BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1012
                                                                  Page  1

          Date of Hearing:  April 29, 2013

                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION
                                Raul Bocanegra, Chair

                 AB 1012 (Gomez) - As Introduced:  February 22, 2013

          Majority vote.  Fiscal committee.

           SUBJECT  :  County tax bill:  notice:  property tax assistance and  
          postponement

           SUMMARY  :  Eliminates the Franchise Tax Board's (FTB's)  
          obligation to prepare a notice regarding the Property Tax  
          Postponement (Postponement) program.  Specifically,  this bill   
          eliminates the Senior Citizens Postponement Law notice  
          requirement under Revenue and Taxation Code (R&TC) Section  
          2615.6.

           EXISTING LAW  :

          1)Establishes the Senior Citizens and Disabled Citizens  
            Postponement Law, the Senior Citizens Tenant-Stockholder  
            Postponement Law, the Senior Citizens Mobilehome Postponement  
            Law, and the Senior Citizens Possessory Interest Holder  
            Postponement Law in the R&TC, all of which allow the State  
            Controller (SC) to pay property taxes to county tax collectors  
            on behalf of individuals over the age of 62 or disabled  
            persons making less than $39,000.  (R&TC Sections 20581-  
            20641).

          2)Establishes the Senior Citizens Homeowners and Renters  
            Property Tax Assistance (Assistance) Law, administered by the  
            FTB, which is a direct grant program to income eligible senior  
            citizens.  (R&TC Sections 20501 - 20561).  

          3)Establishes the County Deferred Property Tax Postponement for  
            Senior and Disabled Citizens, with participating counties, to  
            pay property taxes to county tax collectors on behalf of  
            individuals over the age of 62 or disabled persons making less  
            than $35,500.  (R&TC Sections 20800 - 20825).

          4)Requires the FTB to prepare a notice regarding property tax  
            assistance and postponement for senior citizens under the  
            Gonsalves-Deukmejian-Petris Senior Citizens Property Tax  








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            Assistance Law (also known as the Senior Citizens Homeowners  
            and Renters Assistance Law) and the Senior Citizens  
            Postponement Law.  (R&TC Section 2615.6)

          5)Requires a county, when it sends a tax bill to any person, to  
            include the notice regarding property tax assistance and  
            postponement programs, as prepared by the FTB.  (R&TC Section  
            2615.6).

          6)Suspends funding for the assistance and postponement programs  
            indefinitely.

           FISCAL EFFECT  :  None.



           COMMENTS  :   

          1)The author has provided the following comment in support of  
            this bill:

               Given the suspension of the [Property Tax Postponement]  
               Program, this is an obsolete requirement which requires  
               unnecessary work at the [State Controller's Office] to  
               annually prepare the statement and handle the flood of  
               inquiries received when county tax bills are mailed.   
               Furthermore, AB 1012 would save unnecessary frustration and  
               disappointment experienced by disabled people and senior  
               citizens when they discover they are responding to an  
               obsolete notice about a program that was suspended several  
               years ago.

           2)Background  .  California has several property tax programs  
            benefiting the elderly and disabled individuals, including  
            property tax reappraisal relief, property tax assistance, and  
            property tax postponement.  The assistance program provides a  
            direct grant to qualifying seniors and disabled individuals  
            who own or rent a residence.  The assistance program, which is  
            administered by the FTB, was established in 1967 to provide  
            direct property tax relief to seniors living on a fixed  
            income.  It was later expanded to include renters who meet the  
            income requirement, and to homeowners who are blind and or  
            disabled, regardless of their age.  

            Unlike the assistance programs that refunds a percentage of  








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            property taxes paid, the postponement program allows eligible  
            homeowners to defer payment of all, or a portion, of the  
            property taxes on their residence.  The program was enacted in  
            1977, after the passage of a constitutional amendment  
            authorizing the postponement of property taxes (California  
            Constitution, Article 13, Section 8) and is administered by  
            the SC's Office.  The constitutional amendment was in response  
            to concerns that senior homeowners on fixed incomes could lose  
            their homes because of the inability to pay raising property  
            tax bills.  Originally designed for individuals over 62 years  
            of age, the program is now also available to eligible blind  
            and disabled persons, regardless of age.  

            The state has not provided funding for the assistance program  
            since the 2007-08 Budget, so the state has not paid claims  
            more recently than those made in 2008.  On February 20, 2009,  
            the postponement program was indefinitely suspended as part of  
            the budget reductions to the state's General Fund programs.   
            [SBx3 8 (Ducheny), Chapter 4, Statutes of 2009].  The funding  
            of the program was eliminated and the SC was prohibited from  
            accepting new applications after February 20, 2009.

            The governor signed AB 1090 (Blumenfield), Chapter 369,  
            Statutes of 2011, creating the County Deferred Property Tax  
            Program for Senior Citizens and Disabled Citizens.  Under this  
            new program, counties may join the program by adopting a  
            resolution indicating the county's intention to participate.   
            Participating counties must establish a Property Tax Deferral  
            Fund within its Treasury, which will be used to make payments  
            equivalent to the amount of deferred property taxes.  Payments  
            from the Property Tax Deferral Fund will be made to the county  
            and will be processed in the same manner as all other property  
            tax payments.  As of the enactment of the program, only one  
            county adopted a resolution indicating its intention to  
            participate but the program is not currently operative.

           3)Will this bill save money  ?  The author argues that the current  
            postponement notice, as required by law, creates unnecessary  
            work for the SC's Office.  Specifically, it requires the SC to  
            answer a flood of inquiries about a program that has not been  
            funded since 2009.  Since notice is required by law, taxpayers  
            receive information about the program, prompting questions.   
            Therefore, eliminating the notice requirement in R&TC Section  
            2615.6 would also eliminate the additional workload created by  
            property owners interested in the program. 








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           4)Implementation concerns  .  As noted in FTB's analysis, the  
            elimination of the postponement program notification  
            requirement would not reduce the FTB's notice preparation  
            workload.  This is because the FTB will still be required to  
            administer and prepare a notice for the assistance program,  
            which has also not been funded since the 2007-08 Budget.  The  
            FTB has advised eliminating the notice requirement for both  
            the postponement and assistance programs since both are  
            currently unfunded.

           5)Suggested Amendments  .  AB 1012 eliminates the Senior Citizens  
            Postponement program notification requirement under R&TC  
            section 2615.6.  However, eliminating the requirement prevents  
            taxpayers from becoming aware of the postponement program even  
            if the program becomes operational in the future.   
            Additionally, AB 1012 only addresses one of the unfunded  
            programs under R&TC section 2615.6.  As such, the author may  
            wish to amend AB 1012 to suspend, and not eliminate, the  
            notification requirement for both the assistance and  
            postponement programs as long as they remain unfunded.  

           REGISTERED SUPPORT / OPPOSITION :   

           Support 
           
          None

           Opposition 
           
          None
           
          Analysis Prepared by  :  Carlos Anguiano / REV. & TAX. / (916)  
          319-2098