2007 Regular Session
By: Senator(s) Carmichael
AN ACT TO EXEMPT FROM AD VALOREM TAXATION THAT PORTION OF THE ASSESSED VALUE OF THE PRINCIPAL PLACE OF RESIDENCE OF A VETERAN THAT IS OWNED BY THE VETERAN, THE VETERAN'S SPOUSE OR THE VETERAN AND HIS OR HER SPOUSE JOINTLY THAT DOES NOT EXCEED A CERTAIN AMOUNT IF THE VETERAN IS BLIND IN BOTH EYES, HAS LOST THE USE OF TWO OR MORE LIMBS, OR IS TOTALLY DISABLED AS A RESULT OF INJURY OR DISEASE INCURRED IN MILITARY SERVICE; TO AUTHORIZE THE EXEMPTION TO BE UTILIZED BY THE UNREMARRIED SURVIVING SPOUSE OF A VETERAN UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE THAT A RESIDENCE FOR WHICH THE EXEMPTION AUTHORIZED BY THIS ACT HAS BEEN GRANTED SHALL NOT BE ELIGIBLE FOR HOMESTEAD EXEMPTION OR ANY OTHER AD VALOREM TAX EXEMPTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) (a) As used in this section, "veteran" means a person who has served in and has been discharged under honorable conditions from service in any branch of the United States Armed Forces or the National Guard.
(b) For purposes of this section, property is deemed to be the principal place of residence of a veteran disabled as described in subsection (2) of this section who is confined to a hospital or other care facility, if that property would be that veteran's principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. A family member that resides at the residence is not considered to be a third party.
(c) For purposes of this section:
(i) Being blind in both eyes means having a visual acuity of 5/200 or less, or concentric contraction of the visual field to five degrees (5°) or less;
(ii) Losing the use of a limb means that the limb has been amputated or its use has been lost by reason of ankylosis, progressive muscular dystrophies or paralysis;
(iii) Being totally disabled means that the United States Department of Veterans Affairs or the military service from which the veteran was discharged has rated the disability at one hundred percent (100%) by reason of being unable to secure or follow a substantially gainful occupation.
(2) Property that constitutes the principal place of residence of a veteran, that is owned by the veteran, the veteran's spouse or the veteran and the veteran's spouse jointly, is exempt from ad valorem taxation on that part of the assessed value of the residence that does not exceed Ten Thousand Dollars ($10,000.00) if the veteran is blind in both eyes, has lost the use of two (2) or more limbs, or if the veteran is totally disabled as a result of injury or disease incurred in military service; however, in the case of an eligible veteran whose household income does not exceed the amount of Forty Thousand Dollars ($40,000.00), as adjusted for the relevant year as provided in subsection (4) of this section, the place of residence of the veteran shall be exempt from ad valorem taxation on that amount of the assessed value of the residence that does not exceed Fifteen Thousand Dollars ($15,000.00).
(3) Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a deceased veteran is exempt from ad valorem taxation on that part of the true value of the residence that does not exceed Ten Thousand Dollars ($10,000.00); however, in the case of an unmarried surviving spouse of a deceased veteran whose household income does not exceed the amount of Forty Thousand Dollars ($40,000.00), as adjusted for the relevant year as provided in subsection (4) of this section, the place of residence of the unmarried surviving spouse of the deceased veteran shall be exempt from ad valorem taxation on that amount of the assessed value of the residence that does not exceed Fifteen Thousand Dollars ($15,000.00) if either of the following conditions are met:
(a) The deceased veteran during his or her lifetime qualified in all respects for the exemption or would have qualified for the exemption under the laws effective on January 1, 2007, except that the veteran died prior to January 1, 2007.
(b) The veteran died from a disease that was service connected as determined by the United States Department of Veterans Affairs.
(4) Commencing on January 1, 2008, and each year thereafter, the household income limit shall be increased annually by an amount equal to the annual percentage increase in the Consumer Price Index, as established by the United States Department of Labor.
(5) A residence for which an exemption has been granted under this section shall not be eligible for homestead exemption or any other ad valorem tax exemption.
SECTION 2. This act shall take effect and be in force from and after January 1, 2007.