BILL ANALYSIS                                                                                                                                                                                                    Ó




                     SENATE GOVERNANCE & FINANCE COMMITTEE
                            Senator Lois Wolk, Chair
          

          BILL NO:  AB 1888                     HEARING:  5/14/14
          AUTHOR:  Ting                         FISCAL:  No
          VERSION:  3/27/14                     TAX LEVY:  No
          CONSULTANT:  Weinberger               

                COUNTY RECORDERS AND DOCUMENTARY TRANSFER TAXES
          

          Deletes the requirement that county recorders must, upon  
          request, show the amount of documentary transfer tax due on  
          a paper separate from the document subject to the tax.


                           Background and Existing Law  

          The Documentary Transfer Tax Act allows counties to levy a  
          tax upon the recording of documents that transfer interests  
          in real property.  All 58 counties impose a documentary  
          transfer tax (DTT), which is levied at a rate of 55 cents  
          per $500 (or 0.11%) of the value of the real property or  
          interest being transferred.  The Act allows a city within a  
          county that has adopted a DTT to impose a DTT at one-half  
          of the county rate.  The amount of tax paid to a city is a  
          credit against the amount of the tax owed to a county.   
          More than 450 cities levy a DTT pursuant to the Act.  Under  
          the "municipal affairs" doctrine established by Article XI,  
          Section 5 of the California Constitution, some charter  
          cities tax the transfer of ownership of real estate at  
          rates that exceed the statutory limit on the DTT. 

          County recorders administer documentary transfer taxes.   
          State law prohibits a recorder from recording a document  
          subject to the DTT unless the tax is paid at the time of  
          recording.  Generally, every document subject to the DTT,  
          when it is submitted for recordation, must show on its face  
          the amount of tax due.  However, upon the request of the  
          party submitting a document, the amount of tax due must be  
          shown on a separate paper, which is not recorded but is  
          affixed to the document after the recorder makes the  
          permanent record.  If the amount of tax paid is shown on a  
          page that is separate from the recorded document, nobody  
          can find out how much tax was paid simply by looking at the  
          recorded copy of the document.  However, a 2007 Attorney  
          General's opinion noted that a county recorder will still  




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          have evidence of the amount of tax paid in his or her  
          accounting records.  The AG's opinion concluded that those  
          records are subject to inspection pursuant to the  
          California Public Records Act, which generally requires  
          that government records must be provided to the public upon  
          request, unless there is a reason specified in state law to  
          withhold a record.   

          An informal survey of county recorders indicates that  
          recorders are interpreting state law and the Attorney  
          General's opinion in a variety of ways, creating  
          disparities from county to county in how information about  
          DTTs can be obtained.  In some counties, the recorder's  
          office will disclose the amount of a DTT to anyone who  
          requests that information for a specifically-identified  
          recorded document.  In other counties, a Public Records Act  
          request must be filed to learn the amount of DTT paid on a  
          recorded document.  In at least one county, the amount of  
          tax paid may not be provided even in response to a Public  
          Records Act request.

          To address the lack of uniformity created by ambiguity in  
          current law, real estate appraisal professionals and county  
          officials want the Legislature to repeal the statutory  
          language that allows documents that are subject to the  
          documentary transfer tax to be recorded without showing the  
          amount of tax due.


                                   Proposed Law  

          Assembly Bill 1888 repeals the requirement that a county  
          recorder, upon the request of a party submitting a document  
          for recordation, must show the amount of documentary  
          transfer tax due on a separate paper which must be affixed  
          to the document by the recorder after the permanent record  
          is made and before the original is returned.

          AB 1888 makes additional technical and conforming changes  
          to state law.


                               State Revenue Impact
           
          No estimate.






          AB 1888 -- 3/27/14 -- Page 3




                                     Comments  

          1.   Purpose of the bill  .  AB 1888 eliminates a statutory  
          requirement that, in some counties, impedes public access  
          to information about DTT amounts paid by taxpayers.  By  
          ensuring that this information will be easily available on  
          copies of all recorded documents that are subject to the  
          DTT, AB 1888 generates several public benefits.  Interested  
          parties will no longer have to obtain DTT information  
          through Public Records Act requests, which can be  
          needlessly time-consuming and costly both for requestors  
          and for the local governments that fulfill the requests.   
          The manner in which county recorders administer the tax  
          will become more uniform and transparent, which will foster  
          confidence in the fair administration of the tax laws.   
          Additionally, real estate appraisers use DTT amounts to  
          more accurately determine property values.  By granting  
          appraisers more reliable and complete access to information  
          about DTT amounts, AB 1888 will help real estate  
          professionals, and consumers, make more informed real  
          estate decisions.

          2.   More public, or more private  ?  The Documentary Transfer  
          Tax Act's language allowing recorders to show the amount of  
          DTT paid on a page that is separate from a recorded  
          document was likely enacted to protect property owners'  
          privacy.  Purchasers of highly valuable properties or  
          property investors with extensive real estate holdings may  
          prefer not to publicly disclose the amounts that they pay  
          for real estate.  By ensuring that the amount of DTT paid  
          will always be publicly available on copies of the recorded  
          documents that are subject to the tax, AB 1888 eliminates  
          any opportunity for property owners to shield significant  
          information about their real estate transactions from  
          public scrutiny.  As an alternative approach, which would  
          maintain property owners' privacy, the Legislature could  
          prohibit the release of taxpayers' DTT payment information  
          pursuant to requests under the California Public Records  
          Act.


                                 Assembly Actions  

          Assembly Local Government Committee:  9-0
          Assembly Floor:                    75-0





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                         Support and Opposition  (5/8/14)

           Support  : California Government Relations Subcommittee of  
          the Appraisal Institute; California Newspaper Publishers  
          Association; County Recorders' Association of California.

           Opposition  :  Unknown.