BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1458| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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) SB 1458 Page 2 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. SB 1458 Page 3 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. SB 1458 Page 4 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: SB 1458 Page 5 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 SB 1458 Page 6 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 SB 1458 Page 7 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 **** END ****