BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1458|
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                                   THIRD READING 


          Bill No:  SB 1458
          Author:   Bates (R) 
          Amended:  4/6/16  
          Vote:     21 

           SENATE VETERANS AFFAIRS COMMITTEE:  4-0, 4/12/16
           AYES:  Nielsen, Hueso, Allen, Roth
           NO VOTE RECORDED:  Nguyen

           SENATE GOVERNANCE & FIN. COMMITTEE:  7-0, 4/27/16
           AYES:  Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,  
            Pavley

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/27/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           SUBJECT:   Property taxation:  exemptions:  disabled veterans


          SOURCE:   Hon. George Runner, Member, State Board of  
          Equalization



          DIGEST:  This bill expands eligibility for the disabled veterans  
          property tax exemption to include persons, who were discharged  
          from military service under "other than dishonorable  
          conditions."


          ANALYSIS: 

          Existing law:








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          1)Authorizes the Legislature to exempt partially or fully from  
            property tax, the home of a disabled veteran - or the  
            veteran's spouse, including an unmarried surviving spouse - if  
            the veteran's disabling injury incurred in military service;  
            and the veteran is blind in both eyes; lost the use of two or  
            more limbs; or is totally disabled.

             a)   Applies also to the veteran's spouse, including an  
               unmarried surviving spouse, if the veteran has, as a result  
               of a service-connected injury or disease, died while on  
               active duty in military service.

             b)   Does not apply if the home is receiving another real  
               property exemption.

          1)Provides a partial exemption for eligible disabled veterans.

          2)Defines an eligible veteran as a person who, among other  
            things, is serving in or has served in and has been discharged  
            under honorable conditions from service in the United States  
            Army, Navy, Air Force, Marine Corps, or Coast Guard.

          This bill:

          1)Modifies the military discharge standard, regarding  
            eligibility for the disabled veterans property tax exemption,  
            to include both of the following criteria:

             a)   Discharged from military service "under other than  
               dishonorable conditions"; and

             b)   Determined by the United States Department of Veterans  
               Affairs (USDVA) to be eligible for federal veterans' health  
               and medical benefits.

          2) Provides that no appropriation is made and the state shall  
            not reimburse local agencies for property tax revenues lost by  
            them pursuant to this bill.
          
          Background
          
          Disabled Veterans Property Tax Exemption.  California provides  
          qualified disabled veterans and their unmarried surviving  







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          spouses with a property tax exemption that applies to their  
          home's assessed value. Eligibility provisions require that the  
          claimant demonstrate award of disability rating from the USDVA  
          that:

          1)Rates the veteran's disability at 100%; or

          2)Rates the veteran's disability compensation at 100% because  
            the veteran is unable to secure and maintain gainful  
            employment.

          The law allows surviving spouses to receive the exemption if the  
          spouse's death was service-connected. To be eligible for the  
          exemption, surviving spouses must receive a USDVA determination  
          that the spouse's death was service-connected. A USDVA  
          determination is necessary for (1) active duty personnel deaths  
          (i.e., the service person was not a "veteran") and (2) veterans  
          without a 100% rating when alive, but whose cause of death is  
          deemed service-connected. Surviving spouses of veterans with a  
          100% disability rating during their lifetime continue to receive  
          the exemption after the veteran's death so long as they do not  
          remarry.

          The exemption amount depends upon the claimant's income.  
          According to the State Board of Equalization (BOE), Fiscal Year  
          2016-17, the basic exemption adjusted for inflation will be  
          $127,510. If the claimant's income is less than $57,258, the  
          exemption amount will be $191,266. For Fiscal Year 2015-16,  
          37,653 disabled veterans or their unmarried surviving spouses  
          were granted the exemption.
           
           Types of Military Discharges. The military separates its  
          personnel from active service by formally discharging them.  
          Discharges may be either administrative or punitive. Each of the  
          five different discharge statuses is determined by the  
          characterization of an individual's service. The character of  
          service slides along a scale with "honorable" at the high end  
          and "dishonorable" at the low end.

          The types of discharges fall under one of two categories:  
          "Administrative" or "punitive." Punitive discharges are reserved  
          for the most negative cases and imposed only by special and  
          general courts martial. Administrative separations cannot be  
          awarded by a court-martial and are not punitive in nature.  







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          Enlisted personnel may be administratively separated with a  
          characterization of service or a description of separation.  
          Administrative discharges include:

          1)Honorable. The most common discharge status, it presumes  
            creditable service and good behavior. All service members earn  
            an Honorable Discharge unless they experience significant  
            problems and receive a lower type of discharge,
           
          2)General (under honorable conditions). Sometimes referred to as  
            a "General Discharge," it is granted if an individual's  
            commander determines that service has been generally honest  
            and faithful, even if the person ran into some trouble.  
            General Discharges are given for a various reasons, including  
            failure to progress in training; failure to maintain military  
            standards in appearance, weight, or fitness; or disciplinary  
            infractions, including drug or alcohol abuse.

