Comparing HB 2406 → AB 162 — Property taxation: exemption: veterans.

Struck = only in HB 2406 · added = only in AB 162.

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Bill Text - AB-162 Property taxation:
exemption;
exemption:
combat veterans State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session HOUSE BILL 2406 AN ACT AMENDING SECTIONS 42-11111 AND 42-17151, ARIZONA REVISED STATUTES;
veterans.
RELATING TO PROPERTY TAX.
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2406 Be it enacted by the Legislature of the State of Arizona:
07/19/93 - Chaptered AB-162 Property taxation:
Section 1.
exemption:
Section 42-11111, Arizona Revised Statutes, is amended to read:
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42-11111.
AB162:v95#DOCUMENTBill Start Assembly Bill No.
Exemption for property;
162 CHAPTER 140An act to amend Section 205.5 of the Revenue and Taxation Code, relating to taxation.
widows and widowers;
[ Filed with Secretary of State  July 19, 1993.
persons with a total and permanent disability;
Approved by Governor  July 19, 1993.
veterans with a disability;
] LEGISLATIVE COUNSEL'S DIGESTAB 162, Brulte.
definitions A.
Property taxation:
The 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.
exemption:
B.
veterans.
Pursuant to article IX, section 2, subsection F, Constitution of Arizona, the exemptions from taxation under this section are allowed in the amount of AS PROVIDED IN SUBSECTIONS C AND D OF THIS SECTION.
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.
C.
Existing law establishes, through the 1995–96 fiscal year, exemptions in the amount of $40,000 and $100,000 of the full value of an eligible person’s residence, or in the amount of $60,000 and $150,000 where the eligible person’s household income does not exceed the amounts specified in a certain statute.
THE PROPERTY OF A COMBAT VETERAN WITH A SERVICE CONNECTED DISABILITY THAT IS COMBAT RELATED AND THAT IS RATED AS ONE HUNDRED PERCENT BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS IS FULLY EXEMPT FROM TAXATION.
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.
D.
A constitutional amendment approved by the voters at the November 3, 1992, general election additionally authorizes the Legislature to exempt from property taxation, in whole or in part, the 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.
THE PROPERTY OF A WIDOW OR WIDOWER, A PERSON WITH A TOTAL AND PERMANENT DISABILITY AND A VETERAN WITH A SERVICE OR NONSERVICE CONNECTED DISABILITY WHO DOES NOT QUALIFY FOR A FULL EXEMPTION UNDER SUBSECTION C OF THIS SECTION IS EXEMPT IN THE AMOUNT OF:
This bill would expand existing exemption statutes to implement the Legislature’s additional exemption authority described above.
1.
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.
$4,188 if the person's total assessment does not exceed $28,459.
Commencing with the 1996–97 fiscal year, it would limit the foregoing amounts to $40,000 and $60,000 of full value.
For a veteran with a service or nonservice connected disability WHO DOES NOT QUALIFY FOR A FULL EXEMPTION UNDER SUBSECTION C OF THIS SECTION, the $4,188 limit under this paragraph is further limited by multiplying the total exemption amount by the percentage of the veteran's disability, as rated by the United States department of veterans affairs.
Section 2229 of the Revenue and Taxation Code provides that no new classification or exemption of property for purposes of ad valorem property taxation shall extend more than 5 years or shall exempt more than 75% of the value thereof.
2.
The section requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of the exemption.
No exemption if the person's total assessment exceeds $28,459.
This bill would provide that the requirements of Section 2229 of the Revenue and Taxation Code do not apply to the 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.
C.
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:
E.
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 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 one hundred thousand dollars ($100,000), if the veteran is totally disabled as a result of injury or disease incurred in military service.
On or before December 31 of each year, the department shall increase the following amounts based on the average annual percentage increase, if any, in the GDP price deflator in the two most recent complete state fiscal years:
The forty thousand 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 veteran whose household income as defined in Section 20504 does not exceed the amounts specified in Section 20585.
1.
(b)  For purposes of this section, “veteran” means either of the following:
The total allowable exemption amount and the total assessment limit amount under subsection B D of this section.
(1)  A veteran as specified in subdivision (o) of Section 3 of Article XIII of the Constitution without regard to any limitation contained therein on the value of property owned by the veteran or the veteran’s spouse.
2.
(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.
