Full Text of HB5128 97th General Assembly
HB5128 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5128 Introduced 2/8/2012, by Rep. Jim Watson SYNOPSIS AS INTRODUCED: |
| | Amends the Property Tax Code. Provides that a veteran's surviving spouse is eligible for the disabled veterans' standard homestead exemption if the veteran would have qualified for the benefit but died before October 12, 2007. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning revenue.
| 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 15-169 as follows: | 6 | | (35 ILCS 200/15-169) | 7 | | Sec. 15-169. Disabled veterans standard homestead | 8 | | exemption. | 9 | | (a) Beginning with taxable year 2007, an annual homestead | 10 | | exemption, limited to the amounts set forth in subsection (b), | 11 | | is granted for property that is used as a qualified residence | 12 | | by a disabled veteran. | 13 | | (b) The amount of the exemption under this Section is as | 14 | | follows: | 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 | 6 | | Section and the person awarded the exemption subsequently | 7 | | becomes a resident of a facility licensed under the Nursing | 8 | | Home Care Act or a facility operated by the United States | 9 | | Department of Veterans Affairs, then the exemption shall | 10 | | continue (i) so long as the residence continues to be occupied | 11 | | by the qualifying person's spouse or (ii) if the residence | 12 | | remains unoccupied but is still owned by the person who | 13 | | qualified for the homestead exemption. | 14 | | (c) The tax exemption under this Section carries over to | 15 | | the benefit of the veteran's
surviving spouse as long as the | 16 | | spouse holds the legal or
beneficial title to the homestead, | 17 | | permanently resides
thereon, and does not remarry. A surviving | 18 | | spouse of a disabled veteran is eligible for this exemption if | 19 | | the veteran would have qualified for the exemption but died | 20 | | before October 12, 2007. If the surviving spouse sells
the | 21 | | property, an exemption not to exceed the amount granted
from | 22 | | the most recent ad valorem tax roll may be transferred to
his | 23 | | or her new residence as long as it is used as his or her
primary | 24 | | residence and he or she does not remarry. | 25 | | (d) The exemption under this Section applies for taxable | 26 | | year 2007 and thereafter. A taxpayer who claims an exemption |
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| 1 | | under Section 15-165 or 15-168 may not claim an exemption under | 2 | | this Section. | 3 | | (e) Each taxpayer who has been granted an exemption under | 4 | | this Section must reapply on an annual basis. Application must | 5 | | be made during the application period
in effect for the county | 6 | | of his or her residence. The assessor
or chief county | 7 | | assessment officer may determine the
eligibility of | 8 | | residential property to receive the homestead
exemption | 9 | | provided by this Section by application, visual
inspection, | 10 | | questionnaire, or other reasonable methods. The
determination | 11 | | must be made in accordance with guidelines
established by the | 12 | | Department. | 13 | | (f) For the purposes of this Section: | 14 | | "Qualified residence" means real
property, but less any | 15 | | portion of that property that is used for
commercial purposes, | 16 | | with an equalized assessed value of less than $250,000 that is | 17 | | the disabled veteran's primary residence. Property rented for | 18 | | more than 6 months is
presumed to be used for commercial | 19 | | purposes. | 20 | | "Veteran" means an Illinois resident who has served as a
| 21 | | member of the United States Armed Forces on active duty or
| 22 | | State active duty, a member of the Illinois National Guard, or
| 23 | | a member of the United States Reserve Forces and who has | 24 | | received an honorable discharge. | 25 | | (Source: P.A. 96-1298, eff. 1-1-11; 96-1418, eff. 8-2-10; | 26 | | 97-333, eff. 8-12-11.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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