BILL ANALYSIS                                                                                                                                                                                                    Ó




                     SENATE GOVERNANCE & FINANCE COMMITTEE
                            Senator Lois Wolk, Chair
          

          BILL NO:  SB 825                      HEARING:  5/1/13
          AUTHOR:  Committee on Governance & Finance FISCAL:  Yes
          VERSION:  3/20/13                     TAX LEVY:  No
          CONSULTANT:  Grinnell                 

                               GOVERNMENT FINANCE
          

            Enacts five technical changes to property tax collection  
                                      law.


                    Background, Existing Law, and Proposed Law  

          Each year, the former Revenue and Taxation Committee  
          authored a measure to enact several changes to Property Tax  
          Law sponsored by the California Assessors' Association and  
          the California Association of County Treasurer-Tax  
          Collectors, who administer the property tax.  Many of these  
          measures are technical in nature, and enacting them in  
          separate measures isn't warranted.  Although omnibus bills  
          like this one may not be germane under a strict  
          interpretation of the single-subject and germaneness rules  
          presented in  Californians for an Open Primary v. McPherson   
          (2006), it implements important and necessary changes to  
          property tax laws.

          I.  Property Tax Bills.  Current law requires the County  
          Tax Collector to include specified information as part of  
          the property tax bill, including the taxpayer's right to  
          request an informal review of the assessor's valuation of  
          the property, and to apply to the assessment appeals board  
          for a reduction in valuation if the taxpayer doesn't agree  
          with the valuation after the informal review.  Last year,  
          AB 2643 (Ma) clarified the law to provide that penalty  
          relief is limited solely to the difference between the  
          assessor's initial valuation and the value that results  
          from the appeal or from informal review, ensuring that  
          taxpayers cannot escape penalties from failing to pay tax.   
          SB 825 requires the penalty relief limitation information  
          to appear on the property tax bill.

          II.  Tax sale reporting.  Existing law requires the County  
          Tax Collector to report the sale of a tax-defaulted  




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          property to the assessor within ten days of the sale.  SB  
          825 extends this deadline from ten to 30 days.  

          III. Code conformity.  The Revenue and Taxation Code  
          specifies the forms of payment county tax collectors can  
          accept.  However, the Government Code doesn't include all  
          the forms of payment specified in the Revenue and Taxation  
          Code.  SB 825 conforms the list of acceptable forms of  
          payment in the two codes, and extends the authority for a  
          County Tax Collectors to charge a fee equal to their  
          reasonable costs whenever payment is offered, but returned  
          without payment.  The bill also requires the charge to  
          become an underlying obligation, but not a lien on real  
          property, and allows the tax collector to prescribe a  
          different form of payment in the future.   

          IV.  Builder's Exclusion.  Generally, an assessor only  
          values a property for tax purposes based on its degree of  
          completion on the lien date of January 1st, and the  
          assessor issues a supplemental assessment based on its  
          value when completed later in the year.  The builder's  
          exclusion additionally relieves builders of supplemental  
          assessments on properties constructed for sale that the  
          builder does not intend to occupy or use.  Builders must  
          file apply with the Assessor for the exclusion within 30  
          days of commencing construction, and additionally notify  
          the Assessor within 45 days of renting, selling, or using  
          the property.  When the owner fails to notify the assessor  
          that he or she does not intend to occupy or use the  
          property within 30 days of beginning construction, the  
          exclusion does not apply, and the Assessor issues the  
          supplemental assessment.  However, the owner does not need  
          to notify the assessor, and is rebuttably presumed not to  
          intend to occupy or use the property, if the property has  
          been subdivided into more than five parcels in accordance  
          with the subdivision Map Act, the map describing the  
          parcels has been recorded, and zoning regulations require  
          the parcels be used for single-family residences.  The law  
          explicitly requires builders who have notified the Assessor  
          to provide the second notification within 45 days of  
          renting, selling, or using the property, but doesn't  
          explicitly require the notification of builders who rely on  
          the rebuttable presumption.  SB 825 explicitly requires  
          builders relying on the rebuttable presumption to inform  
          the Assessor within 45 days of renting, selling, or using  
          the property, and would also apply the existing penalty for  





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          failing to notify the Assessor of the change for affected  
          builders failing to notify the Assessor.

          V.  Contiguous parcels.  Local agencies impose the property  
          tax to all non-exempt properties within its jurisdiction.   
          However, Assessors occasionally assess a single property  
          that is situated in more than one "revenue district," where  
          one agency's boundaries encompass part of the property, but  
          not all of it.  In such a case, each property must be  
          separately assessed unless the full value of any parcel is  
          less than $25,000, in which case the parcel may be combined  
          with the contiguous one with the highest value.  The  
          smallest parcel in a tracts of land used for single-family  
          residences of less than 15,000 square feet may also be  
          combined with the largest contiguous parcel.  SB 825  
          increases the amount from $25,000 to $50,000. 


                               State Revenue Impact
           
          No estimate.

                                     Comments  

          1.   Purpose of the bill  .  SB 825 consolidates five items  
          that make minor, technical changes to property tax law  
          sponsored by the California Association of County  
          Treasurer-Tax Collectors and the California Assessors  
          Association.  The bill improves the administration of  
          property tax laws to help both taxpayers and counties.   
          Consolidating the measures into a single bill negates the  
          need for individual bills to enact each change.   
          Additionally, the measure only contains items with  
          universal agreement; the Committee will remove items should  
          anyone object to one.


                         Support and Opposition  (4/25/13)

           Support  :  California Assessors Association;  California  
          Association of County Treasurer-Tax Collectors 

           Opposition  :  None received.   








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