Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2700 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2700 Introduced 1/10/2024, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-169 Amends the Property Tax Code. In provisions concerning the homestead exemption for veterans with disabilities, provides that the exemption applies to all real property that is the primary residence of a veteran with a disability (currently, property with an equalized assessed value of less than $250,000 that is the primary residence of a veteran with a disability). Provides that, with respect to veterans with a service connected disability of 70% or more and surviving spouses of veterans whose deaths were service-connected, the first $250,000 in equalized assessed value of the property is exempt. LRB103 35897 HLH 65982 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2700 Introduced 1/10/2024, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-169 35 ILCS 200/15-169 Amends the Property Tax Code. In provisions concerning the homestead exemption for veterans with disabilities, provides that the exemption applies to all real property that is the primary residence of a veteran with a disability (currently, property with an equalized assessed value of less than $250,000 that is the primary residence of a veteran with a disability). Provides that, with respect to veterans with a service connected disability of 70% or more and surviving spouses of veterans whose deaths were service-connected, the first $250,000 in equalized assessed value of the property is exempt. LRB103 35897 HLH 65982 b LRB103 35897 HLH 65982 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2700 Introduced 1/10/2024, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
3	3	35 ILCS 200/15-169 35 ILCS 200/15-169
4	4	35 ILCS 200/15-169
5	5	Amends the Property Tax Code. In provisions concerning the homestead exemption for veterans with disabilities, provides that the exemption applies to all real property that is the primary residence of a veteran with a disability (currently, property with an equalized assessed value of less than $250,000 that is the primary residence of a veteran with a disability). Provides that, with respect to veterans with a service connected disability of 70% or more and surviving spouses of veterans whose deaths were service-connected, the first $250,000 in equalized assessed value of the property is exempt.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning revenue.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Property Tax Code is amended by changing
15	15	5 Section 15-169 as follows:
16	16	6 (35 ILCS 200/15-169)
17	17	7 Sec. 15-169. Homestead exemption for veterans with
18	18	8 disabilities.
19	19	9 (a) Beginning with taxable year 2007, an annual homestead
20	20	10 exemption, limited as provided in this Section to the amounts
21	21	11 set forth in subsections (b) and (b-3), is granted for
22	22	12 property that is used as a qualified residence by a veteran
23	23	13 with a disability.
24	24	14 (b) For taxable years prior to 2015, the amount of the
25	25	15 exemption under this Section is as follows:
26	26	16 (1) for veterans with a service-connected disability
27	27	17 of at least (i) 75% for exemptions granted in taxable
28	28	18 years 2007 through 2009 and (ii) 70% for exemptions
29	29	19 granted in taxable year 2010 and each taxable year
30	30	20 thereafter, as certified by the United States Department
31	31	21 of Veterans Affairs, the annual exemption is $5,000; and
32	32	22 (2) for veterans with a service-connected disability
33	33	23 of at least 50%, but less than (i) 75% for exemptions
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2700 Introduced 1/10/2024, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
38	38	35 ILCS 200/15-169 35 ILCS 200/15-169
39	39	35 ILCS 200/15-169
40	40	Amends the Property Tax Code. In provisions concerning the homestead exemption for veterans with disabilities, provides that the exemption applies to all real property that is the primary residence of a veteran with a disability (currently, property with an equalized assessed value of less than $250,000 that is the primary residence of a veteran with a disability). Provides that, with respect to veterans with a service connected disability of 70% or more and surviving spouses of veterans whose deaths were service-connected, the first $250,000 in equalized assessed value of the property is exempt.
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43	43	A BILL FOR
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49	49	35 ILCS 200/15-169
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68	68	1 granted in taxable years 2007 through 2009 and (ii) 70%
69	69	2 for exemptions granted in taxable year 2010 and each
70	70	3 taxable year thereafter, as certified by the United States
71	71	4 Department of Veterans Affairs, the annual exemption is
72	72	5 $2,500.
73	73	6 (b-3) For taxable years 2015 through 2023 and thereafter:
74	74	7 (1) if the veteran has a service connected disability
75	75	8 of 30% or more but less than 50%, as certified by the
76	76	9 United States Department of Veterans Affairs, then the
77	77	10 annual exemption is $2,500;
78	78	11 (2) if the veteran has a service connected disability
79	79	12 of 50% or more but less than 70%, as certified by the
80	80	13 United States Department of Veterans Affairs, then the
81	81	14 annual exemption is $5,000;
82	82	15 (3) if the veteran has a service connected disability
83	83	16 of 70% or more, as certified by the United States
84	84	17 Department of Veterans Affairs, then the property is
85	85	18 exempt from taxation under this Code; and
86	86	19 (4) for taxable year 2023 and thereafter, if the
87	87	20 taxpayer is the surviving spouse of a veteran whose death
88	88	21 was determined to be service-connected and who is
89	89	22 certified by the United States Department of Veterans
90	90	23 Affairs as a recipient of dependency and indemnity
91	91	24 compensation under federal law, then the property is also
92	92	25 exempt from taxation under this Code.
