BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1458  


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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1458  
          (Bates) - As Amended June 29, 2016


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          |Policy       |Veterans Affairs               |Vote:|7 - 0        |
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          |             |Revenue and Taxation           |     |9 - 0        |
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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill expands eligibility for the Disabled Veteran's  
          Property Tax Exemption (Disabled Veteran's Exemption) to include  
          a person who has been discharged under the "other than  








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          dishonorable conditions" but who is otherwise eligible for  
          federal veterans' health and medical benefits, as determined by  
          the U.S. Department of Veterans Affairs (USDVA). The bill also  
          contains technical provisions that clarify how the Board of  
          Equalization (BOE) can process corrections related to the  
          Disabled Veteran's Exemption.


          FISCAL EFFECT:


          1)Minor and absorbable administrative costs to BOE.


          2)Modest GF costs as a result of expanded eligibility for the  
            Disabled Veteran's Exemption. Annual property tax revenue loss  
            is approximately $127,000 for every 100 newly-qualified  
            disabled veterans, resulting in GF costs of approximately  
            $63,500 as a result of the Proposition 98 guarantee. The exact  
            number of newly eligible veterans is unknown, but likely  
            small.   


          COMMENTS:


          1)Purpose. According to the author, SB 1458 will make any  
            veterans receiving federal service-connected disability  
            benefits eligible for the Disabled Veteran's Exemption. The  
            author argues that this bill will ensure 100% disabled  
            veterans receive the benefits that they deserve.

          2)Background.  The Disabled Veteran's Exemption exempts a  
            portion of the assessed value of a principal place of  
            residence from property tax for qualified veterans and their  
            spouses. In 2016, most qualified veterans will not pay  
            property taxes on the first $127,510 of their home's value.

            Low-income disabled veterans are granted a more generous  








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            exemption: In 2016, disabled veterans and their spouses with a  
            household income of $57,258 or less will be exempt from  
            property taxes on the first $191,266 of their principal place  
            of residence. 

            This exemption is also only available to those disabled  
            veterans who received an Honorable discharge from military  
            service. 





          3)Federal health and medical benefits. Under federal law, USDVA  
            benefits and services provided to a veteran depend on the  
            veteran's character of discharge from military service. A  
            veteran with an Honorable or General (under honorable  
            conditions) discharge is eligible for benefits. However, a  
            veteran with an Other Than Honorable (OTH), or Bad Conduct  
            discharge, may be eligible for benefits on a case by case  
            basis after an USDVA investigation; the circumstances  
            surrounding those discharges may leave the door open for the  
            USDVA to make its own character of discharge determination.  
            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 furnished by the  
            claimant or obtained from third parties. On a case-by-case  
            basis, USDVA determines whether the incidents that led to the  
            discharge may be found to have been "under conditions other  
            than dishonorable," and thus whether basic eligibility for  
            USDVA benefits can be established. 



          4)Recent amendments. The author amended the bill on June 29,  
            2016 to allow counties to process corrections beyond four  
            years, consistent with recent legislation. SB 1113 (Knight),  
            Chapter 656, Statutes of 2014, expanded from four years to  
            eight the time period in which disabled veterans otherwise  








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            eligible to receive the exemption could be refunded property  
            taxes previously paid. However, SB 1113 lacked provisions to  
            allow counties to use their existing correction process as the  
            administrative mechanism to provide these additional refunds.  
            The most recent amendments give counties the authority to use  
            their existing correction procedures to provide disabled  
            veterans' exemption refunds for additional prior tax years as  
            authorized by 2014's SB 1113, and supporters of the bill argue  
            these technical amendments will make implementing the Disabled  
            Veteran's Exemption less complex.



          Analysis Prepared by:Luke Reidenbach / APPR. / (916)  
          319-2081