SB3389 97TH GENERAL ASSEMBLY

LRB097 19745 HLH 65005 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3389

Introduced 2/7/2012, by Sen. Michael Noland

SYNOPSIS AS INTRODUCED:

35 ILCS 200/15-165

Amends the Property Tax Code. In a Section granting an exemption for specially adapted housing for disabled veterans, provides that, beginning in tax year 2011, the veteran qualifies if he or she has a service-connected disability of at least 70% (now, the veteran qualifies if his or her disability is of such a nature that the federal government has authorized payment for the purchase or construction of Specially Adapted Housing). Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning revenue.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Property Tax Code is amended by changing Section 15-165 as follows:

(35 ILCS 200/15-165)

Sec. 15-165. Disabled veterans. Property up to an equalized assessed value of $70,000, owned and used exclusively by a disabled veteran, or the spouse or unmarried surviving spouse of the veteran, as a home, is exempt. As used in this Section, a disabled veteran means: (i) for tax years before 2011, a person who has served in the Armed Forces of the United States and whose disability is of such a nature that the Federal Government has authorized payment for purchase or construction of Specially Adapted Housing as set forth in the United States Code, Title 38, Chapter 21, Section 2101; and (ii) for taxable years 2011 and later, a person who has served in the Armed Forces of the United States with a service-connected disability of at least 70% as certified by the United States Department of Veterans Affairs.

The exemption applies to housing where Federal funds have been used to purchase or construct special adaptations to suit the veteran's disability.

The exemption also applies to housing that is specially adapted to suit the veteran's disability, and purchased entirely or in part by the proceeds of a sale, casualty loss reimbursement, or other transfer of a home for which the Federal Government had previously authorized payment for purchase or construction as Specially Adapted Housing.

However, the entire proceeds of the sale, casualty loss reimbursement, or other transfer of that housing shall be applied to the acquisition of subsequent specially adapted housing to the extent that the proceeds equal the purchase price of the subsequently acquired housing.

For purposes of this Section, "unmarried surviving spouse" means the surviving spouse of the veteran at any time after the death of the veteran during which such surviving spouse is not married.

This exemption must be reestablished on an annual basis by certification from the Illinois Department of Veterans' Affairs to the Department, which shall forward a copy of the certification to local assessing officials.

A taxpayer who claims an exemption under Section 15-168 or 15-169 may not claim an exemption under this Section.

(Source: P.A. 94-310, eff. 7-25-05; 95-644, eff. 10-12-07.)

Section 99. Effective date. This Act takes effect upon becoming law.