93	93	26 (b-4) For taxable year 2024 and thereafter:
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104	104	1 (1) if the veteran has a service connected disability
105	105	2 of 30% or more but less than 50%, as certified by the
106	106	3 United States Department of Veterans Affairs, then the
107	107	4 annual exemption is $2,500;
108	108	5 (2) if the veteran has a service connected disability
109	109	6 of 50% or more but less than 70%, as certified by the
110	110	7 United States Department of Veterans Affairs, then the
111	111	8 annual exemption is $5,000;
112	112	9 (3) if the veteran has a service connected disability
113	113	10 of 70% or more, as certified by the United States
114	114	11 Department of Veterans Affairs, then the first $250,000 in
115	115	12 equalized assessed value of the property is exempt from
116	116	13 taxation under this Code; and
117	117	14 (4) if the taxpayer is the surviving spouse of a
118	118	15 veteran whose death was determined to be service-connected
119	119	16 and who is certified by the United States Department of
120	120	17 Veterans Affairs as a recipient of dependency and
121	121	18 indemnity compensation under federal law, then the first
122	122	19 $250,000 in equalized assessed value of the property is
123	123	20 also exempt from taxation under this Code.
124	124	21 This amendatory Act of the 103rd General Assembly shall
125	125	22 not be used as the basis for any appeal filed with the chief
126	126	23 county assessment officer, the board of review, the Property
127	127	24 Tax Appeal Board, or the circuit court with respect to the
128	128	25 scope or meaning of the exemption under this Section for a tax
129	129	26 year prior to tax year 2024.
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140	140	1 (b-5) If a homestead exemption is granted under this
141	141	2 Section and the person awarded the exemption subsequently
142	142	3 becomes a resident of a facility licensed under the Nursing
143	143	4 Home Care Act or a facility operated by the United States
144	144	5 Department of Veterans Affairs, then the exemption shall
145	145	6 continue (i) so long as the residence continues to be occupied
146	146	7 by the qualifying person's spouse or (ii) if the residence
147	147	8 remains unoccupied but is still owned by the person who
148	148	9 qualified for the homestead exemption.
149	149	10 (c) The tax exemption under this Section carries over to
150	150	11 the benefit of the veteran's surviving spouse as long as the
151	151	12 spouse holds the legal or beneficial title to the homestead,
152	152	13 permanently resides thereon, and does not remarry. If the
153	153	14 surviving spouse sells the property, an exemption not to
154	154	15 exceed the amount granted from the most recent ad valorem tax
155	155	16 roll may be transferred to his or her new residence as long as
156	156	17 it is used as his or her primary residence and he or she does
157	157	18 not remarry.
158	158	19 As used in this subsection (c):
159	159	20 (1) for taxable years prior to 2015, "surviving
160	160	21 spouse" means the surviving spouse of a veteran who
161	161	22 obtained an exemption under this Section prior to his or
162	162	23 her death;
163	163	24 (2) for taxable years 2015 through 2022, "surviving
164	164	25 spouse" means (i) the surviving spouse of a veteran who
165	165	26 obtained an exemption under this Section prior to his or
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176	176	1 her death and (ii) the surviving spouse of a veteran who
177	177	2 was killed in the line of duty at any time prior to the
178	178	3 expiration of the application period in effect for the
179	179	4 exemption for the taxable year for which the exemption is
180	180	5 sought; and
181	181	6 (3) for taxable year 2023 and thereafter, "surviving
182	182	7 spouse" means: (i) the surviving spouse of a veteran who
183	183	8 obtained the exemption under this Section prior to his or
184	184	9 her death; (ii) the surviving spouse of a veteran who was
185	185	10 killed in the line of duty at any time prior to the
186	186	11 expiration of the application period in effect for the
187	187	12 exemption for the taxable year for which the exemption is
188	188	13 sought; (iii) the surviving spouse of a veteran who did
189	189	14 not obtain an exemption under this Section before death,
190	190	15 but who would have qualified for the exemption under this
191	191	16 Section in the taxable year for which the exemption is
192	192	17 sought if he or she had survived, and whose surviving
193	193	18 spouse has been a resident of Illinois from the time of the
194	194	19 veteran's death through the taxable year for which the
195	195	20 exemption is sought; and (iv) the surviving spouse of a
196	196	21 veteran whose death was determined to be
197	197	22 service-connected, but who would not otherwise qualify
198	198	23 under item (i), (ii), or (iii), if the spouse (A) is
199	199	24 certified by the United States Department of Veterans
200	200	25 Affairs as a recipient of dependency and indemnity
201	201	26 compensation under federal law at any time prior to the
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212	212	1 expiration of the application period in effect for the
213	213	2 exemption for the taxable year for which the exemption is
214	214	3 sought and (B) remains eligible for that dependency and
215	215	4 indemnity compensation as of January 1 of the taxable year
216	216	5 for which the exemption is sought.
