Struck = only in HB 2672 ·
added = only in AB 162.
HouseBill EngrossedText property- tax;AB-162 Property taxation:
exemption;exemption:
veterans;veterans.
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(TEXT07/19/93 OF BILL BEGINS ON NEXT PAGE) - iChaptered -AB-162 H.B.Property taxation:
2672exemption: Be it enacted by the Legislature of the State of Arizona:
Sectionveterans.(1993-1994) 1.Text >> Votes >> History >> Bill Analysis >> Today's Law As Amended >> Compare Versions >> Status >> Comments To Author >> Add To My Favorites >> SHARE THIS:
SectionAB162:v95#DOCUMENTBill 42-11111,Start ArizonaAssembly RevisedBill Statutes,No. is amended to read:
42-11111.162 CHAPTER 140An act to amend Section 205.5 of the Revenue and Taxation Code, relating to taxation.
Exemption[ forFiled property;with Secretary of State July 19, 1993.
widowsApproved andby widowers;Governor July 19, 1993.
persons] withLEGISLATIVE aCOUNSEL'S totalDIGESTAB and162, permanentBrulte. disability;
veteransProperty withtaxation: a disability;
definitionsexemption: A.
Theveterans. property of widows and widowers, of persons with total and permanent disabilities and of veterans with service or nonservice connected disabilities who are residents of this state is exempt from taxation as provided by article IX, section 2, Constitution of Arizona, and subject to the conditions and limits prescribed by this section.
B.Existing law with respect to property taxation implements the Legislature’s authorization under the California Constitution to exempt, in whole or in part, the home of a person or a person’s spouse, including an unmarried surviving spouse, if the person, because of injury incurred in military service, is blind in both eyes, has lost the use of 2 or more limbs, or is totally disabled.
PursuantExisting tolaw articleestablishes, IX,through sectionthe 2,1995–96 subsectionfiscal F,year, Constitutionexemptions in the amount of Arizona,$40,000 and $100,000 of the exemptionsfull fromvalue taxationof underan thiseligible sectionperson’s areresidence, allowedor in the amount of AS$60,000 PROVIDEDand IN$150,000 SUBSECTIONSwhere C,the Deligible ANDperson’s Ehousehold OFincome THISdoes SECTION.not exceed the amounts specified in a certain statute.
C.Commencing with the 1996–97 fiscal year, existing law limits all exemption amounts to the $40,000 and $60,000 amounts of full value specified above.
THEA PROPERTYconstitutional OFamendment Aapproved VETERANby WITHthe Avoters SERVICEat CONNECTEDthe DISABILITYNovember WHOSE3, DISABILITY1992, RATINGgeneral BYelection THEadditionally UNITEDauthorizes STATESthe DEPARTMENTLegislature OFto VETERANSexempt AFFAIRSfrom ISproperty ONEtaxation, HUNDREDin PERCENTwhole ISor FULLYin EXEMPTpart, FROMthe TAXATION.home of a person or that person’s spouse, including an unmarried surviving spouse, where that person has, as a result of a service-connected disease or injury, died while on active duty in military service.
AThis SURVIVINGbill SPOUSEwould OFexpand Aexisting VETERANexemption WHOSEstatutes PROPERTYto ISimplement ELIGIBLEthe FORLegislature’s THEadditional EXEMPTIONexemption UNDERauthority THISdescribed SUBSECTIONabove. MAY CONTINUE TO CLAIM THE FULL EXEMPTION AS LONG AS THE SURVIVING SPOUSE USES THE PROPERTY AS THE SURVIVING SPOUSE'S PRIMARY RESIDENCE AND THE SURVIVING SPOUSE DOES NOT REMARRY.
D.It would establish, for the 1994–95 and 1995–96 fiscal years, an exemption in the amount of $100,000 of the full value of an eligible person’s residence, or in the amount of $150,000 of the full value of an eligible person’s residence where the eligible person’s household income does not exceed amounts specified in a certain statute.
THECommencing PROPERTYwith OFthe A1996–97 VETERANfiscal WITHyear, Ait NONSERVICEwould CONNECTEDlimit DISABILITYthe WHOSEforegoing DISABILITYamounts RATINGto BY$40,000 THEand UNITED$60,000 STATESof DEPARTMENTfull OFvalue. VETERANS AFFAIRS IS ONE HUNDRED PERCENT OR LESS OR WITH A SERVICE CONNECTED DISABILITY WHOSE DISABILITY RATING BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS IS LESS THAN ONE HUNDRED PERCENT IS EXEMPT IN THE AMOUNT OF $4,188.
