97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5127

 

Introduced , by Rep. Jim Watson

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/15-169

    Amends the Property Tax Code. Provides that, beginning in assessment year 2012, the disabled veterans standard homestead exemption shall be granted on a pro-rata basis if the property is first used as a qualified residence after January 1 of the assessment year. Provides that the amount of the pro-rata exemption is the amount of the annual exemption divided by 365 and multiplied by the number of days during the assessment year the property is occupied as a residence by a qualified disabled veteran. Provides that the chief county assessment officer must adopt reasonable procedures to establish eligibility for this pro-rata exemption. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5127LRB097 16922 HLH 62110 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Section 15-169 as follows:
 
6    (35 ILCS 200/15-169)
7    Sec. 15-169. Disabled veterans standard homestead
8exemption.
9    (a) Beginning with taxable year 2007, an annual homestead
10exemption, limited to the amounts set forth in subsection (b),
11is granted for property that is used as a qualified residence
12by a disabled veteran.
13    (b) The amount of the exemption under this Section is as
14follows:
15        (1) for veterans with a service-connected disability
16    of at least (i) 75% for exemptions granted in taxable years
17    2007 through 2009 and (ii) 70% for exemptions granted in
18    taxable year 2010 and each taxable year thereafter, as
19    certified by the United States Department of Veterans
20    Affairs, the annual exemption is $5,000; and
21        (2) for veterans with a service-connected disability
22    of at least 50%, but less than (i) 75% for exemptions
23    granted in taxable years 2007 through 2009 and (ii) 70% for

 

 

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1    exemptions granted in taxable year 2010 and each taxable
2    year thereafter, as certified by the United States
3    Department of Veterans Affairs, the annual exemption is
4    $2,500.
5    (b-5) If a homestead exemption is granted under this
6Section and the person awarded the exemption subsequently
7becomes a resident of a facility licensed under the Nursing
8Home Care Act or a facility operated by the United States
9Department of Veterans Affairs, then the exemption shall
10continue (i) so long as the residence continues to be occupied
11by the qualifying person's spouse or (ii) if the residence
12remains unoccupied but is still owned by the person who
13qualified for the homestead exemption.
14    (c) The tax exemption under this Section carries over to
15the benefit of the veteran's surviving spouse as long as the
16spouse holds the legal or beneficial title to the homestead,
17permanently resides thereon, and does not remarry. If the
18surviving spouse sells the property, an exemption not to exceed
19the amount granted from the most recent ad valorem tax roll may
20be transferred to his or her new residence as long as it is
21used as his or her primary residence and he or she does not
22remarry.
23    (d) The exemption under this Section applies for taxable
24year 2007 and thereafter. A taxpayer who claims an exemption
25under Section 15-165 or 15-168 may not claim an exemption under
26this Section.

 

 

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1    (d-5) Beginning in assessment year 2012, for taxes payable
2in 2013, property that is first occupied as a qualified
3residence after January 1 of any assessment year beginning on
4or after January 1, 2012, by a person who is eligible for an
5exemption under this Section must be granted a pro-rata
6exemption for that assessment year. The amount of the pro-rata
7exemption is the amount of the annual exemption granted under
8this Section divided by 365 and multiplied by the number of
9days during the assessment year the property is occupied as a
10primary residence by a person who is eligible for an exemption
11under this Section. The chief county assessment officer must
12adopt reasonable procedures to establish eligibility for this
13pro-rata exemption.
14    (e) Each taxpayer who has been granted an exemption under
15this Section must reapply on an annual basis. Application must
16be made during the application period in effect for the county
17of his or her residence. The assessor or chief county
18assessment officer may determine the eligibility of
19residential property to receive the homestead exemption
20provided by this Section by application, visual inspection,
21questionnaire, or other reasonable methods. The determination
22must be made in accordance with guidelines established by the
23Department.
24    (f) For the purposes of this Section:
25    "Qualified residence" means real property, but less any
26portion of that property that is used for commercial purposes,

 

 

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1with an equalized assessed value of less than $250,000 that is
2the disabled veteran's primary residence. Property rented for
3more than 6 months is presumed to be used for commercial
4purposes.
5    "Veteran" means an Illinois resident who has served as a
6member of the United States Armed Forces on active duty or
7State active duty, a member of the Illinois National Guard, or
8a member of the United States Reserve Forces and who has
9received an honorable discharge.
10(Source: P.A. 96-1298, eff. 1-1-11; 96-1418, eff. 8-2-10;
1197-333, eff. 8-12-11.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.