BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |SB 1104                          |Hearing    |5/4/16   |
          |          |                                 |Date:      |         |
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          |Author:   |Stone                            |Tax Levy:  |Yes      |
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          |Version:  |2/17/16                          |Fiscal:    |Yes      |
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          |Consultant|Grinnell                                              |
          |:         |                                                      |
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                      Property tax:  senior and disabled veterans



          Eliminates the inflation adjustment for the principal place of  
          residence of veteran taxpayer over the age of 65; Expands to a  
          full exemption the current partial Disabled Veterans' property  
          tax exemption.


           Background 

           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, and provides that  
          assessors can only reappraise property whenever it is purchased,  
          newly constructed, or when ownership changes (Proposition 13,  
          1978).

          Growth limitation. State law implementing Proposition 13  
          generally sets a property's value as its price when purchased or  
          when ownership changed, plus an annual inflation factor,  
          calculated by the Department of Industrial Relations using the  
          California Consumer Price Index for all items.  For example, a  
          home purchased in 2011 for $300,000, has a maximum taxable base  
          year value of $306,000 in 2012, $312,200 in 2013, $318,440 in  
          2014, $325,808 in 2015, and $332,324 in 2016.  This base year  
          value is then multiplied by the appropriate rate (usually 1%,  







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          but can be slightly more) to determine tax due.  Reassessment  
          limits and capped inflation growth ensure a predictable, slowly  
          growing tax obligation for the taxpayer, and predictable revenue  
          for local agencies; however, these limits may also result in a  
          taxable base year value below the property's fair market value,  
          which grows in magnitude the longer the assessor hasn't  
          reassessed the property.  In most cases, this system results in  
          shifting the cost of public services from incumbent homeowners  
          onto individuals who recently purchased property. 

          Disabled Veterans' Exemption.  The Constitution allows the  
          Legislature to partially or wholly exempt from property tax the  
          value of a disabled veteran's principal place of residence if  
          the veteran has lost one or more limbs, is totally blind, or is  
          totally disabled, as a result of a service-connected injury.   
          This is known as the "disabled veterans' exemption."  The  
          Constitution provides that disabled veteran taxpayers, or  
          unmarried surviving spouses of persons who die while on active  
          duty, must apply the exemption instead of, but not in  
          combination with, other real property exemptions.  

          Unlike the homeowners' exemption, the state does not backfill  
          property tax revenue losses resulting from taxpayers applying  
          the exemption.  According to the Board of Equalization (BOE),  
          the number of taxpayers claiming the exemption has increased  
          from 8,483 to 37,653 between 1990 and 2015, an increase of 344%.  
           San Diego (5,391), San Bernardino (3,732), and Sacramento  
          (2,422) are the counties with the most taxpayers claiming the  
          exemption.  

          State law implementing the exemption doesn't fully exclude the  
          property value from property tax, instead it allows a partial  
          exemption of $100,000 for disabled veteran taxpayers with  
          household income of more than $40,000, or $150,000 for income  
          lower than that amount, with each threshold adjusted for  
          inflation by the Department of Industrial Relations using the  
          California Consumer Price Index for all items.  The current  
          inflation adjusted value is $127,410 for disabled veterans with  
          income of more than $57,258, and $191,266 for those with less  
          than that amount.  

          The author wants to grant additional property tax benefits by  
          disconnecting the inflation factor for taxpayers qualifying for  
          the veterans' exemption in the California Constitution, and  








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          expand the current partial disabled veterans' exemption  
          conditioned on income into a full exemption.

           Proposed Law

           Senate Bill 1104 makes two changes to property tax law:

          Growth limitation.  SB 1104 disconnects the inflation factor for  
          the principal place of residence of taxpayers over the age of 65  
          who were honorably discharged from military service for any  
          assessment year on or after either January 1, 2017, or the  
          taxpayer's 65th birthday, whichever is later.  As such, the  
          measure would freeze the veteran taxpayer's base year value at  
          its current amount until newly construction or a change in  
          ownership occurs. 

          Disabled veterans' exemption.  SB 1104 enacts a full exemption  
          from property tax for the principal place of residence of  
          qualifying disabled veterans to replace the current partial  
          exemption, commencing with lien date for the 2017-18 fiscal  
          year.  

          The bill also makes technical and conforming changes.  


           State Revenue Impact

           According to BOE, the measure's growth limitation provisions  
          result in annual property tax revenue losses of $9.7 million,  
          while its disabled veteran exemption expansion results in  
          potential annual property tax revenue losses of $65.9 million.


           Comments

           1.  Purpose of the bill  .  According to the author, "An issue that  
          is currently plaguing California is the issue of veterans who  
          are homeless.  Veterans have sacrificed much for their country,  
          and in return, local, state and federal governments need to do  
          everything in their power to help them succeed.  According to  
          the National Coalition for Homeless Veterans, homeless veterans  
          are younger on average than the total veteran population.  
          Approximately 9% are between the ages of 18 and 30, and 41% are  
          between the ages of 31 and 50.  On top of that, about 1.4  








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          million other veterans are considered at risk of homelessness.  
          There is no single solution that will solve this crisis.   
          Reasons for the large number of homeless veterans are complex  
          and numerous.  Two of the biggest factors are the extreme  
          shortage of affordable housing and livable income.  SB 1104  
          attempts to address the affordable housing issue for veterans by  
          capping the property taxes on any primary residence of an  
          honorably discharged veteran over the age of 65, and exempting  
          the property tax of all disabled veterans living in their  
          primary residence.  By making these two changes, it will go a  
          long way to helping veterans stay in their homes by making their  
          living situation more affordable."