THESection LIMIT2229 UNDERof THISthe SUBSECTIONRevenue ISand FURTHERTaxation LIMITEDCode BYprovides MULTIPLYINGthat THEno TOTALnew EXEMPTIONclassification AMOUNTor BYexemption THEof PERCENTAGEproperty OFfor THEpurposes VETERAN'Sof DISABILITY,ad ASvalorem RATEDproperty BYtaxation THEshall UNITEDextend STATESmore DEPARTMENTthan OF5 VETERANSyears AFFAIRS.or shall exempt more than 75% of the value thereof.
E.The section requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of the exemption.
THEThis PROPERTYbill OFwould Aprovide WIDOWthat ORthe WIDOWERrequirements ORof ASection PERSON2229 WITHof Athe TOTALRevenue ANDand PERMANENTTaxation DISABILITYCode ISdo EXEMPTnot INapply THEto AMOUNTthe OF:property tax exemption provided by the bill, and that no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to this bill.
1.Digest KeyBill TextThe people of the State of California do enact as follows:SECTION 1. Section 205.5 of the Revenue and Taxation Code, as amended by Section 1 of Chapter 1077 of the Statutes of 1989, is amended to read:
$4,188205.5. (a) Property that is owned by, and that constitutes the principal place of residence of, a veteran is exempted from taxation on that part of the full value of the residence that does not exceed forty thousand dollars ($40,000), if the person'sveteran totalis assessmentblind in both eyes or has lost the use of two or more limbs as a result of injury or disease incurred in military service or that does not exceed $28,459.one hundred thousand dollars ($100,000), if the veteran is totally disabled as a result of injury or disease incurred in military service.
ForThe aforty veteranthousand withdollar a($40,000) serviceexemption orshall nonservicebe connectedsixty disability,thousand dollars ($60,000), and the $4,188one limithundred underthousand thisdollar paragraph($100,000) isexemption furthershall limitedbe byone multiplyinghundred thefifty totalthousand exemptiondollars amount($150,000), byin the percentagecase of thean veteran'seligible disability,veteran whose household income as rateddefined byin theSection United20504 Statesdoes departmentnot ofexceed veteransthe affairs.amounts specified in Section 20585.
2.(b) For purposes of this section, “veteran” means either of the following:
No(1) exemption A ifveteran as specified in subdivision (o) of Section 3 of Article XIII of the person'sConstitution totalwithout assessmentregard exceedsto $28,459.any limitation contained therein on the value of property owned by the veteran or the veteran’s spouse.
C.(2) Any person who would qualify as a veteran pursuant to paragraph (1) except that he or she has, as a result of a service-connected injury or disease died while on active duty in military service.
F.The Veterans Administration shall determine whether an injury or disease is service connected.
On(c) or (1) before Property Decemberthat 31is ofowned eachby, year,and that constitutes the departmentprincipal shallplace increaseof residence of, the followingunmarried amountssurviving basedspouse of a veteran is exempt from taxation on that part of the averagefull annualvalue percentageof increase,the ifresidence any,that does not exceed forty thousand dollars ($40,000), in the GDPcase priceof deflatora veteran who was blind in both eyes or had lost the use of two mostor recentmore completelimbs, stateor fiscalone years:hundred thousand dollars ($100,000), in the case of a veteran who was totally disabled;
1.provided, that the deceased veteran during his or her lifetime qualified in all respects for the exemption or would have qualified for the exemption under the laws effective on January 1, 1977, except that the veteran died prior to January 1, 1977;
Theor totalprovided allowablethat exemptionthe amountveteran UNDERdied SUBSECTIONSfrom Da ANDdisease Ewhich OFwas THISservice SECTIONconnected andas thedetermined totalby assessmentthe limitVeterans amountAdministration. under subsection B E of this section.
-The 1forty -thousand H.B.dollar ($40,000) exemption shall be sixty thousand dollars ($60,000), and the one hundred thousand dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), in the case of an eligible unmarried surviving spouse whose household income as specified in Section 20504 does not exceed the amounts specified in Section 20585.
