BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |SB 2                             |Hearing    |4/15/15  |
          |          |                                 |Date:      |         |
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          |Author:   |Anderson                         |Tax Levy:  |Yes      |
          |----------+---------------------------------+-----------+---------|
          |Version:  |4/6/15                           |Fiscal:    |Yes      |
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          |Consultant|Grinnell                                              |
          |:         |                                                      |
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               PROPERTY TAXATION:  EXEMPTIONS:  VETERANS' ORGANIZATIONS



          Provides that assessors can't deny the welfare exemption on  
          property owned by veterans' organizations used for fraternal,  
          lodge, or social club purposes.


           Background and Existing Law

           Section One of Article XIII of the California Constitution  
          provides that all property is taxable unless explicitly exempted  
          by the Constitution or federal law, but allows the Legislature  
          to exempt property used for religious, hospital, or charitable  
          purposes, so long as its owned by nonprofit entities organized  
          and operated for charitable purposes, none of whose income  
          inures to the benefit of any private shareholder or individual.   
          The Legislature enacted this exemption in law, commonly known as  
          the "welfare exemption."  To be eligible, the Legislature  
          required the owner and property to meet the standards in the  
          Constitution, in addition to other requirements, such as:

                 The property is used for the actual operation of the  
               exempt activity, and does not exceed an amount of property  
               reasonably necessary to accomplish the exempt purpose,

                 The property is not used to benefit the owner or any  
               other person.








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                 The property is not used for fraternal, lodge, or social  
               club purposes, except to the extent that the use is clearly  
               incidental to its charitable purpose, and

                 The property is irrevocably dedicated to charitable  
               purposes, and will not inure to the benefit of a person  
               upon sale or dissolution, except in specified  
               circumstances.

          Property owned by a veterans' organization chartered by the  
          United States Congress is eligible for the welfare exemption, so  
          long as the organization complies with the requirements above,  
          is tax-exempt under federal and state law, and has a "veterans'  
          organization exemption" certificate of compliance on file with  
          the county assessor.  However, this exemption conflicts with the  
          welfare exemption's general prohibition on exempting property  
          used for fraternal, lodge, or social club purposes, because  
          buildings owned by Veterans of Foreign Wars (VFW) and the  
          American Legion often have many uses, some of which are social  
          in nature.  As a result, the application of the veterans'  
          organization exemption can vary across counties, where  
          independent, elected assessors enforce property tax law.  Some  
          assessors don't apply the exemption at all, others exempt just  
          the office and facilities that directly serve veterans, while  
          others don't assess the property at all.  Veterans' groups seek  
          clarity that property owned by VFW and American Legion that  
          serve veterans' unique need should be eligible for the welfare  
          exemption from property tax.


           


          Proposed Law

           Senate Bill 2 provides that the welfare exemption shall not be  
          denied to property owned by veterans' organizations that is used  
          for fraternal, lodge, or social club purposes.  However, the  
          exemption doesn't apply to any portion of a property where  
          alcoholic beverages are sold, as defined.  The measure also  
          states legislative findings and declarations.


           State Revenue Impact








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           According to BOE, SB 2 results in annual property tax revenue  
          losses of $575,000.


           Comments

           1.  Purpose of the bill  .  According to the author, "Veteran halls  
          in communities across our country are an invaluable resource for  
          millions of active military, veterans, and their families.  Due  
          to skyrocketing operation and business costs, the number of  
          veteran halls has declined and fewer military families are  
          receiving the much-needed services that they provide.  This bill  
          would ensure that as non-profit organizations, existing property  
          tax exemptions for veteran halls are preserved so that they can  
          continue to provide high quality and important services to the  
          heroes who have served our country."

          2.   Next best  .  The Constitution prohibits the Legislature from  
          enacting changes to the property tax that conflict with its  
          provisions.  SB 2 stretches the Constitutional welfare exemption  
          to apply to veterans' organizations by defining a veterans'  
          organization's lodge, fraternal, and social uses as central to  
          its Constitutionally required charitable purpose.  While the  
          Legislature has some discretion to interpret Constitutional  
          provisions, statutory changes to the property tax are always a  
          second best option.  The most effective and direct way to  
          clearly exclude property owned by veterans' organizations is to  
          amend the Constitution.

          3.   Precedent  .  While SB 2 would help veterans' organizations,  
          the measure creates a precedent by applying the exemption more  
          broadly to veterans' organizations' property than to other  
          groups.  Under the bill, a building owned and used by the Elks'  
          Club would be taxed differently than the same building owned and  
          used for the same purposes by the American Legion.  Given this  
          difference, nonprofit social clubs and lodges that perform  
          considerable community services may want similar treatment.  The  
          Committee may wish to consider the precedent SB 2 sets.  

          4.   Do it again  .  SB 2 is largely identical to SB 1152  
          (Anderson, 2014), which was approved by the Committee on  
          Governance and Finance by a vote of 6-0 last year.  However, SB  
          1152 was held on the Assembly Revenue and Taxation Committee's  








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          suspense file.



















































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          Support and  
          Opposition   (4/9/15)


           Support  :  The American Legion - Department of California; AMVETS  
          - Department of California; California Assessors Association;  
          California Association of County Veterans' Service Officers;  
          California Council of Chapters; California State Commanders  
          Veterans Council; Military Officers Association of America; San  
          Diego Military Advisory Council; VFW Department of California;  
          Vietnam Veterans of America - California State Council.  



           Opposition  :  Unknown].



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