The total income limit amounts under subsection E G, paragraphs 1 and 2 of this section.
The Veterans Administration shall determine whether an injury or disease is service connected.
D.
(c)  (1)  Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a veteran is exempt from taxation on that part of the full value of the residence that does not exceed forty thousand dollars ($40,000), in the case of a veteran who was blind in both eyes or had lost the use of two or more limbs, or one hundred thousand dollars ($100,000), in the case of a veteran who was totally disabled;
F.
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;
For the purpose of determining the amount of the allowable exemption pursuant to subsection 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.
or provided that the veteran died from a disease which was service connected as determined by the Veterans Administration.
E.
The forty thousand 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.
G.
(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).
Pursuant to article IX, section 2, subsection F, Constitution of Arizona, to qualify for this THE exemption UNDER SUBSECTION D OF THIS SECTION, the total income from all sources of the claimant and the claimant's spouse and the income from all sources of all - 1 - H.B.
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.
2406 of the claimant's children who resided with the claimant in the claimant's residence in the year immediately preceding the year for which the claimant applies for the exemption shall not exceed:
(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:
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1.
(1)  Property owned by the veteran with the veteran’s spouse as a joint tenancy, tenancy in common or as community property.
$34,901 if none of the claimant's children under eighteen years of age resided with the claimant in the claimant's residence.
(2)  Property owned by the veteran or the veteran’s spouse as separate property.
2.
(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.
$41,870 if one or more of the claimant's children residing with the claimant in the claimant's residence either:
(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.
(a) Were under eighteen years of age.
(5)  So much 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 the rights of shareholding entitle one to the possession of property, legal title to which is owned by the corporation.
(b) Had a total and permanent physical or mental disability, as certified by competent medical authority as provided by law.
The exemption provided by this paragraph shall be shown on the local roll and shall reduce the full value of the corporate property.
F.
Notwithstanding any 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.
H.
(e)  For purposes of this section, being blind in both eyes means having a visual acuity of 5/200 or less;
For the purposes of subsection E G of this section, "income from all sources" means the sum of the following, excluding the items listed in subsection G I of this section:
losing the use of a limb means that the limb has been amputated or its use has been lost by reason of ankylosis, progressive muscular dystrophies, or paralysis;
1.
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.
Adjusted gross income as defined by the department.
(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.
2.
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;
The amount of capital gains excluded from adjusted gross income.
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.
3.
(g)  This section shall remain in effect until January 1, 1996, and on that date is repealed, unless a later enacted statute, which is chaptered on or before that date, deletes or extends that date.
Nontaxable strike benefits.
SEC.
4.
2. Section 205.5 of the Revenue and Taxation Code, as amended by Section 2 of Chapter 1077 of the Statutes of 1989, is amended to read:
Nontaxable interest that is received from the federal government or any of its instrumentalities.
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.
5.
The exemption shall be sixty thousand dollars ($60,000) in the case of an eligible veteran whose household income as defined in Section 20504 does not exceed the amounts specified in Section 20585.
Payments that are received from a retirement program and paid by:
(b)  For purposes of this section, “veteran” means either of the following:
(a) This state or any of its political subdivisions.
(1)  A 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.
(b) The United States through any of its agencies, instrumentalities or programs, except as provided in subsection G I of this section.
(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.
6.
(c)  (1)  Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a veteran is exempt from taxation on that part of the full value of the residence that does not exceed forty thousand dollars ($40,000);
The gross amount of any pension or annuity that is not otherwise exempted.
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;
G.
or provided that the veteran died from a disease which was service connected as determined by the Veterans Administration.
I.
The 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.
Notwithstanding subsection F H of this section, income from all sources does not include monies received from:
(2)  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 forty thousand dollars ($40,000).
1.
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.
Cash public assistance and relief.
(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:
2.
(1)  Property owned by the veteran with the veteran’s spouse as a joint tenancy, tenancy in common or as community property.
Railroad retirement benefits.
(2)  Property owned by the veteran or the veteran’s spouse as separate property.
3.
(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.
Payments under the federal social security act (49 Stat.
(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.
620).
(5)  So much 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 the rights of shareholding entitle one to the possession of property, legal title to which is owned by the corporation.
4.
The exemption provided by this paragraph shall be shown on the local roll and shall reduce the full value of the corporate property.
Payments under the unemployment insurance laws of this state.
