Connecticut 2022 2022 Regular Session

Connecticut House Bill HB05367 Comm Sub / Analysis

Filed 07/27/2022

                    O F F I C E O F L E G I S L A T I V E R E S E A R C H 
P U B L I C A C T S U M M A R Y 
 
  	Page 1 
PA 22-34—sHB 5367 
Veterans' Affairs Committee 
 
AN ACT CONCERNING MO TOR VEHICLE MARKER P LATES FOR 
CERTAIN VETERANS AND SERVICE MEMBERS, MU NICIPAL 
VETERANS SERVICES, VETERANS -RELATED PROPERTY TAX 
RELIEF AND TECHNICAL REVISIONS TO VETERA NS' AND 
MILITARY AFFAIRS STA TUTES 
 
SUMMARY: This act establishes a new local option property tax exemption for 
income-qualifying veterans’ primary residences. A municipality may adopt the 
exemption by a vote of its legislative body (or board of selectman if the legislative 
body is a town meeting). The exemption (1) is available to veterans with up to 
$50,100 in federal adjusted gross income and (2) equals 10% of the assessed value 
of a dwelling the veteran owns and uses as a primary residence. Under the act, a 
“veteran” is anyone honorably discharged, released under honorable conditions, or 
released with an other than honorable discharge, based on a qualifying condition, 
from active service in the armed forces (see BACKGROUND).  
The act also: 
1. explicitly codifies, for the purposes of the state’s “period of war” definition, 
service in Afghanistan (October 24, 2001, to August 30, 2021) and Iraq 
(March 19, 2003, to December 31, 2011, or June 1, 2014, to December 9, 
2021) and allows the motor vehicles commissioner to provide special 
registration marker plates to certain individuals who served while engaged 
in a combat or combat support role in these conflicts (§§ 1 & 2); 
2. establishes a task force to evaluate state property tax relief for veterans and 
make recommendations about whether there should be tax relief 
adjustments (§ 31); 
3. requires the Office of Policy and Management secretary, jointly with the 
veterans affairs commissioner, to annually provide a written notice to 
municipalities and veterans’ organizations informing them about the 
property tax exemptions that a municipality may choose to approve for 
veterans, veterans’ relatives or spouses, or people killed in action while on 
active military duty with the armed forces (§ 34); 
4. requires the veterans affairs commissioner to submit to the Veterans’ 
Affairs Committee, by September 1, 2022, recommendations for improving 
municipal veterans’ representatives to ensure that the services they provide 
are consistent, effective, and efficient (see BACKGROUND) (§ 32); and 
5. makes numerous technical changes (§§ 1-30). 
EFFECTIVE DATE: October 1, 2022, except the property tax task force and 
municipal veterans’ representative provisions are effective upon passage. 
 
§ 33 — PROPERTY TAX EXEMPTION ADMINISTRA TION  O L R P U B L I C A C T S U M M A R Y 
 	Page 2 of 4  
The act authorizes a new income-based, local option property tax exemption for 
veterans that applies in addition to existing state-mandated and local option 
veterans exemptions (e.g., the basic veterans exemption (CGS § 12-81(19)), 
disabled veterans exemptions (CGS § 12-81(20) & (21)), and income-based 
veterans exemptions (CGS § 12-81g). In municipalities that opt to establish the 
exemption, veterans may not receive it until they prove their right to it consistent 
with the act. Once proven, the exemption takes effect on the next succeeding 
assessment day. 
 
Application 
 
The act requires a veteran claiming the exemption to notify the town clerk in 
the municipality where his or her primary residence is located. Veterans must apply, 
on a form prepared by the municipal assessor, by the assessment date for which 
they are claiming the exemption (i.e., by October 1 of the respective assessment 
year). The application must include either (1) a certified copy of the veteran’s 
military discharge document or (2) in its absence, at least two affidavits from 
disinterested individuals showing the applicant is a veteran (the assessor may 
additionally require that the applicant be examined under oath about the facts in the 
affidavits). It must also include the veteran’s federal income tax return for the 
preceding tax year or, if one is not filed, other evidence the assessor requires.  
Under the act, a town clerk must record the discharge documents or affidavits 
in full, list the veteran’s name, and do so without payment. The act prohibits 
assessors, boards of assessment appeals, and other officials from allowing claims 
for this exemption unless the required documents are filed with the clerk. Veterans 
who are approved for the exemption must file for the exemption every two years. 
 
