BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNANCE AND FINANCE Senator Robert M. Hertzberg, Chair 2015 - 2016 Regular ------------------------------------------------------------------ |Bill No: |SB 1183 |Hearing |4/27/16 | | | |Date: | | |----------+---------------------------------+-----------+---------| |Author: |Bates |Tax Levy: |Yes | |----------+---------------------------------+-----------+---------| |Version: |3/28/16 |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant|Grinnell | |: | | ----------------------------------------------------------------- Property taxation: exemptions: disabled veterans Expands to a full exemption the current partial Disabled Veterans' Property tax exemption; expands eligibility for the 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. Assessors reappraise property whenever it is purchased, newly constructed, or when ownership changes. 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 SB 1183 (Bates) 3/28/16 Page 2 of ? 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 Constitutional exemption doesn't fully exclude the property value, instead enacting 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. Additionally, statute defines "blind in both eyes" to mean having a visual acuity of less than 5/200, or concentric contraction of the visual field to five degrees or less, both of which have a United States Department of Veterans' Affairs rating of 100%. The author wants to expand the current partial exemption measured by income to a full exemption without regard to income, and expand the definition for blind in both eyes to allow the exemption for other forms of blindness. Proposed Law Senate Bill 1183 broadens the disabled veterans' exemption from property tax in three ways. The bill: Enacts a full exemption from property tax for the principal place of residence qualifying disabled veterans, Revises the definition for "blind in both eyes" to delete the current one, and instead use the definition of "blind person" in Welfare and Institutions Code §19153, Qualifies as "totally disabled," a veteran who "is so severely disabled as to be unable to move without the aid SB 1183 (Bates) 3/28/16 Page 3 of ? of an assistive device." The measure makes technical and conforming changes, and would take effect for lien dates for the 2017-18 fiscal year. State Revenue Impact According to BOE, SB 1183 results in potential annual property tax revenue losses of $65.9 million. Comments 1. Purpose of the bill . According to the author, "Existing property tax exemptions for disabled veterans are well below California's median home value of $458,500. In veteran-rich counties, such as Orange, for example, this gap grows even wider, with the median home cost at $647,000. Often, existing law only exempts a small portion of veterans' home value, putting disabled veterans in jeopardy of losing their homes. California must expand statute to assist those veterans who have given so much to our state and country. 100% disabled veterans deserve to be protected from losing their homes because of the disabilities they have suffered protecting us. Additionally, military spouses should not be left with a tax burden that they cannot afford, upon their spouses' deaths." 2. 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 1183 would end this distinction by granting a full exemption for all taxpayers regardless of income. Increasing the disabled veterans' exemption provides reduces taxes for those who have sacrificed greatly for the country, and would be easier for assessors to administer, as they would no longer have to verify the taxpayer's income. However, SB 1183 would grant a full exemption to all qualifying taxpayers, thereby providing a SB 1183 (Bates) 3/28/16 Page 4 of ? potential benefit for individuals who have income sufficient to meet current tax obligations. The Committee may wish to consider whether the disabled veterans' exemptions should be full or partial, and whether it should depend on the taxpayer's income. 3. Expanded definitions . The Constitution allows the Legislature to implement the disabled veterans' exemption to any veteran who has lost one or more limbs, is totally blind, or is totally disabled, as a result of a service-connected injury, or their surviving, unmarried spouse. SB 1183 incorporates a broader definition of blindness, and expands eligibility to include disabled veterans who are unable to move without the aid of an assistance device. The change in the blindness definition applies to conditions currently rated by USDVA at 70% disability, whereas current law applies to conditions rated at 100%. Additionally, because current law already qualifies disabled veterans who are 100% disabled according to USDVA, it's unclear who would qualify under the measure's expansion of eligibility to veterans who are unable to move without the aid of an assistive device. 4. Related legislation . SB 1183 is identical to AB 1556 (Mathis), which was recently heard by the Assembly Revenue and Taxation Committee, but referred to its suspense file. SB 1183's change from a partial exemption conditioned on income to a full exemption is also in SB 1104 (Stone), which is currently set for the Committee's May 11th hearing. 5. Mandate . The California Constitution requires the state to reimburse local governments for the costs of new or expanded state mandated local programs. Because SB 1183 changes how assessors apply the disabled veterans' exemption, 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 existing statutory provisions. 6. Technicals . BOE and Committee Staff recommend the following technical amendment to reflect the USDVA's responsibility to rate disabilities: SB 1183 (Bates) 3/28/16 Page 5 of ? On page 6, line 4, strike out "the veteran is so severely;" strike out line 5; on line 6, replace, "device, or the or the veteran has" with "or;" and at the end of line 8, strike the period and insert ", or the veteran is so severely disabled as to be unable to move without the aid of an assistive device." 7. Incoming ! On April 12th, the Committee on Veteran's Affairs approved SB 1183 by a vote of 5 to 0. The Committee on Governance and Finance is hearing the measure as the committee of second referral. Support and Opposition (4/21/16) Support : Disabled Veterans of America, Cal-Diego Chapter (Sponsor); American G.I. Forum of California; Paralyzed Veterans of America, Cal-Diego Chapter; The American Legion - Department of California; The AMVETS - Department of California; The California Association of County Veterans Service Officers; The California State Commanders Veterans Council; The Military Officers Association of America, California Council of Chapters; The VFW - Department of California; The Vietnam Veterans of America - California State Council Opposition : California Tax Reform Association (unless amended). -- END --