BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1012
                                                                  Page  1

          Date of Hearing:   May 15, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     AB 1012 (Gomez) - As Amended:  May 7, 2013 

          Policy Committee:                              Revenue and  
          Taxation     Vote:                            9-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill suspends a county's obligation to send out a notice,  
          and the Franchise Tax Board's obligation to prepare the notice,  
          regarding the Senior Citizens and Disabled Citizens Property Tax  
          Postponement program and the Gonsalves-Deukmejian-Petris Senior  
          Citizens Property Tax Assistance Law program.

           FISCAL EFFECT 

          Minor savings to the Franchise Tax Board and State Controller's  
          Office.

           COMMENTS  

           1)Purpose  .  According to the author, given the suspension of  
            these programs, this is an obsolete requirement which requires  
            unnecessary work at the Franchise Tax Board and 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  








                                                                  AB 1012
                                                                  Page  2

            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 refund a percentage of  
            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 State Controller's Office.  

            The state has not provided funding for the assistance program  
            since the 2007-08 Budget.  On February 20, 2009, the  
            postponement program was indefinitely suspended as part of the  
            budget reductions to the state's General Fund programs.  

           3)Related legislation .  AB 1322 (Patterson) reinstates the  
            Senior Citizens' Property Tax Postponement program that  
            provided property tax deferment to seniors and disabled  
            persons.  This bill is pending in this committee.

           4)Previous legislation  .  AB 1090 (Blumenfield), Chapter 369,  
            Statutes of 2011, creating the County Deferred Property Tax  
            Program for Senior Citizens and Disabled Citizens.

           5)There is no registered opposition to this bill  .


           Analysis Prepared by  :    Roger Dunstan / APPR. / (916) 319-2081