          2.   Too many benefits  ?  Proposition 13 provided property owners  
          in California with substantial protections from higher property  
          tax rates and annual reassessments.  However, California already  
          has the lowest property tax rates and most taxpayer-friendly  
          reassessment triggers of almost any state in the nation, thereby  
          providing significant benefits to property owners, especially  
          those that have been in their homes for many years.  SB 1104  
          expands those benefits to freeze their base year values at their  
          current amounts for qualifying veterans currently over the age  
          of 65, and in the future for veterans when they turn 65.  The  
          Committee may wish to consider whether this tax benefit is  
          necessary given those already afforded under current law

          3.  No income test  .  Generally, property tax exemptions don't  
          depend on the taxpayer's income; however, the different disabled  
          veterans exemption amounts were first enacted by the Legislature  
          when it allowed a greater exemption ($15,000 at the time), for  
          disabled veterans with income that qualified him or her for the  
          Property Tax Postponement program (AB 955, Mangers, 1978).  The  
          Legislature maintained the distinction when it fixed the current  
          exemption amounts (SB 320, Royce, 1989), and applied the  
          inflation adjustment (SB 1362, Poochigian, 2000).  SB 1104 would  
          end this distinction by granting a full exemption for all  
          taxpayers regardless of income.  Increasing the disabled  
          veterans' exemption reduces taxes for those who have sacrificed  
          greatly for their country, and would be easier for assessors to  
          administer, as they would no longer have to verify the  
          taxpayer's income.  However, SB 1104 would grant both a full  
          exemption from property tax to all disabled veterans, thereby  
          potentially providing a benefit for individuals who have income  
          sufficient to meet current tax obligations.  Additionally, the  








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          measure also freezes base year values for all veterans when they  
          turn 65, regardless of income.  The Committee may wish to  
          consider whether the bill's tax benefits should depend on the  
          taxpayer's income.    

          4.   Different treatment  .  Proposition 13's cap on assessed value  
          growth currently benefits all taxpayers regardless of age,  
          income, or other variable.  SB 1104 sets a precedent by freezing  
          a veteran over the age of 65's property tax base at its amount  
          today, as well as for other qualifying veterans when they turn  
          65, while all other taxpayers would be subject to annual  
          inflation adjustments.  

          5.   Related legislation, part one  .  SB 1104's expansion of the  
          disabled veterans' exemption to a full exemption is also found  
          in SB 1138 (Bates), which the Committee approved unanimously on  
          April 27, 2016.  Additionally, SB 1104's disconnection of  
          inflation adjustment for veterans over the age of 65 is similar  
          to provisions found in SB 1126 (Stone), which provides the same  
          treatment for income-eligible taxpayers over the age of 65.  The  
          Committee also approved that bill unanimously on April 27, 2016.  
           

          6.   Related legislation, part two  .  SB 1104 freezes base year  
          values for veteran taxpayers over the age of 65 who were  
          honorably discharged, consistent with the California  
          Constitution's definition for the veterans' exemption, and state  
          law that determines eligibility for the disabled veterans'  
          property tax exemption.  However, the Committee unanimously  
          approved SB 1458 (Bates) at its April 27, 2016, hearing, which  
          allows disabled veterans who were discharged under other than  
          dishonorable conditions, so long as they qualify for benefits  
          provided by the United States Department of Veterans Affairs.     
           

          7.    Mandate  .  The California Constitution requires the state to  
          reimburse local governments for the costs of new or expanded  
          state mandated local programs.  Because SB 1104 changes the  
          manner in which assessors value real property, Legislative  
          Counsel says that it imposes a new state mandate.  The measure  
          provides that the state shall not reimburse local agencies for  
          property tax revenue losses, instead stating that should the  
          Commission on State Mandates determine that the bill imposes a  
          reimbursable mandate, reimbursement must be made pursuant to  








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          existing statutory provisions.    

          8.   Technicals .  BOE and Committee Staff recommend the following  
          amendment:

                 On page 3, line 24, after "law," insert "for any  
               assessment year commencing on or after January 1, 2017;" on  
               line 27, after "older," insert "on the lien date;" on line  
               28, strike out "for any assessment year," strike out line  
               29, and on line 30, strike out "65th birthday, whichever  
               occurs later."
                 Specify filing requirements and deadlines for taxpayers  
               to claim the benefit, as assessors do not currently possess  
               age information for potentially eligible taxpayers.
                 Apply the bill's enhanced benefits for owners of mobile  
               homes by amending Revenue and Taxation Code §5813.
                 Clarify whether the measure's benefits apply to as much  
               land surrounding the principal place of residence as is  
               reasonably necessary to use the dwelling as a home, similar  
               to other exemptions.

           Support and  
          Opposition   (4/28/16)


           Support  :  California Commission on Aging.

           Opposition  :  California Tax Reform Association.



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