List of Qualifying Veterans 
 
Municipal assessors must annually create a certified list of all veterans who are 
found to qualify for the exemption. The list must be filed in the clerk’s office and 
is prima facie evidence that a veteran is entitled to the exemption, so long as he or 
she continues to use the dwelling as his or her primary residence. 
 
Additional Evidence and Personal Appearance 
 
At any time, an assessor may require a veteran to appear before him or her to 
provide additional evidence. But a veteran who is unable to do so because of total 
disability may give the assessor (1) a statement from his or her physician or nurse 
practitioner certifying that the veteran is totally disabled and cannot make a 
personal appearance and (2) other evidence of total disability that the assessor 
deems appropriate. 
 
Presumption of Eligibility 
 
Under the act, veterans who applied and were approved for the exemption in  O L R P U B L I C A C T S U M M A R Y 
 	Page 3 of 4  
one year are presumed to also qualify in the following year. During that year, the 
assessor must give the veteran written notice of the presumed qualification. If the 
veteran’s income exceeds $50,100, the veteran (1) must notify the assessor by the 
next filing date for the exemption and (2) must be denied the exemption until he or 
she has reapplied and requalified. Veterans who fail to notify assessors about their 
disqualification must repay the municipality for the property tax loss related to the 
improperly taken exemption. 
 
§ 31 — VETERANS’ PROPERTY TAX TASK FORCE 
 
Purpose 
 
The act establishes an eight-member task force to (1) evaluate state property tax 
exemptions, abatements, and other relief for veterans; (2) make recommendations 
on whether there should be adjustments to the relief for it to align more effectively 
with the intent of the relief when it was enacted; and (3) create a list of Connecticut 
municipalities with local property tax relief and the type of relief available in each. 
The task force must report its findings and recommendations to the Veterans’ 
Affairs and Planning and Development committees by January 1, 2023. 
 
Membership and Appointments 
 
Under the act, the task force members must be appointed as follows: two each 
by the House speaker and the Senate president pro tempore, and one each by the 
House and Senate majority and minority leaders. Members can be legislators. Initial 
appointments must be made by June 16, 2022, and any vacancy must be filled by 
the appointing authority. 
 
Administration 
 
The act requires the House speaker and Senate president pro tempore to select 
the task force’s chairpersons from among its membership. The chairpersons must 
schedule the first meeting, which must be held by July 16, 2022. 
The Veterans’ Affairs Committee’s administrative staff must serve as the task 
force’s administrative staff. The task force ends when it submits its report to the 
legislature or January 1, 2023, whichever is later.  
 
BACKGROUND 
 
Qualifying Condition 
 
By law, a “veteran” is anyone who was honorably discharged, released under 
honorable conditions, or released with an other than honorable discharge based on 
a qualifying condition from active service in the armed forces. A “qualifying 
condition” is a diagnosis of post-traumatic stress disorder or traumatic brain injury, 
a disclosed military sexual trauma, or a determination that sexual orientation,  O L R P U B L I C A C T S U M M A R Y 
 	Page 4 of 4  
gender identity, or gender expression was more likely than not the primary reason 
for the other than honorable discharge (CGS § 27-103). 
 
Municipal Veterans’ Representatives 
 
The law requires a municipality to designate a municipal employee or a 
volunteer to serve as its municipal veterans’ representative if it does not have its 
own local veterans’ advisory committee or otherwise fund a veterans’ service 
officer. Under the law, these representatives have the same duties as a local 
veterans’ advisory committee, which may include, among other things, 
coordinating the activities of public and private facilities concerned with veteran 
reemployment, education, rehabilitation, and adjustment to peacetime living (CGS 
§ 27-135).