| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1306Introduced by Senator DahleFebruary 18, 2022 An act to amend Section 890.3 of the Military and Veterans Code, relating to veterans. LEGISLATIVE COUNSEL'S DIGESTSB 1306, as introduced, Dahle. Veterans: benefits.Existing law makes a claimant for disabled veterans benefits not ineligible for a disabled veterans benefit for lack of certification of the disability of the veteran if there is a currently pending application to the United States Department of Veterans Affairs for certification of disability for that veteran and the subsequently received certification qualifies the veteran for the benefit.This bill would make a technical, nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 890.3 of the Military and Veterans Code is amended to read:890.3. (a) (1) Notwithstanding any other law, on or after January 1, 2001, a claimant is not ineligible for a disabled veterans benefit for lack of certification of disability of the veteran with respect to whom the benefit is sought, if there is a currently pending application to the United States Department of Veterans Affairs (USDVA) for certification of disability for that veteran and the subsequently received certification qualifies the veteran for the benefit. An entity of state government, or any political subdivision thereof, to which a claim for a disabled veterans benefit is made, shall require the claimant to provide written verification that an application had been pending with the USDVA at the time the claim for the disabled veterans benefit is submitted.(2) For purposes of this subdivision, disabled veterans benefit means an exemption, privilege, service, or other legal benefit that is provided pursuant to law by the state, or a political subdivision thereof, exclusively to a disabled veteran, or his or her their surviving spouse, parent, or child.(b) (1) For purposes of applying the disabled veterans property tax exemption set forth in Section 205.5 of the Revenue and Taxation Code, any amount of tax, including any interest or penalty thereon, levied upon that portion of the assessed value of real property that would have been exempt if the veterans pending application for certification of disability had been finalized, shall be canceled or refunded if both of the following conditions are met:(A) The certification is received and is forwarded to the county assessor.(B) A return is made as required by Section 277 of the Revenue and Taxation Code.(2) Any refund issued pursuant to this subdivision is subject to the limitations periods for refunds set forth in Section 5097 of the Revenue and Taxation Code. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1306Introduced by Senator DahleFebruary 18, 2022 An act to amend Section 890.3 of the Military and Veterans Code, relating to veterans. LEGISLATIVE COUNSEL'S DIGESTSB 1306, as introduced, Dahle. Veterans: benefits.Existing law makes a claimant for disabled veterans benefits not ineligible for a disabled veterans benefit for lack of certification of the disability of the veteran if there is a currently pending application to the United States Department of Veterans Affairs for certification of disability for that veteran and the subsequently received certification qualifies the veteran for the benefit.This bill would make a technical, nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 13 | 13 | | No. 1306 |
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| 15 | 15 | | Introduced by Senator DahleFebruary 18, 2022 |
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| 17 | 17 | | Introduced by Senator Dahle |
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| 18 | 18 | | February 18, 2022 |
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| 20 | 20 | | An act to amend Section 890.3 of the Military and Veterans Code, relating to veterans. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SB 1306, as introduced, Dahle. Veterans: benefits. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law makes a claimant for disabled veterans benefits not ineligible for a disabled veterans benefit for lack of certification of the disability of the veteran if there is a currently pending application to the United States Department of Veterans Affairs for certification of disability for that veteran and the subsequently received certification qualifies the veteran for the benefit.This bill would make a technical, nonsubstantive change to that provision. |
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| 30 | 30 | | Existing law makes a claimant for disabled veterans benefits not ineligible for a disabled veterans benefit for lack of certification of the disability of the veteran if there is a currently pending application to the United States Department of Veterans Affairs for certification of disability for that veteran and the subsequently received certification qualifies the veteran for the benefit. |
