Full Text of SB2123 94th General Assembly
SB2123sam002 94TH GENERAL ASSEMBLY
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Sen. Frank C. Watson
Filed: 4/6/2006
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| AMENDMENT TO SENATE BILL 2123
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| AMENDMENT NO. ______. Amend Senate Bill 2123, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Property Tax Code is amended by changing | 6 |
| 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. This Section applies | 9 |
| through the 2005 tax year.
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| Property up to an assessed value of $70,000,
owned and used | 11 |
| 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 | 13 |
| in this
Section, a disabled veteran means a person who has | 14 |
| served in the Armed Forces
of the United States and whose | 15 |
| disability is of such a nature that the Federal
Government has | 16 |
| authorized payment for purchase or construction of Specially
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| Adapted Housing as set forth in the United States Code, Title | 18 |
| 38, Chapter 21,
Section 2101.
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| The exemption applies to housing where Federal funds have | 20 |
| been used to
purchase or construct special adaptations to suit | 21 |
| the veteran's disability.
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| The exemption also applies to housing that is specially | 23 |
| adapted to suit the
veteran's disability, and purchased | 24 |
| entirely or in part by the proceeds of a
sale, casualty loss |
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| reimbursement, or other transfer of a home for which the
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| Federal Government had previously authorized payment for | 3 |
| purchase or
construction as Specially Adapted Housing.
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| However, the entire proceeds of the sale, casualty loss | 5 |
| reimbursement, or
other transfer of that housing shall be | 6 |
| applied to the acquisition of
subsequent specially adapted | 7 |
| housing to the extent that the proceeds equal the
purchase | 8 |
| price of the subsequently acquired housing.
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| For purposes of this Section, "unmarried surviving spouse" | 10 |
| means the
surviving spouse of the veteran at any time after the | 11 |
| death of the veteran
during which such surviving spouse is not | 12 |
| 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' | 15 |
| Affairs to the
Department, which shall forward a copy of the | 16 |
| 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) | 19 |
| Sec. 15-166. Disabled veterans; surviving spouses. | 20 |
| (a) This Section applies to tax years 2006 and thereafter.
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| (b) Property that is
owned and used exclusively by a | 22 |
| disabled veteran, or the spouse or unmarried
surviving spouse | 23 |
| of the veteran, as a home, is entitled to an exemption in an | 24 |
| amount set forth under subsection (c). As used in this
Section, | 25 |
| a disabled veteran means a veteran who was honorably discharged | 26 |
| with a service-connected disability and for whom | 27 |
| documentation, in any form, from any branch of the United | 28 |
| States Armed Forces has been issued certifying that the veteran | 29 |
| suffers from a disability. "Veteran" means an Illinois resident | 30 |
| who has served as a member of the United States Armed Forces on | 31 |
| active duty or State active duty, a member of the Illinois | 32 |
| National Guard, or a member of the United States Reserve | 33 |
| Forces. |
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| (c) The amount of the exemption under this Section is an | 2 |
| amount equal to the assessed value of the property multiplied | 3 |
| by the percentage of disability of the veteran as certified by | 4 |
| the United States Government or United States Department of | 5 |
| Veterans Affairs or its predecessor.
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| (d) The production by a veteran or the spouse or surviving | 7 |
| spouse of a letter of disability from the United States | 8 |
| Government or United States Department of Veterans Affairs or | 9 |
| its predecessor before the chief county assessment officer of | 10 |
| the county in which property of the veteran lies is prima facie | 11 |
| evidence of the fact that the veteran or the surviving spouse | 12 |
| is entitled to the exemption. | 13 |
| If the disabled veteran predeceases his or her spouse and | 14 |
| if, upon the death of the veteran, the spouse holds the legal | 15 |
| or beneficial title to the homestead and permanently resides | 16 |
| thereon, then the exemption from taxation carries over to the | 17 |
| benefit of the veteran's spouse until such time as he or she | 18 |
| remarries or sells or otherwise disposes of the property. If | 19 |
| the spouse sells the property, then an exemption not to exceed | 20 |
| the amount granted from the most recent ad valorem tax roll may | 21 |
| be transferred to his or her new residence, as long as it is | 22 |
| used as his or her primary residence and he or she does not | 23 |
| remarry. | 24 |
| (e) Every person who, on January 1, has the legal title to | 25 |
| real or personal property that is entitled to an exemption | 26 |
| under this Section must, on or before March 1 of each year, | 27 |
| file an application for the exemption with the chief county | 28 |
| assessment officer, listing and describing the property for | 29 |
| which exemption is claimed and certifying its ownership and | 30 |
| use. The Department of Revenue shall prescribe the forms upon | 31 |
| which the application is made. The failure to make an | 32 |
| application as required under this subsection constitutes a | 33 |
| waiver of the exemption privilege for that year. | 34 |
| 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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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.".
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