BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 1458
          Author:   Bates (R), et al.
          Amended:  6/29/16  
          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

           SENATE FLOOR:  39-0, 5/31/16
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,  
            Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,  
            Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone,  
            Vidak, Wieckowski, Wolk
           NO VOTE RECORDED:  Runner

           ASSEMBLY FLOOR:  79-0, 8/18/16 - See last page for vote

           SUBJECT:   Property taxation:  exemptions:  disabled veterans


          SOURCE:    George Runner, Member, State Board of Equalization


          DIGEST:  This bill expands eligibility for the Disabled  
          Veteran's Property Tax Exemption (Disabled Veteran's Exemption)  








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          to include a person who has been discharged under the "other  
          than dishonorable conditions" - but who is otherwise eligible  
          for federal veterans' health and medical benefits, as determined  
          by the United States Department of Veterans Affairs (USDVA).   
          This bill also contains technical provisions that allow county  
          assessors to process assessment roll corrections beyond four  
          years related to the Disabled Veteran's Exemption.


          Assembly Amendments allow counties to process assessment roll  
          corrections beyond four years, consistent with recent  
          legislation.


          ANALYSIS:   


          Existing law:


          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.









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          3)Allows the correction of certain errors resulting in incorrect  
            entries on the property tax roll within four years after the  
            making of the assessment.

          4)Requires property taxes to be refunded upon the filing of a  
            claim within eight years after making the payment sought to be  
            refunded if the claim relates to the disabled veterans'  
            exemption.

          5)Authorizes any taxes paid before or after delinquency to be  
            refunded by the county tax collector within four years after  
            the date of payment under specified conditions.
           
           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 USDVA to be eligible for federal  
               veterans' health and medical benefits.

          1)Provides that no appropriation is made and the state shall not  
            reimburse local agencies for property tax revenues lost by  
            them pursuant to the bill.

          2)Extends the time for correcting errors to the roll related to  
            the disabled veterans' exemption to eight years.

          3)Requires a refund on a claim filed within eight years after  
            making the payment sought to be refunded, or within 60 days of  
            the date of a specified notice, whichever is later.

          4)Authorizes any taxes paid before or after delinquency to be  
            refunded by the county tax collector within eight years after  
            the date of payment if the amount paid exceeds the amount due  
            on the property as a result of corrections to the roll that  
            relate to the disabled veterans' exemption.









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          Background
          
          Disabled Veterans Property Tax Exemption. California provides  
          qualified disabled veterans and their unmarried surviving  
          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 also 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), for 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.

          Discharge Requirements for Veterans Benefits. The military  
          separates its personnel from active service by formally  
          discharging them. Discharges may be either administrative or  
          punitive. Each of five different discharge statuses is  
          determined by the characterization of an individual's service.  
          The character of service slides downward in merit along the  
          following scale:








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          1)Honorable Discharge
          2)General Discharge (under honorable conditions)
          3)Other than Honorable (OTH) Discharge
          4)Bad Conduct Discharge
          5)Dishonorable Discharge

          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 USDVA 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, USDVA 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 USDVA  
          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."

          Comments








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          This bill affects the small number of former military personnel  
          who meet all of the following criteria:

          1)Rated by the USDVA as 100% service-connected disabled.
          2)Received either an OTH or Bad Conduct discharge.
          3)Appealed to the USDVA and had their character of service  
            reassessed and determined to be "other than dishonorable."

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


          According to the Assembly Appropriations Committee:


           Minor and absorbable administrative costs to the BOE.


           Modest General Fund (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.   


          SUPPORT:   (Verified8/19/16)


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








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          OPPOSITION:   (Verified8/19/16)


          None received




          ASSEMBLY FLOOR:  79-0, 8/18/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  
            Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine,  
            Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty,  
            Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell,  
            Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas,  
            Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,  
            Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Roger Hernández


          Prepared by:Wade Cooper Teasdale / V.A. / (916) 651-1503
          8/19/16 19:37:21


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