Notwithstanding any 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.
5.
(e)  For purposes of this section, being blind in both eyes means having a visual acuity of 5/200 or less;
Payments from veterans disability pensions.
losing the use of a limb means that the limb has been amputated or its use has been lost by reason of ankylosis, progressive muscular dystrophies, or paralysis;
6.
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.
Workers' compensation payments.
(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.
7.
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;
Loss of time insurance.
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.
8.
(g)  This section shall become operative on January 1, 1996.
Gifts from nongovernmental sources, surplus foods or other relief in kind supplied by a governmental agency.
SEC.
H.
3. Notwithstanding Section 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.
J.
In addition, no 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.
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, IF NECESSARY, 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 - 2 - H.B.
2406 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.
The person's death.
2.
The remarriage of a widow or widower.
3.
IF THE PERSON IS CLAIMING THE EXEMPTION UNDER SUBSECTION D OF THIS SECTION, the person's income from all sources exceeding the limits prescribed by subsection E G of this section.
4.
The conveyance of title to the property to another owner.
I.
K.
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.
L.
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.
M.
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.
"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.
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2406 (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.
Sec.
2.
Section 42-17151, Arizona Revised Statutes, is amended to read:
42-17151.
County, municipal, community college and school tax levy A.
On or before the third Monday in August each year, the governing body of each county, city, town, community college district and school district shall:
1.
Fix, levy and assess the amount to be raised from primary property taxation and secondary property taxation.
This amount, plus all other sources of revenue, as estimated, and restricted and unrestricted unencumbered balances from the preceding fiscal year, shall equal the total of amounts proposed to be spent in the budget for the current fiscal year.
THE AMOUNT TO BE RAISED FROM PRIMARY PROPERTY TAXES MAY NOT INCLUDE THE AMOUNT TO OFFSET THE AGGREGATE AMOUNT OF EXEMPTIONS PROVIDED UNDER SECTION 42-11111, SUBSECTION C FOR THE TAX YEAR.
2.
Designate the amounts to be levied for each purpose appearing in the adopted budget.
3.
Fix and determine a primary property tax rate and a secondary property tax rate, each rounded to four decimal places on each $100 of taxable property shown by the finally equalized valuations of property, minus exemptions, that appear on the tax rolls for the fiscal year, as determined by the assessor on or before February 10 of the tax year pursuant to section 42-17052, and that when extended on those valuations will produce, in the aggregate, the entire amount to be raised by direct taxation for that year.
Amounts levied for debt service on bonds payable from the secondary tax are and shall be considered special revenues of the county, city, town or district, shall be kept in a special, segregated fund, are not and shall not be general property taxes and may not be used for any other purpose of the county, city, town or district.
B.
The governing body of a county, city, town or community college district shall not fix, levy or assess an amount of primary property taxes in excess of the amount permitted by section 42-17051, subsection A, paragraph 7 or section 42-17005 as determined by the property tax oversight commission.
C.
The governing board of a common school district, a high school district or a unified school district shall not fix, levy or assess a primary property tax rate higher than the current year's rate if the - 4 - H.B.
2406 district meets both of the following criteria, as determined by the property tax oversight commission:
1.
The total primary property taxes levied for all taxing jurisdictions on at least one-half of the residential property of the district exceed the limitation described in section 15-972, subsection E.
2.
The school district primary property tax rate exceeds one hundred fifty percent of the applicable qualifying tax rate pursuant to section 41-1276.
For the purposes of this paragraph, the school district primary property tax rate does not include the tax rates computed pursuant to section 15-992, subsections B and F.
D.
Not later than December 31, the property tax oversight commission shall notify those school districts that meet the criteria described in subsection C of this section and the county school superintendents and boards of supervisors of the counties in which the school districts are located.
E.
Within three days after the final levies are determined for a county, city, town or community college district, the chief county fiscal officer shall notify the property tax oversight commission of the amount of the primary property tax levied.
F.
Pursuant to section 15-465.01, subsection E, an accommodation school governing board shall not levy a primary or secondary property tax.
The property tax oversight commission shall consider any amount of property tax levied by a county in support of an accommodation school to be part of the county's primary levy for the purposes of determining the county's compliance with subsection B of this section.
Sec.
3.
Applicability This act applies to tax years beginning from and after December 31, 2025.
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