BILL NUMBER: AB 1341	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 27, 2009

   An act to amend Section  2   276  of the
Revenue and Taxation Code, relating to taxation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1341, as amended, Saldana.  Taxation.  
Taxation: disabled veterans' exemption.  
   Existing property tax law provides, pursuant to the authorization
of the California Constitution, for the exemption from property
taxation of specified amounts of the assessed value of the home of a
disabled veteran, or a veteran's spouse in the case in which the
person has, as a result of a service-connected disease or injury,
died while on active duty in military service.  
   This bill would correct an erroneous cross reference and remove
obsolete references to prior exemption amounts.  
   The Revenue and Taxation Code specifies how certain provisions are
to be construed.  
   This bill would make technical, nonsubstantive changes to those
specification provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 276 of the   Revenue
and Taxation Code   is amended to read: 
   276.  (a) Except as otherwise provided by subdivision (b), for
property for which the disabled veterans' exemption described in
Section 205.5 was available, but for which a timely claim was not
filed, a partial exemption shall be applied in accordance with
whichever of the following is applicable:
   (1) Ninety percent of any tax, including any interest or penalty
thereon, levied upon that portion of the assessed value of the
property that would have been exempt under a timely and appropriate
claim shall be canceled or refunded, provided that an appropriate
claim for exemption is filed after 5 p.m. on February 15 of the
calendar year in which the fiscal year begins but on or before the
following December 10.
   (2) If an appropriate claim for exemption is filed after the time
period specified in paragraph (1), 85 percent of that portion of any
tax, including any interest or penalty thereon, that was levied upon
that portion of the assessed value of the property that would have
been exempt under a timely and appropriate claim, shall be canceled
or refunded. Cancellations made under this paragraph are subject to
the provisions of Article 1 (commencing with Section  4895)
  4985)  of Chapter 4  of Part 9  .
Refunds issued under this paragraph are subject to the limitations
periods on refunds as described in Article 1 (commencing with Section
5096) of Chapter 5  of Part 9  .
   (b) If a late filed claim for the sixty-thousand-dollar
($60,000) exemption is filed in conjunction with a timely filed claim
for the forty-thousand-dollar ($40,000) exemption, or if  a
 late filed   late-filed  claim for the
one-hundred-fifty-thousand-dollar ($150,000) exemption is filed in
conjunction with a timely filed claim for the
one-hundred-thousand-dollar ($100,000) exemption, the amount of any
exemption allowed under the late-filed claim under subdivision (a)
shall be determined on the basis of that portion of the exemption
amount, otherwise available under subdivision (a), that exceeds
 forty thousand dollars ($40,000) or  one hundred
thousand dollars ($100,000), as applicable.
   (c) For those claims filed pursuant to subdivision (a) after
November 15, the exemption under that subdivision may be applied to
the second installment. If that exemption is so applied, the first
installment is still delinquent on December 10, and is subject to
delinquent penalties provided for in this division if that
installment is not timely paid. A refund shall be made to the
taxpayer upon a claim submitted to the auditor if the exemption is
applied to the second installment and either of the following is
true:
   (1) Both installments are paid on or before December 10.
   (2) The reduction in taxes resulting from the exemption exceeds
the amount of taxes due on the second installment. 
  SECTION 1.    Section 2 of the Revenue and
Taxation Code is amended to read:
   2.  Provisions of this code that are substantially the same as
existing statutory provisions relating to the same subject matter
shall be construed as restatements and continuations, and not as new
enactments.