2672(2) 2. Commencing with the 1994–95 fiscal year, property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a veteran as described in paragraph (2) of subdivision (b) is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000).
The totalone incomehundred limitthousand amountsdollar under($100,000) subsectionexemption Eshall H,be paragraphsone 1hundred andfifty 2thousand dollars ($150,000), in the case of thisan section.eligible unmarried surviving spouse whose household income as specified in Section 20504 does not exceed the amounts specified in Section 20585.
D.(d) As used in this section, “property that is owned by a veteran” or “property that is owned by the veteran’s unmarried surviving spouse” includes all of the following:
G.(1) Property owned by the veteran with the veteran’s spouse as a joint tenancy, tenancy in common or as community property.
For(2) the Property purposeowned ofby determining the amountveteran ofor the allowableveteran’s exemptionspouse pursuantas toseparate subsectionproperty. B D of this section, the person's total assessment shall not include the value of any vehicle that is taxed under title 28, chapter 16, article 3.
E.(3) Property owned with one or more other persons to the extent of the interest owned by the veteran, the veteran’s spouse, or both the veteran and the veteran’s spouse.
H.(4) Property owned by the veteran’s unmarried surviving spouse with one or more other persons to the extent of the interest owned by the veteran’s unmarried surviving spouse.
Pursuant(5) to So articlemuch IX,of sectionthe 2,property subsectionof F,a Constitutioncorporation ofas Arizona,constitutes tothe qualifyprincipal forplace thisof exemption,residence theof totala incomeveteran fromor alla sourcesveteran’s ofunmarried surviving spouse when the claimantveteran, andor the claimant'sveteran’s spousespouse, andor the incomeveteran’s fromunmarried allsurviving sourcesspouse ofis alla shareholder of the claimant'scorporation childrenand who resided with the claimantrights inof theshareholding claimant'sentitle residenceone into the yearpossession immediatelyof precedingproperty, thelegal yeartitle forto which theis claimantowned appliesby for the exemptioncorporation. shall not exceed:
1.The exemption provided by this paragraph shall be shown on the local roll and shall reduce the full value of the corporate property.
$34,901Notwithstanding ifany noneprovision of thelaw claimant'sor childrenarticles underof eighteenincorporation yearsor bylaws of agea residedcorporation withdescribed in this paragraph, any reduction of property taxes paid by the claimantcorporation shall reflect an equal reduction in any charges by the claimant'scorporation residence.to the person who, by reason of qualifying for the exemption, made possible the reduction for the corporation.
2.(e) For purposes of this section, being blind in both eyes means having a visual acuity of 5/200 or less;
$41,870losing ifthe oneuse orof morea oflimb means that the claimant'slimb childrenhas residingbeen withamputated theor claimantits inuse thehas claimant'sbeen residencelost either:by reason of ankylosis, progressive muscular dystrophies, or paralysis;
(a)and Werebeing undertotally eighteendisabled yearsmeans that the United States Veterans Administration or the military service from which the veteran was discharged has rated the disability at 100 percent or has rated the disability compensation at 100 percent by reason of age.being unable to secure or follow a substantially gainful occupation.
(b)(f) Had An exemption granted to a totalclaimant andin permanentaccordance physicalwith orthe mentalprovisions disability,of asthis certifiedsection byshall competentbe medicalin authoritylieu asof the veteran’s exemption provided by law.subdivisions (o), (p), (q), and (r) of Section 3 of Article XIII of the Constitution and any other real property tax exemption to which the claimant may be entitled.
F.No other real property tax exemption may be granted to any other person with respect to the same residence for which an exemption has been granted under the provisions of this section;
I.provided, that if two or more veterans qualified pursuant to this section co-own a property in which they reside, each is entitled to the exemption to the extent of his or her interest.
For(g) the This purposessection ofshall subsectionremain Ein Heffect ofuntil thisJanuary section,1, "income1996, fromand allon sources"that meansdate theis sumrepealed, ofunless thea following,later excludingenacted thestatute, itemswhich listedis inchaptered subsectionon Gor Jbefore ofthat thisdate, section:deletes or extends that date.
1.SEC.
