BILL ANALYSIS                                                                                                                                                                                                    Ó



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

                              
          
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          |Bill No:  |SB 1183                          |Hearing    |4/27/16  |
          |          |                                 |Date:      |         |
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          |Author:   |Bates                            |Tax Levy:  |Yes      |
          |----------+---------------------------------+-----------+---------|
          |Version:  |3/28/16                          |Fiscal:    |Yes      |
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          |Consultant|Grinnell                                              |
          |:         |                                                      |
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                  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  







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          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  








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               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  








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          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:









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                 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).



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