Property taxation: exemptions: disabled veterans.
Summary
Existing property tax law provides, pursuant to the authorization of the California Constitution, a disabled veteran's property tax exemption for the principal place of residence of a veteran or a veteran's spouse, including an unmarried surviving spouse, if the veteran, because of an injury incurred in military service, is blind in both eyes, has lost the use of 2 or more limbs, or is totally disabled, as those terms are defined, or if the veteran has, as a result of a service-connected injury or disease, died while on active duty in military service. That law defines a veteran for its purposes 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, for property tax lien dates for the 2017–18 fiscal year and each fiscal year thereafter, would expand that definition of veteran to include a person who has been discharged in other than dishonorable conditions from service under those same conditions and who has been determined by the United States Department of Veterans Affairs to be eligible for federal veterans' health and medical benefits. Existing property tax law allows the correction of certain errors resulting in incorrect entries on the property tax roll within 4 years after the making of the assessment. This bill would extend the time for correcting errors to the roll related to the disabled veterans' exemption to 8 years. Existing law requires property taxes to be refunded upon the filing of a claim within 8 years after making the payment sought to be refunded if the claim relates to the disabled veterans' exemption. This bill would instead require a refund on a claim filed within 8 years after making the payment sought to be refunded, or within 60 days of the date of a specified notice, whichever is later. Existing property tax law authorizes any taxes paid before or after delinquency to be refunded by the county tax collector within 4 years after the date of payment under specified conditions. This bill would authorize any taxes paid before or after delinquency to be refunded by the county tax collector within 8 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. By changing the manner in which local county officials administer property tax refunds with respect to the disabled veterans' exemption, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2016
Committee Review
Aug 2016
Senate Passage
May 2016
Assembly Passage
Aug 2016
Signed into Law
Sep 2016
Introduced Feb 19, 2016
Signed Sep 30, 2016
Floor votes · Senate May 31, 2016 · Assembly Aug 18, 2016
How they voted
34–0
Passed · 1 other
Total votes 35
May 31, 2016
D
Democratic24
100% Yea
R
Republican11
90% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
33
Key actions
7
Committee
12
Amendments
1
Sep 30, 2016
Signed into law
Approved by the Governor.
legislature
Aug 25, 2016
Upper · Passed
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5432.) Ordered to engrossing and enrolling.
upper
Aug 19, 2016
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 18, 2016
Assembly · Passed
Assembly Vote: pass (74-0-1)
assembly
Aug 3, 2016
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 20. Noes 0.) (August 3).
lower
Jun 29, 2016
Committee
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
lower
Jun 23, 2016
Committee
Read second time and amended. Re-referred to Com. on APPR.
lower
Jun 22, 2016
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (June 20).
lower
Jun 15, 2016
Committee
From committee: Do pass and re-refer to Com. on REV. & TAX. (Ayes 7. Noes 0.) (June 14). Re-referred to Com. on REV. & TAX.
lower
Jun 9, 2016
Committee
Referred to Coms. on V.A. and REV. & TAX.
lower
May 31, 2016
Senate · Passed
Senate Vote: pass (34-0-1)
senate
May 27, 2016
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0. Page 4011.) (May 27).
upper
Apr 27, 2016
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3699.) (April 27). Re-referred to Com. on APPR.
upper
Apr 13, 2016
Committee
From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 4. Noes 0. Page 3524.) (April 12). Re-referred to Com. on GOV. & F.
upper
Apr 6, 2016
Committee
From committee with author's amendments. Read second time and amended. Re-referred to Com. on V.A.
upper
Mar 10, 2016
Committee
Referred to Coms. on V.A. and GOV. & F.
upper
Feb 19, 2016
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 1 co-sponsor
Sponsors
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