Bill Text: IL HB4161 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Property Tax Code. In a Section granting a homestead exemption to veterans with disabilities, provides that property that is used as a qualified residence by a veteran who was a member of the United States Armed Forces during World War II is exempt from taxation regardless of the veteran's level of disability. Provides that a veteran who qualifies as a result of his or her service in World War II need not reapply for the exemption. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4161 Detail]

Download: Illinois-2017-HB4161-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4161

Introduced , by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:
35 ILCS 200/15-169

Amends the Property Tax Code. In a Section granting a homestead exemption to veterans with disabilities, provides that property that is used as a qualified residence by a veteran who was a member of the United States Armed Forces during World War II is exempt from taxation regardless of the veteran's level of disability. Provides that a veteran who qualifies as a result of his or her service in World War II need not reapply for the exemption. 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,
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. Homestead exemption for veterans with
8disabilities and veterans of World War II.
9 (a) Beginning with taxable year 2007, an annual homestead
10exemption, limited to the amounts set forth in subsections (b)
11and (b-3), is granted for property that is used as a qualified
12residence by a veteran with a disability.
13 (b) For taxable years prior to 2015, the amount of the
14exemption 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
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-3) For taxable years 2015 and thereafter:
6 (1) if the veteran has a service connected disability
7 of 30% or more but less than 50%, as certified by the
8 United States Department of Veterans Affairs, then the
9 annual exemption is $2,500;
10 (2) if the veteran has a service connected disability
11 of 50% or more but less than 70%, as certified by the
12 United States Department of Veterans Affairs, then the
13 annual exemption is $5,000; and
14 (3) if the veteran has a service connected disability
15 of 70% or more, as certified by the United States
16 Department of Veterans Affairs, then the property is exempt
17 from taxation under this Code; beginning in taxable year
18 2017, if the veteran was a member of the United States
19 Armed Forces during World War II, then the property is
20 exempt from taxation under this Code regardless of the
21 veteran's level of disability.
22 (b-5) If a homestead exemption is granted under this
23Section and the person awarded the exemption subsequently
24becomes a resident of a facility licensed under the Nursing
25Home Care Act or a facility operated by the United States
26Department of Veterans Affairs, then the exemption shall

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1continue (i) so long as the residence continues to be occupied
2by the qualifying person's spouse or (ii) if the residence
3remains unoccupied but is still owned by the person who
4qualified for the homestead exemption.
5 (c) The tax exemption under this Section carries over to
6the benefit of the veteran's surviving spouse as long as the
7spouse holds the legal or beneficial title to the homestead,
8permanently resides thereon, and does not remarry. If the
9surviving spouse sells the property, an exemption not to exceed
10the amount granted from the most recent ad valorem tax roll may
11be transferred to his or her new residence as long as it is
12used as his or her primary residence and he or she does not
13remarry.
14 (c-1) Beginning with taxable year 2015, nothing in this
15Section shall require the veteran to have qualified for or
16obtained the exemption before death if the veteran was killed
17in the line of duty.
18 (d) The exemption under this Section applies for taxable
19year 2007 and thereafter. A taxpayer who claims an exemption
20under Section 15-165 or 15-168 may not claim an exemption under
21this Section.
22 (e) Each taxpayer who has been granted an exemption under
23this Section must reapply on an annual basis, provided that a
24veteran who qualifies as a result of his or her service in
25World War II need not reapply. Application must be made during
26the application period in effect for the county of his or her

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1residence. The assessor or chief county assessment officer may
2determine the eligibility of residential property to receive
3the homestead exemption provided by this Section by
4application, visual inspection, questionnaire, or other
5reasonable methods. The determination must be made in
6accordance with guidelines established by the Department.
7 (f) For the purposes of this Section:
8 "Qualified residence" means real property, but less any
9portion of that property that is used for commercial purposes,
10with an equalized assessed value of less than $250,000 that is
11the primary residence of a veteran with a disability. Property
12rented for more than 6 months is presumed to be used for
13commercial purposes.
14 "Veteran" means an Illinois resident who has served as a
15member of the United States Armed Forces on active duty or
16State active duty, a member of the Illinois National Guard, or
17a member of the United States Reserve Forces and who has
18received an honorable discharge.
19(Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15;
2099-375, eff. 8-17-15; 99-642, eff. 7-28-16.)
21 Section 99. Effective date. This Act takes effect upon
22becoming law.
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