217	217	6 (c-1) Beginning with taxable year 2015, nothing in this
218	218	7 Section shall require the veteran to have qualified for or
219	219	8 obtained the exemption before death if the veteran was killed
220	220	9 in the line of duty.
221	221	10 (d) The exemption under this Section applies for taxable
222	222	11 year 2007 and thereafter. A taxpayer who claims an exemption
223	223	12 under Section 15-165 or 15-168 may not claim an exemption
224	224	13 under this Section.
225	225	14 (e) Except as otherwise provided in this subsection (e),
226	226	15 each taxpayer who has been granted an exemption under this
227	227	16 Section must reapply on an annual basis. Application must be
228	228	17 made during the application period in effect for the county of
229	229	18 his or her residence. The assessor or chief county assessment
230	230	19 officer may determine the eligibility of residential property
231	231	20 to receive the homestead exemption provided by this Section by
232	232	21 application, visual inspection, questionnaire, or other
233	233	22 reasonable methods. The determination must be made in
234	234	23 accordance with guidelines established by the Department.
235	235	24 On and after May 23, 2022 (the effective date of Public Act
236	236	25 102-895), if a veteran has a combined service connected
237	237	26 disability rating of 100% and is deemed to be permanently and
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248	248	1 totally disabled, as certified by the United States Department
249	249	2 of Veterans Affairs, the taxpayer who has been granted an
250	250	3 exemption under this Section shall no longer be required to
251	251	4 reapply for the exemption on an annual basis, and the
252	252	5 exemption shall be in effect for as long as the exemption would
253	253	6 otherwise be permitted under this Section.
254	254	7 (e-1) If the person qualifying for the exemption does not
255	255	8 occupy the qualified residence as of January 1 of the taxable
256	256	9 year, the exemption granted under this Section shall be
257	257	10 prorated on a monthly basis. The prorated exemption shall
258	258	11 apply beginning with the first complete month in which the
259	259	12 person occupies the qualified residence.
260	260	13 (e-5) Notwithstanding any other provision of law, each
261	261	14 chief county assessment officer may approve this exemption for
262	262	15 the 2020 taxable year, without application, for any property
263	263	16 that was approved for this exemption for the 2019 taxable
264	264	17 year, provided that:
265	265	18 (1) the county board has declared a local disaster as
266	266	19 provided in the Illinois Emergency Management Agency Act
267	267	20 related to the COVID-19 public health emergency;
268	268	21 (2) the owner of record of the property as of January
269	269	22 1, 2020 is the same as the owner of record of the property
270	270	23 as of January 1, 2019;
271	271	24 (3) the exemption for the 2019 taxable year has not
272	272	25 been determined to be an erroneous exemption as defined by
273	273	26 this Code; and
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284	284	1 (4) the applicant for the 2019 taxable year has not
285	285	2 asked for the exemption to be removed for the 2019 or 2020
286	286	3 taxable years.
287	287	4 Nothing in this subsection shall preclude a veteran whose
288	288	5 service connected disability rating has changed since the 2019
289	289	6 exemption was granted from applying for the exemption based on
290	290	7 the subsequent service connected disability rating.
291	291	8 (e-10) Notwithstanding any other provision of law, each
292	292	9 chief county assessment officer may approve this exemption for
293	293	10 the 2021 taxable year, without application, for any property
294	294	11 that was approved for this exemption for the 2020 taxable
295	295	12 year, if:
296	296	13 (1) the county board has declared a local disaster as
297	297	14 provided in the Illinois Emergency Management Agency Act
298	298	15 related to the COVID-19 public health emergency;
299	299	16 (2) the owner of record of the property as of January
300	300	17 1, 2021 is the same as the owner of record of the property
301	301	18 as of January 1, 2020;
302	302	19 (3) the exemption for the 2020 taxable year has not
303	303	20 been determined to be an erroneous exemption as defined by
304	304	21 this Code; and
305	305	22 (4) the taxpayer for the 2020 taxable year has not
306	306	23 asked for the exemption to be removed for the 2020 or 2021
307	307	24 taxable years.
308	308	25 Nothing in this subsection shall preclude a veteran whose
309	309	26 service connected disability rating has changed since the 2020
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