          3)Other than Honorable.  An "OTH" discharge usually is given  
            when an individual's service represents a broader pattern of  
            departure from the conduct and performance expected of all  
            military members. It can result from notable drug or alcohol  
            problems, but also can be based on other misconduct, such as  
            abuse of authority, fraternization, or a pattern of continued  
            misconduct. OTH discharges bar the individual from reenlisting  
            into any component of the Armed Forces, including the federal  
            reserves and National Guard.

          Punitive discharges are authorized punishments of courts-martial  
          and can only be imposed as an approved court-martial sentence  
          following an individual's conviction for violating the Uniform  
          Code of Military Justice. There are two types of punitive  
          discharges:

          1)Bad Conduct Discharge. This can be imposed by both special and  
            general courts-martial. This discharge is usually given for  
            convictions of crimes such as absent without leave, drunk on  
            duty, driving while under the influence, adultery, writing bad  
            checks, and disorderly conduct.

          2)Dishonorable Discharge.  The worst type of military discharge,  
            it can be imposed only by a general court-martial. In most  
            cases, a Dishonorable Discharge also involves being sentenced  
            to serve time in a military prison.







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          Discharge Requirements for Veterans Benefits.  Basic eligibility  
          for federal veterans benefits depends upon the type of military  
          service performed, duration of service, and character of  
          discharge or separation. The discharging military branch makes  
          those determinations; the USDVA reviews the military's  
          description of the "character of discharge" to determine whether  
          a person meets the basic eligibility requirements for receipt of  
          VA benefits under Title 38 of the United States Code.  
           
          A discharge characterized by a military service as "under  
          honorable conditions" is binding on the USDVA and requires it to  
          provide benefits if other eligibility requirements are met. A  
          Dishonorable Discharge explicitly bars the USDVA from providing  
          benefits.

          The OTH and Bad Conduct discharges bar an individual from  
          presumptive eligibility for federal benefits. In these cases,  
          however, the USDVA, as administering agency of benefits, may be  
          asked to make an independent assessment of the character of  
          service. The USDVA reviews facts and circumstances surrounding  
          the incident(s) that led to the discharge, as reported by the  
          military, as well as any supporting evidence from the claimant  
          or third parties. On a case-by-case basis, VA determines whether  
          the incidents that led to the OTH or Bad Conduct discharge may  
          be found to have been "under conditions other than  
          dishonorable," and thus whether basic eligibility for VA  
          benefits can be established.

          Therefore, while recipients of OTH and Bad Conduct discharges  
          were not separated "under honorable conditions," for the  
          purposes of determining benefit eligibility, they may be found  
          to have been separated "under other than dishonorable  
          conditions."

          Related/Prior Legislation
          
          SB 1104 (Stone, 2016) fully exempts the home of a disabled  
          veteran from property tax and prohibits any future Proposition  
          13-related inflation adjustments to the assessed value of homes  
          of honorably discharged veterans over the age of 65. Pending in  
          Senate Committee on Appropriations.

          SB 1183 (Bates, 2016) fully exempts from property tax the home  







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          of any person eligible for the disabled veterans' exemption.  
          Pending in Senate Committee on Appropriations.

          AB 1556 (Mathis/Weber, 2016) is almost identical to SB 1183  
          (Bates, 2016). Pending in Assembly Committee on Appropriations.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee:


           The BOE indicates that this bill will result in an annual  
            property tax revenue loss of $127,000 for every 100  
            newly-qualified disabled veterans. Lower local property tax  
            revenues lead to increased General Fund Proposition 98  
            spending by up to roughly 50 percent (the exact amount depends  
            on the specific amount of the annual Proposition 98 guarantee,  
            which in turns depends upon a variety of economic, demographic  
            and budgetary factors).

           The BOE would incur minor implementation costs. 


          SUPPORT:   (Verified 5/27/16)


          Hon. George Runner, Member, State Board of Equalization (source)
          American G.I. Forum of California
          American Legion - Department of California
          AMVETS - Department of California
          California Association of County Veterans Service Officers 
          California State Commanders Veteran Council
          Military Officers Association of America - California Council of  
          Chapters
          State Board of Equalization
          Veterans of Foreign Wars - Department of California
          Vietnam Veterans of American - California State Council


          OPPOSITION:   (Verified5/27/16)








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          None received




          Prepared by:Wade Cooper Teasdale / V.A. / (916) 651-1503
          5/28/16 16:46:15


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