who | 4 | | was killed in the line of duty, or (iii) the surviving | 5 | | spouse of a veteran who did not obtain an exemption under | 6 | | this Section before death, but who applied for a | 7 | | service-connected disability certification from the United | 8 | | States Department of Veterans Affairs or the United States | 9 | | Department of Defense no earlier than January 1, 2007 and | 10 | | would have qualified for the exemption under this Section | 11 | | in the current taxable year if he or she had survived. | 12 | | (c-1) Beginning with taxable year 2015, nothing in this | 13 | | Section shall require the veteran to have qualified for or | 14 | | obtained the exemption before death if the veteran was killed | 15 | | in the line of duty. | 16 | | (d) The exemption under this Section applies for taxable | 17 | | year 2007 and thereafter. A taxpayer who claims an exemption | 18 | | under Section 15-165 or 15-168 may not claim an exemption under | 19 | | this Section. | 20 | | (e) Each taxpayer who has been granted an exemption under | 21 | | this Section must reapply on an annual basis. Application must | 22 | | be made during the application period
in effect for the county | 23 | | of his or her residence. The assessor
or chief county | 24 | | assessment officer may determine the
eligibility of | 25 | | residential property to receive the homestead
exemption | 26 | | provided by this Section by application, visual
inspection, |
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| 1 | | questionnaire, or other reasonable methods. The
determination | 2 | | must be made in accordance with guidelines
established by the | 3 | | Department. | 4 | | (e-5) If the property is first used as a qualified | 5 | | residence by a veteran with a disability after January 1 of a | 6 | | taxable year, the exemption under this Section shall be | 7 | | prorated for that taxable year. | 8 | | (f) For the purposes of this Section: | 9 | | "Qualified residence" means , for veterans who first | 10 | | qualify for the exemption under this Section prior to taxable | 11 | | year 2018, real
property, but less any portion of that property | 12 | | that is used for
commercial purposes, with an equalized | 13 | | assessed value of less than $250,000 that is the primary | 14 | | residence of a veteran with a disability. For veterans who | 15 | | first qualify for the exemption under this Section in taxable | 16 | | year 2018 or thereafter, "qualified residence" means real
| 17 | | property, but less any portion of that property that is used | 18 | | for
commercial purposes, with a fair cash value of less than | 19 | | $300,000 that is the primary residence of a veteran with a | 20 | | disability. Property rented for more than 6 months is
presumed | 21 | | to be used for commercial purposes. | 22 | | "Veteran" means an Illinois resident who has served as a
| 23 | | member of the United States Armed Forces on active duty or
| 24 | | State active duty, a member of the Illinois National Guard, or
| 25 | | a member of the United States Reserve Forces and who has | 26 | | received an honorable discharge. |
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| 1 | | (Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15; | 2 | | 99-375, eff. 8-17-15; 99-642, eff. 7-28-16.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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