BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 1113
          Author:   Knight (R)
          Amended:  4/1/14
          Vote:     21

           
           SENATE VETERANS AFFAIRS COMMITTEE  :  6-0, 4/8/14
          AYES:  Hueso, Knight, Block, Lieu, Nielsen, Roth
          NO VOTE RECORDED:  Correa, Vacancy

           SENATE GOVERNANCE & FINANCE COMMITTEE  :  7-0, 4/24/14
          AYES:  Wolk, Knight, Beall, DeSaulnier, Hernandez, Liu, Walters

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/14
          AYES:  De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    Property taxation:  disabled veterans:  refunding

           SOURCE  :     Author


           DIGEST  :    This bill, if a claim for a refund is filed for the  
          disabled veterans exemption on or after January 1, 2015, extends  
          the period of time for which a refund is required to be made  
          from four years to eight years.

           ANALYSIS  :    Existing law 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."  
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                                                                    SB 1113
                                                                     Page  
          2


          This bill, if a claim for a refund is filed for the disabled  
          veterans' exemption on or after January 1, 2015, extends the  
          period of time for which a refund is required to be made from  
          four years to eight years.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

           This bill is estimated to result in reduced local property  
            taxes of about $332,000 annually.  Under Proposition 98, this  
            reduction in local property tax revenues would lead to an  
            increase in state General Fund support for K-14 education of  
            approximately 40% to 50%, or potentially $166,000 annually.   
            The exact amount would depend on the specific factors which  
            determine the annual Proposition 98 minimum funding guarantee.

           The Board of Equalization would incur minor costs (less than  
            $10,000) to inform and advise county assessors and the public  
            of the law changes and address implementation issues.

           SUPPORT  :   (Verified  5/23/14)

          Board of Equalization (source)
          American Legion, Department of California
          AMVETS, Department of California
          Board of Equalization Chairman Jerome Horton 
          Board of Equalization Member George Runner 
          California Assessors' Association
          California Association of County Veterans Service Officers
          California State Commanders Veterans Council
          California Taxpayers Association
          Howard Jarvis Taxpayers Association
          City of Santa Clarita
          Veterans Caucus of the California Democratic Party
          Veterans of Foreign Wars, Department of California
          Vietnam Veterans of America, California State Council

           OPPOSITION  :    (Verified  5/23/14)

          Department of Finance


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                                                                    SB 1113
                                                                     Page  
          3

           ARGUMENTS IN SUPPORT  :    According to the author, "SB 1113  
          changes the statute of limitations on refunds associated with  
          disabled veterans, allowing a disabled veteran to receive a  
          refund of property taxes paid within the last eight years,  
          instead of the current four, when the federal government issues  
          the veteran a retroactive 100 percent disability rating.   
          Qualified veterans who receive a 100 percent disability rating  
          from the U.S. Department of Veterans Affairs are given a special  
          property tax reduction (up to $124,932 or $187,399 in 2014 and  
          equivalent amounts adjusted for inflation in future years).   
          California law specifies that a home becomes eligible for the  
          exemption as of the effective date of the veteran's 100 percent  
          disability rating.  Veterans are entitled to claim a refund for  
          taxes overpaid for up to four years of back taxes paid, but some  
          veterans encounter bureaucratic delays long than four years and  
          therefore lose the ability to claim the full exemption.  SB 1113  
          seeks to balance Veterans' need to receive added relief, with  
          government's need for certainty and closure, by extending the  
          statute of limitations to 8 years, which is the amount of time  
          that back taxes may be collected from taxpayers for escape  
          assessments related to unrecorded changes in ownership."

           ARGUMENTS IN OPPOSITION  :    The Department of Finance argues,  
          "While [the Department of] Finance understands this bill seeks  
          to provide additional relief to disabled veterans and their  
          spouses, we note that it does so at a cost of almost $250,000  
          per year to local governments, of which approximately half would  
          become an annual obligation to the state."


          AL:k  5/23/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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