BILL ANALYSIS Ó SENATE GOVERNANCE & FINANCE COMMITTEE Senator Lois Wolk, Chair BILL NO: AB 946 HEARING: 7/6/11 AUTHOR: Butler FISCAL: No VERSION: 2/18/11 TAX LEVY: No CONSULTANT: Grinnell VETERAN'S PROPERTY TAX EXEMPTION Consolidates disabled veterans exemption timelines. Background and Existing Law Section One of Article XIII of the California Constitution provides that all property is taxable unless explicitly exempted by the Constitution or federal law. The Constitution limits the maximum amount of any ad valorem tax on real property at 1% of full cash value, plus any locally-authorized bonded indebtedness. Assessors reappraise property whenever it is purchased, newly constructed, or when ownership changes. The Constitution and statute define those terms. Section Four of Article XIII allows the Legislature to partially or wholly exempt from property taxes the value of a disabled veteran's home if the veteran has lost one or more limbs, is totally blind, or is totally disabled, as a result of a service-connected injury, known as the "disabled veterans' exemption." The Constitution allows taxpayers to apply the disabled veterans' exemption, currently provided by statute at the inflation adjusted value of either $115,060 or $172,592 depending on the taxpayer's income, but not in addition to the veterans or homeowners' exemption. The Constitution additionally allows the exemption for unmarried surviving spouses of persons who die while on active duty, or subsequently die as a result of service-connected injuries. Currently, four sections of the Revenue and Taxation Code detail the relevant time periods for taxpayers to receive the disabled veterans' exemptions: §75.22 provides 90 days from the date of the change of ownership for the taxpayer to apply for an exemption from supplemental assessments. AB 946 -- 2/18/11 -- Page 2 §205.5 states that the property is eligible for the exemption on the date the taxpayer purchases the property. §276.1 allows taxpayers to claim the exemption within 30 days of receipt of the disability rating from the United States Department of Veterans' Affairs. §279 states that the exemption remains in effect until the title of the property changes, the property is altered to no longer be a dwelling, the veteran is no longer disabled, or until the owner no longer occupies the property, subject to certain exceptions. Proposed Law Assembly Bill 946 imports the appropriate timelines and effective dates from the three other sections into §279, and adds a claimant spouse remarrying to the list of disqualifying events. State Revenue Impact The Board of Equalization (BOE) estimates no revenue impact. Comments 1. Purpose of the bill . According to the Author, "AB 946 will aid the proper administration of the disabled veterans' property tax exemption. The current laws are widely dispersed and lack cross references. A comprehensive section of code will greatly assist tax administrators and tax practitioners and is particularly useful to those who are new to this area or law or address these issues infrequently. Updating the code to provide complete and accurate information also serves those families that have sacrificed so much. It makes certain that the exemption available will be granted as of the earliest possible date and will alert persons receiving the exemption to those events that cause ineligibility. These are nonsubstantive but AB 946 -- 2/18/11 -- Page 3 important changes." 2. Upcoming Features . AB 188 (Block) contains an identical change to AB 946, and also proposes amendments to Section 279 to ensure that an unmarried surviving spouse that is receiving the disabled veterans' exemption will continue to receive the exemption if he or she is confined to a hospital or care facility. The Committee will also hear this measure at its June 29, 2011 hearing. Assembly Actions Assembly Revenue and Taxation: 9-0 Assembly Floor: 74-0 Support and Opposition (06/30/11) Support : State Board of Equalization Opposition : Unknown