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| 32 | 32 | | This bill would make a technical, nonsubstantive change to that provision. |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 890.3 of the Military and Veterans Code is amended to read:890.3. (a) (1) Notwithstanding any other law, on or after January 1, 2001, a claimant is not ineligible for a disabled veterans benefit for lack of certification of disability of the veteran with respect to whom the benefit is sought, if there is a currently pending application to the United States Department of Veterans Affairs (USDVA) for certification of disability for that veteran and the subsequently received certification qualifies the veteran for the benefit. An entity of state government, or any political subdivision thereof, to which a claim for a disabled veterans benefit is made, shall require the claimant to provide written verification that an application had been pending with the USDVA at the time the claim for the disabled veterans benefit is submitted.(2) For purposes of this subdivision, disabled veterans benefit means an exemption, privilege, service, or other legal benefit that is provided pursuant to law by the state, or a political subdivision thereof, exclusively to a disabled veteran, or his or her their surviving spouse, parent, or child.(b) (1) For purposes of applying the disabled veterans property tax exemption set forth in Section 205.5 of the Revenue and Taxation Code, any amount of tax, including any interest or penalty thereon, levied upon that portion of the assessed value of real property that would have been exempt if the veterans pending application for certification of disability had been finalized, shall be canceled or refunded if both of the following conditions are met:(A) The certification is received and is forwarded to the county assessor.(B) A return is made as required by Section 277 of the Revenue and Taxation Code.(2) Any refund issued pursuant to this subdivision is subject to the limitations periods for refunds set forth in Section 5097 of the Revenue and Taxation Code. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 890.3 of the Military and Veterans Code is amended to read:890.3. (a) (1) Notwithstanding any other law, on or after January 1, 2001, a claimant is not ineligible for a disabled veterans benefit for lack of certification of disability of the veteran with respect to whom the benefit is sought, if there is a currently pending application to the United States Department of Veterans Affairs (USDVA) for certification of disability for that veteran and the subsequently received certification qualifies the veteran for the benefit. An entity of state government, or any political subdivision thereof, to which a claim for a disabled veterans benefit is made, shall require the claimant to provide written verification that an application had been pending with the USDVA at the time the claim for the disabled veterans benefit is submitted.(2) For purposes of this subdivision, disabled veterans benefit means an exemption, privilege, service, or other legal benefit that is provided pursuant to law by the state, or a political subdivision thereof, exclusively to a disabled veteran, or his or her their surviving spouse, parent, or child.(b) (1) For purposes of applying the disabled veterans property tax exemption set forth in Section 205.5 of the Revenue and Taxation Code, any amount of tax, including any interest or penalty thereon, levied upon that portion of the assessed value of real property that would have been exempt if the veterans pending application for certification of disability had been finalized, shall be canceled or refunded if both of the following conditions are met:(A) The certification is received and is forwarded to the county assessor.(B) A return is made as required by Section 277 of the Revenue and Taxation Code.(2) Any refund issued pursuant to this subdivision is subject to the limitations periods for refunds set forth in Section 5097 of the Revenue and Taxation Code. |
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| 46 | 46 | | SECTION 1. Section 890.3 of the Military and Veterans Code is amended to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 890.3. (a) (1) Notwithstanding any other law, on or after January 1, 2001, a claimant is not ineligible for a disabled veterans benefit for lack of certification of disability of the veteran with respect to whom the benefit is sought, if there is a currently pending application to the United States Department of Veterans Affairs (USDVA) for certification of disability for that veteran and the subsequently received certification qualifies the veteran for the benefit. An entity of state government, or any political subdivision thereof, to which a claim for a disabled veterans benefit is made, shall require the claimant to provide written verification that an application had been pending with the USDVA at the time the claim for the disabled veterans benefit is submitted.(2) For purposes of this subdivision, disabled veterans benefit means an exemption, privilege, service, or other legal benefit that is provided pursuant to law by the state, or a political subdivision thereof, exclusively to a disabled veteran, or his or her their surviving spouse, parent, or child.(b) (1) For purposes of applying the disabled veterans property tax exemption set forth in Section 205.5 of the Revenue and Taxation Code, any amount of tax, including any interest or penalty thereon, levied upon that portion of the assessed value of real property that would have been exempt if the veterans pending application for certification of disability had been finalized, shall be canceled or refunded if both of the following conditions are met:(A) The certification is received and is forwarded to the county assessor.(B) A return is made as required by Section 277 of the Revenue and Taxation Code.(2) Any refund issued pursuant to this subdivision is subject to the limitations periods for refunds set forth in Section 5097 of the Revenue and Taxation Code. |