Adjusted2. Section gross205.5 incomeof the Revenue and Taxation Code, as definedamended by Section 2 of Chapter 1077 of the department.Statutes of 1989, is amended to read:
2.205.5. (a) Property that is owned by, and that constitutes the principal place of residence of, a veteran is exempted from taxation on that part of the full value of the residence that does not exceed forty thousand dollars ($40,000), if the veteran is blind in both eyes, has lost the use of two or more limbs, or is totally disabled as a result of injury or disease incurred in military service.
The amountexemption shall be sixty thousand dollars ($60,000) in the case of capitalan gainseligible excludedveteran fromwhose adjustedhousehold grossincome income.as defined in Section 20504 does not exceed the amounts specified in Section 20585.
3.(b) For purposes of this section, “veteran” means either of the following:
Nontaxable(1) strike A benefits.veteran as specified in subdivision (o) of Section 3 of Article XIII of the Constitution without regard to any residency requirement or limitation contained therein on the value of property owned by the veteran or the veteran’s spouse.
4.(2) Any person who would qualify as a veteran pursuant to paragraph (1) except that he or she has, as a result of a service-connected injury or a disease that is service related as determined by the Veterans Administration, died while on active duty in military service.
Nontaxable(c) interest (1) Property that is receivedowned fromby, and that constitutes the federalprincipal governmentplace orof anyresidence of, the unmarried surviving spouse of itsa instrumentalities.veteran is exempt from taxation on that part of the full value of the residence that does not exceed forty thousand dollars ($40,000);
5.provided, that the deceased veteran during his or her lifetime qualified in all respects for the exemption or would have qualified for the exemption under the laws effective on January 1, 1977, except that the veteran died prior to January 1, 1977;
Paymentsor provided that arethe receivedveteran died from a retirementdisease programwhich andwas paidservice by:connected as determined by the Veterans Administration.
(a)The Thisexemption stateshall orbe anysixty thousand dollars ($60,000) in the case of itsan politicaleligible subdivisions.unmarried surviving spouse whose household income as specified in Section 20504 does not exceed the amounts specified in Section 20585.
(b)(2) The Property Unitedthat Statesis throughowned anyby, and that constitutes the principal place of itsresidence agencies,of, instrumentalitiesthe orunmarried programs,surviving exceptspouse of a veteran as provideddescribed in subsectionparagraph G(2) Jof subdivision (b) is exempt from taxation on that part of thisthe section.full value of the residence that does not exceed forty thousand dollars ($40,000).
6.The forty thousand dollar ($40,000) exemption shall be sixty thousand dollars ($60,000), in the case of an eligible unmarried surviving spouse whose household income as specified in Section 20504 does not exceed the amounts specified in Section 20585.
The(d) gross As amountused ofin anythis pensionsection, “property that is owned by a veteran” or annuity“property that is notowned otherwiseby exempted.the veteran’s unmarried surviving spouse” includes all of the following:
G.(1) Property owned by the veteran with the veteran’s spouse as a joint tenancy, tenancy in common or as community property.
J.(2) Property owned by the veteran or the veteran’s spouse as separate property.
Notwithstanding(3) subsection Property Fowned Iwith one or more other persons to the extent of thisthe section,interest incomeowned fromby allthe sourcesveteran, doesthe notveteran’s includespouse, moniesor receivedboth from:the veteran and the veteran’s spouse.
1.(4) Property owned by the veteran’s unmarried surviving spouse with one or more other persons to the extent of the interest owned by the veteran’s unmarried surviving spouse.
Cash(5) public So assistancemuch of the property of a corporation as constitutes the principal place of residence of a veteran or a veteran’s unmarried surviving spouse when the veteran, or the veteran’s spouse, or the veteran’s unmarried surviving spouse is a shareholder of the corporation and relief.the rights of shareholding entitle one to the possession of property, legal title to which is owned by the corporation.
2.The exemption provided by this paragraph shall be shown on the local roll and shall reduce the full value of the corporate property.
RailroadNotwithstanding retirementany benefits.provision of law or articles of incorporation or bylaws of a corporation described in this paragraph, any reduction of property taxes paid by the corporation shall reflect an equal reduction in any charges by the corporation to the person who, by reason of qualifying for the exemption, made possible the reduction for the corporation.
