BILL NUMBER: AB 2314	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2010

INTRODUCED BY   Assembly Members Block and Knight
   (Coauthors: Assembly Members  Blumenfield,  Conway, 
DeVore,   Fletcher,  Gilmore,  Huffman,  
Jeffries,  V. Manuel Perez,  and Salas  
Salas,   and Smyth  )
   (  Coauthor:   Senator  
Runner   Coauthors:   Senators  
Florez   and Runner  )

                        FEBRUARY 19, 2010

   An act to amend Section 276.1 of the Revenue and Taxation Code,
relating to taxation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2314, as amended, Block. Property tax exemption: disabled
veterans: procedure.
   Existing law establishes a property tax exemption for disabled
veterans. Existing law provides that for property for which the
disabled veterans' exemption would have been available but for the
taxpayer's failure to receive a timely disability rating from the
United States Department of Veterans Affairs (USDVA), there shall be
canceled or refunded any taxes, including any interest and penalties
thereon, levied on that portion of the assessed value of the property
that would have been exempt under a timely and appropriate claim,
provided that the claimant meets specified conditions. These
conditions are that (1) the claimant had an application pending with
the USDVA and subsequently received a rating that qualifies the
claimant for the disabled veterans' exemption, and (2) the claimant
subsequently files an appropriate claim for the exemption the later
of 30 days of receipt of the disability rating from the USDVA or on
or before the next following lien date.
   This bill would make these provisions applicable to property for
which the disabled veterans' exemption would have been available but
the taxpayer had not yet received a disability rating from the USDVA
that qualifies the claimant for the exemption. The bill would delete
the first condition described above requiring the claimant to have
had an application pending with the USDVA and subsequently have
received a qualifying rating. The bill would also change the
timeframe for which a claimant may file an appropriate claim for the
exemption to 90 days of receipt of the disability rating or on or
before the next following lien date.
   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 276.1 of the Revenue and Taxation Code is
amended to read:
   276.1.  (a) For property for which the disabled veterans'
exemption described in Section 205.5 would have been available but
the taxpayer had not yet received a disability rating from the United
States Department of Veterans Affairs (USDVA), there shall be
canceled or refunded the amount of any taxes, including any interest
and penalties thereon, subject to the provisions regarding
cancellations in Article 1 (commencing with Section 4985) of Chapter
4 and the limitations periods on refunds as described in Article 1
(commencing with Section 5096) of Chapter 5, levied on that portion
of the assessed value of the property that would have been exempt
under a timely and appropriate claim, provided that the claimant
files an appropriate claim for the disabled veterans' exemption
described in Section 205.5 the later of 90 days of receipt of the
disability rating from the USDVA or on or before the next following
lien date.
   (b) Subject to the provisions regarding cancellations and the
limitations periods on refunds, the disabled veterans' exemption
 applies   shall apply  beginning on the
effective date, as determined by the USDVA, of a disability rating
that qualifies the claimant for the exemption.