Arizona 2022 2022 Regular Session

Arizona House Bill HCR2027 Comm Sub / Analysis

Filed 02/18/2022

                      	HCR 2027 
Initials FK/NM 	Page 1 	Caucus & COW 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-fifth Legislature 
Second Regular Session 
House: MAPS DP 14-0-0-0-1 
 
HCR 2027: property tax; exemption; disability; veterans 
Sponsor: Representative Payne, LD 21 
Caucus & COW  
Overview 
Subject to voter approval, amends the Constitution of Arizona to grant disabled veterans an 
exemption from property taxes on their primary residential homestead.  
History 
Article IX of the Arizona State Constitution provides that all property taxes must be uniform upon 
the same class of property and that no property is exempt from property tax unless specified in 
the Constitution.  
The Constitution currently grants a limited property tax exemption for any Arizona veteran and 
provides an additional exemption for a disabled veteran. However, in Benjamin v. Arizona 
Department of Revenue, (163 Ariz. 182 (1989)), the Arizona Court of Appeals held that the 
veteran’s property tax exemption was unconstitutional because it imposed an Arizona residency 
requirement that violated the 14th Amendment to the U.S. Constitution; further, the court 
concluded that the residency requirement for veterans was integral in purpose to the provision 
and thus could not be severed. Thereafter, the exemption for military veterans was deemed 
unenforceable and of no effect.  
Provisions 
1. Exempts the primary residential homestead owned by a veteran from taxation if that veteran 
has a 100% disability rating from the U.S. Department of Veterans Affairs. (Sec. 2)  
2. Specifies that the disability must be service-connected. (Sec. 2)  
3. States that property conveyed to a veteran for the purpose of evading taxation is not exempt. 
(Sec. 2)  
4. Asserts that the property tax exemption granted to disabled veterans is not subject to any 
income limits. (Sec. 2)  
5. Repeals current statute exempting qualifyed veterans from specified amounts of property 
taxes. (Sec. 1)  
6. Defines veteran. (Sec. 2) 
7. Applies the property tax exemption beginning in tax year 2023. (Sec. 3)  
8. Requires the Secretary of State to submit the proposition to the voters at the next election. 
(Sec. 4)  
9. Becomes effective if approved by the voters and on proclamation of the Governor. (Sec. 1, 2)  
10. Makes technical and conforming changes. (Sec. 1)  
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note