Full Text of HB3420 102nd General Assembly
HB3420 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3420 Introduced 2/22/2021, by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: |
| |
Amends the Property Tax Code. In provisions concerning the homestead exemption for veterans with disabilities, provides that: (1) if the veteran has a service connected disability of 30% or more but less than 50%, then the annual exemption is 30% of the assessed value of the property; (2) if the veteran has a service connected disability of 50% or more but less than 70%, then the annual exemption is 50% of the assessed value of the property; and (3) if the veteran has a service connected disability of 70% or more, then the property is exempt from taxation. Effective immediately.
|
| |
| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
|
| | | HB3420 | | LRB102 12769 HLH 18108 b |
|
| 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. Homestead exemption for veterans with | 8 | | disabilities. | 9 | | (a) Beginning with taxable year 2007, an annual homestead | 10 | | exemption, limited to the amounts set forth in subsections (b) | 11 | | and (b-3), and (b-4) is granted for property that is used as a | 12 | | qualified residence by a veteran with a disability. | 13 | | (b) For taxable years prior to 2015, the amount of the | 14 | | exemption 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 | 17 | | years 2007 through 2009 and (ii) 70% for exemptions | 18 | | granted in taxable year 2010 and each taxable year | 19 | | thereafter, as certified by the United States Department | 20 | | of Veterans 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% |
| | | HB3420 | - 2 - | LRB102 12769 HLH 18108 b |
|
| 1 | | for exemptions granted in taxable year 2010 and each | 2 | | taxable 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 through 2021 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 | 17 | | exempt from taxation under this Code. | 18 | | (b-4) For taxable years 2022 and thereafter: | 19 | | (1) if the veteran has a service connected disability | 20 | | of 30% or more but less than 50%, as certified by the | 21 | | United States Department of Veterans Affairs, then the | 22 | | annual exemption is 30% of the assessed value of the | 23 | | property; | 24 | | (2) if the veteran has a service connected disability | 25 | | of 50% or more but less than 70%, as certified by the | 26 | | United States Department of Veterans Affairs, then the |
| | | HB3420 | - 3 - | LRB102 12769 HLH 18108 b |
|
| 1 | | annual exemption is 50% of the assessed value of the | 2 | | property; and | 3 | | (3) if the veteran has a service connected disability | 4 | | of 70% or more, as certified by the United States | 5 | | Department of Veterans Affairs, then the property is | 6 | | exempt from taxation under this Code. | 7 | | (b-5) If a homestead exemption is granted under this | 8 | | Section and the person awarded the exemption subsequently | 9 | | becomes a resident of a facility licensed under the Nursing | 10 | | Home Care Act or a facility operated by the United States | 11 | | Department of Veterans Affairs, then the exemption shall | 12 | | continue (i) so long as the residence continues to be occupied | 13 | | by the qualifying person's spouse or (ii) if the residence | 14 | | remains unoccupied but is still owned by the person who | 15 | | qualified for the homestead exemption. | 16 | | (c) The tax exemption under this Section carries over to | 17 | | the benefit of the veteran's
surviving spouse as long as the | 18 | | spouse holds the legal or
beneficial title to the homestead, | 19 | | permanently resides
thereon, and does not remarry. If the | 20 | | surviving spouse sells
the property, an exemption not to | 21 | | exceed the amount granted
from the most recent ad valorem tax | 22 | | roll may be transferred to
his or her new residence as long as | 23 | | it is used as his or her
primary residence and he or she does | 24 | | not remarry. | 25 | | (c-1) Beginning with taxable year 2015, nothing in this | 26 | | Section shall require the veteran to have qualified for or |
| | | HB3420 | - 4 - | LRB102 12769 HLH 18108 b |
|
| 1 | | obtained the exemption before death if the veteran was killed | 2 | | in the line of duty. | 3 | | (d) The exemption under this Section applies for taxable | 4 | | year 2007 and thereafter. A taxpayer who claims an exemption | 5 | | under Section 15-165 or 15-168 may not claim an exemption | 6 | | under this Section. | 7 | | (e) Each taxpayer who has been granted an exemption under | 8 | | this Section must reapply on an annual basis. Application must | 9 | | be made during the application period
in effect for the county | 10 | | of his or her residence. The assessor
or chief county | 11 | | assessment officer may determine the
eligibility of | 12 | | residential property to receive the homestead
exemption | 13 | | provided by this Section by application, visual
inspection, | 14 | | questionnaire, or other reasonable methods. The
determination | 15 | | must be made in accordance with guidelines
established by the | 16 | | Department. | 17 | | (e-1) If the person qualifying for the exemption does not | 18 | | occupy the qualified residence as of January 1 of the taxable | 19 | | year, the exemption granted under this Section shall be | 20 | | prorated on a monthly basis. The prorated exemption shall | 21 | | apply beginning with the first complete month in which the | 22 | | person occupies the qualified residence. | 23 | | (e-5) Notwithstanding any other provision of law, each | 24 | | chief county assessment officer may approve this exemption for | 25 | | the 2020 taxable year, without application, for any property | 26 | | that was approved for this exemption for the 2019 taxable |
| | | HB3420 | - 5 - | LRB102 12769 HLH 18108 b |
|
| 1 | | year, provided that: | 2 | | (1) the county board has declared a local disaster as | 3 | | provided in the Illinois Emergency Management Agency Act | 4 | | related to the COVID-19 public health emergency; | 5 | | (2) the owner of record of the property as of January | 6 | | 1, 2020 is the same as the owner of record of the property | 7 | | as of January 1, 2019; | 8 | | (3) the exemption for the 2019 taxable year has not | 9 | | been determined to be an erroneous exemption as defined by | 10 | | this Code; and | 11 | | (4) the applicant for the 2019 taxable year has not | 12 | | asked for the exemption to be removed for the 2019 or 2020 | 13 | | taxable years. | 14 | | Nothing in this subsection shall preclude a veteran whose | 15 | | service connected disability rating has changed since the 2019 | 16 | | exemption was granted from applying for the exemption based on | 17 | | the subsequent service connected disability rating. | 18 | | (f) For the purposes of this Section: | 19 | | "Qualified residence" means real
property, but less any | 20 | | portion of that property that is used for
commercial purposes, | 21 | | with an equalized assessed value of less than $250,000 that is | 22 | | the primary residence of a veteran with a disability. Property | 23 | | rented for more than 6 months is
presumed to be used for | 24 | | commercial purposes. | 25 | | "Veteran" means an Illinois resident who has served as a
| 26 | | member of the United States Armed Forces on active duty or
|
| | | HB3420 | - 6 - | LRB102 12769 HLH 18108 b |
|
| 1 | | State active duty, a member of the Illinois National Guard, or
| 2 | | a member of the United States Reserve Forces and who has | 3 | | received an honorable discharge. | 4 | | (Source: P.A. 100-869, eff. 8-14-18; 101-635, eff. 6-5-20.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
|
|