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| 52 | 52 | | 890.3. (a) (1) Notwithstanding any other law, on or after January 1, 2001, a claimant is not ineligible for a disabled veterans benefit for lack of certification of disability of the veteran with respect to whom the benefit is sought, if there is a currently pending application to the United States Department of Veterans Affairs (USDVA) for certification of disability for that veteran and the subsequently received certification qualifies the veteran for the benefit. An entity of state government, or any political subdivision thereof, to which a claim for a disabled veterans benefit is made, shall require the claimant to provide written verification that an application had been pending with the USDVA at the time the claim for the disabled veterans benefit is submitted.(2) For purposes of this subdivision, disabled veterans benefit means an exemption, privilege, service, or other legal benefit that is provided pursuant to law by the state, or a political subdivision thereof, exclusively to a disabled veteran, or his or her their surviving spouse, parent, or child.(b) (1) For purposes of applying the disabled veterans property tax exemption set forth in Section 205.5 of the Revenue and Taxation Code, any amount of tax, including any interest or penalty thereon, levied upon that portion of the assessed value of real property that would have been exempt if the veterans pending application for certification of disability had been finalized, shall be canceled or refunded if both of the following conditions are met:(A) The certification is received and is forwarded to the county assessor.(B) A return is made as required by Section 277 of the Revenue and Taxation Code.(2) Any refund issued pursuant to this subdivision is subject to the limitations periods for refunds set forth in Section 5097 of the Revenue and Taxation Code. |
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| 54 | 54 | | 890.3. (a) (1) Notwithstanding any other law, on or after January 1, 2001, a claimant is not ineligible for a disabled veterans benefit for lack of certification of disability of the veteran with respect to whom the benefit is sought, if there is a currently pending application to the United States Department of Veterans Affairs (USDVA) for certification of disability for that veteran and the subsequently received certification qualifies the veteran for the benefit. An entity of state government, or any political subdivision thereof, to which a claim for a disabled veterans benefit is made, shall require the claimant to provide written verification that an application had been pending with the USDVA at the time the claim for the disabled veterans benefit is submitted.(2) For purposes of this subdivision, disabled veterans benefit means an exemption, privilege, service, or other legal benefit that is provided pursuant to law by the state, or a political subdivision thereof, exclusively to a disabled veteran, or his or her their surviving spouse, parent, or child.(b) (1) For purposes of applying the disabled veterans property tax exemption set forth in Section 205.5 of the Revenue and Taxation Code, any amount of tax, including any interest or penalty thereon, levied upon that portion of the assessed value of real property that would have been exempt if the veterans pending application for certification of disability had been finalized, shall be canceled or refunded if both of the following conditions are met:(A) The certification is received and is forwarded to the county assessor.(B) A return is made as required by Section 277 of the Revenue and Taxation Code.(2) Any refund issued pursuant to this subdivision is subject to the limitations periods for refunds set forth in Section 5097 of the Revenue and Taxation Code. |
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| 58 | 58 | | 890.3. (a) (1) Notwithstanding any other law, on or after January 1, 2001, a claimant is not ineligible for a disabled veterans benefit for lack of certification of disability of the veteran with respect to whom the benefit is sought, if there is a currently pending application to the United States Department of Veterans Affairs (USDVA) for certification of disability for that veteran and the subsequently received certification qualifies the veteran for the benefit. An entity of state government, or any political subdivision thereof, to which a claim for a disabled veterans benefit is made, shall require the claimant to provide written verification that an application had been pending with the USDVA at the time the claim for the disabled veterans benefit is submitted. |
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| 60 | 60 | | (2) For purposes of this subdivision, disabled veterans benefit means an exemption, privilege, service, or other legal benefit that is provided pursuant to law by the state, or a political subdivision thereof, exclusively to a disabled veteran, or his or her their surviving spouse, parent, or child. |
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| 62 | 62 | | (b) (1) For purposes of applying the disabled veterans property tax exemption set forth in Section 205.5 of the Revenue and Taxation Code, any amount of tax, including any interest or penalty thereon, levied upon that portion of the assessed value of real property that would have been exempt if the veterans pending application for certification of disability had been finalized, shall be canceled or refunded if both of the following conditions are met: |
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| 64 | 64 | | (A) The certification is received and is forwarded to the county assessor. |
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| 66 | 66 | | (B) A return is made as required by Section 277 of the Revenue and Taxation Code. |
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| 68 | 68 | | (2) Any refund issued pursuant to this subdivision is subject to the limitations periods for refunds set forth in Section 5097 of the Revenue and Taxation Code. |
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