3.(e) For purposes of this section, being blind in both eyes means having a visual acuity of 5/200 or less;
Paymentslosing underthe use of a limb means that the federallimb socialhas securitybeen actamputated (49or Stat.its use has been lost by reason of ankylosis, progressive muscular dystrophies, or paralysis;
620).and being totally disabled means that the United States Veterans Administration or the military service from which the veteran was discharged has rated the disability at 100 percent or has rated the disability compensation at 100 percent by reason of being unable to secure or follow a substantially gainful occupation.
4.(f) An exemption granted to a claimant in accordance with the provisions of this section shall be in lieu of the veteran’s exemption provided by subdivisions (o), (p), (q), and (r) of Section 3 of Article XIII of the Constitution and any other real property tax exemption to which the claimant may be entitled.
PaymentsNo underother real property tax exemption may be granted to any other person with respect to the unemploymentsame insuranceresidence lawsfor which an exemption has been granted under the provisions of this state.section;
5.provided, that if two or more veterans qualified pursuant to this section co-own a property in which they reside, each is entitled to the exemption to the extent of his or her interest.
Payments(g) from This ANYsection veteransshall disabilitybecome pensions.operative on January 1, 1996.
6.SEC.
Workers'3. Notwithstanding compensationSection payments.2229 of the Revenue and Taxation Code, the requirements of that section relating to any exemption of property for more than five years or for more than 75 percent of the value thereof, shall not apply to any exemption made by this act.
-In 2addition, -no H.B.appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.
2672 7.
Loss of time insurance.
8.
Gifts from nongovernmental sources, surplus foods or other relief in kind supplied by a governmental agency.
H.
K.
A widow or widower, a person with a total and permanent disability or a veteran with a disability shall establish eligibility for exemption under this section by filing an affidavit with the county assessor under section 42-11152 when initially claiming the exemption.
Each year thereafter, the person or the person's representative shall annually calculate income from the preceding year to ensure that the person still qualifies for the exemption and notify the county assessor in writing of any event that disqualifies the person from further exemption.
Regardless of whether the person or representative notifies the assessor as required by this subsection, the property is subject to tax as provided by law from the date of disqualification, including interest, penalties and proceedings for tax delinquencies.
Disqualifying events include:
1.
EXCEPT AS PROVIDED IN SUBSECTION C OF THIS SECTION, the person's death.
2.
The remarriage of a widow or widower.
3.
The person's income from all sources exceeding the limits prescribed by subsection E H of this section.
4.
The conveyance of title to the property to another owner.
I.
L.
Any dollar amount of exemption that is unused in a tax year against the limited property value of property and improvements owned by the individual may be applied for the tax year against the value of personal property subject to special property taxes, including the taxes collected pursuant to title 5, chapter 3, article 3 and title 28, chapter 16, article 3.
J.
M.
An individual is not entitled to property tax exemptions under more than one category as a widow or widower, a person with a total and permanent disability or a veteran with a disability even if the individual is eligible for an exemption in more than one category.
K.
O.
For the purposes of this section:
1.
"Competent medical authority" means any of the following:
(a) An individual licensed under title 32, chapter 8, 13, 14, 17, 19.1, 25 or 29 or a comparable law of another state.
(b) A registered nurse practitioner as defined in section 32-1601.
(c) The United States department of veterans affairs, as evidenced by a disability award letter.
2.
"GDP price deflator" means the average of the four implicit price deflators for the gross domestic product reported by the United States department of commerce or its successor for the four quarters of the state fiscal year.
- 3 - H.B.
2672 3.
"Person with a total and permanent disability" means a person who is unable to engage in any substantial gainful activity, for pay or profit, by reason of any physical or mental impairment that is expected to last for a continuous period of at least twelve months or result in death within twelve months as certified by a competent medical authority.
4.
"Veteran" means an individual who has served in, and been discharged, separated or released under honorable conditions from, active or inactive service in the uniformed services of the United States, including:
(a) All regular, reserve and national guard components of the United States army, navy, air force, marine corps and coast guard.
(b) The commissioned corps of the national oceanic and atmospheric administration.
(c) The commissioned corps of the United States public health service.
(d) A nurse in the service of the American red cross or in the army and navy nurse corps.
(e) Any other civilian service that is authorized by federal law to be considered active military duty for the purpose of laws administered by the United States secretary of veterans affairs.
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