BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 237


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          Date of Hearing:  April 15, 2015


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                                 Maienschein, Chair


          AB  
                         237 (Daly) - As Amended  April 6, 2015


          SUBJECT:  Local governments:  parcel taxes:  notice.


          SUMMARY:  Requires local agencies to provide specified  
          notification to property owners before the adoption of any new  
          parcel tax.  Specifically, this bill:  


          1)Requires a local agency, within one week following a  
            legislative body's vote to place a proposed parcel tax on the  
            ballot, to provide specified notice to all property owners  
            affected by the tax.  

          2)Defines the following terms:

             a)   "Local agency" to mean "a city, county, special  
               district, or school district authorized to impose a parcel  
               tax;" and, 

             b)   "Parcel tax" to mean "a tax levied by a local agency  
               upon any parcel of property identified using the assessor's  
               parcel number system or upon any person as an incident 
             of property ownership pursuant to the California Constitution  
               (Section 4 of Article XII A) that is collected via the  
               annual property tax bill."    

          3)Requires the notice to include, but is not limited to, the  
            following information:









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             a)   The amount or rate of the proposed parcel tax in  
               sufficient detail to allow each property owner to calculate  
               the amount of the tax to be levied against the owner's  
               property;

             b)   The method and frequency for collecting the proposed  
               parcel tax, and the duration of time the parcel tax will be  
               imposed;

             c)   The date that the proposed parcel tax will be voted on;  
               and,

             d)   The telephone number and address of an individual,  
               office, or organization that interested persons may contact  
               to receive additional information about the proposed parcel  
               tax.  

          4)Requires the notice to be mailed to all property owners,  
            proposed to be subject to the new parcel tax, to those persons  
            whose names and addresses appear on the last equalized county  
            assessment roll or the State Board of Equalization assessment  
            roll.  

          5)Requires the notice to be accomplished through mailing,  
            postage prepaid in the United States mail and to be deemed  
            given when deposited.   

          6)Requires the envelope or cover of the mail to include the name  
            of the local agency and the return address of the sender.   
            Requires the notice to be in at least 10-point type.


          7)Authorizes the local agency to recover the reasonable costs of  
            the notice from the proceeds 
          of the parcel tax.  

          8)Prohibits the recovered costs from exceeding the reasonable  
            costs of preparing and mailing the notice.  

          EXISTING LAW:   










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          1)Authorizes cities, counties, and special districts to impose a  
            special tax for specified purposes with the approval of  
            two-thirds of the voters.    

          2)Authorizes school districts to impose qualified special taxes,  
            in accordance with specified procedures, including the  
            approval of two-thirds of the voters in the district.  

          3)Authorizes a parcel tax to fund a variety of local government  
            services subject to approval 
          of two-thirds of the voters.  

          4)Restricts parcel tax revenue to only fund the specified  
            purpose and services that voters approved.  

          FISCAL EFFECT:  None


          COMMENTS:  


          1)Parcel Taxes.  California Constitution Article XIII, Section A  
            allows cities, counties, and special districts, by a  
            two-thirds vote of the qualified electors in that  
            jurisdiction, to impose special taxes, except ad valorem taxes  
            on real property or a transaction tax or sales tax on the sale  
            of real property within that city, county or special district.  
             A parcel tax is a particular type of excise tax that is based  
            on either a flat per-parcel rate or a rate that varies  
            depending upon use, size, and/or number of units on each  
            parcel.  Proposition 13 (1978) contained a 1% limit on ad  
            valorem property tax; therefore, a parcel tax based upon the  
            value of property would constitute a violation of Proposition  
            13.  The California Constitution specifies that only two types  
            of taxes may be imposed upon a parcel of property:  first, an  
            ad valorem property tax imposed pursuant to Article VIII and  
            Article XIIIA, and second, a special tax receiving two-thirds  
            voter approval pursuant to Section 4 of Article XIIIA.  A  
            parcel tax must be adopted as a special tax that is not based  
            on the property's value.  

            To place a parcel tax measure on the ballot a local agency  








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            must adopt a resolution, which includes the type of tax and  
            rate to be levied, the method of collection, and the date of  
            the election.  To adopt an ordinance, local agencies must  
            comply with the Ralph M. Brown Act, which includes public  
            notification and hearing requirements.  For example, a local  
            agency must post an agenda at least 72 hours prior to its  
            meeting.  Additionally, current law requires cities and  
            counties to publish specific information 15 days after passing  
            an ordinance.  Special taxes, such as parcel taxes, are  
            subject to additional accountability [SB 165 (Alarcón),  
            Chapter 535, Statutes of 2000].  Current law requires local  
            agencies to: (1) issue a statement indicating the specific  
            purpose of the tax and a requirement that the proceeds be used  
            only for that purpose; (2) create an account in which to  
            deposit proceeds; and, (3) issue an annual report that  
            includes the amount of funds collected and expended, along  
            with the status of any project required or authorized by the  
            tax measure.  
            After the local agency has voted to place a parcel tax measure  
            on the ballot, the election must be held on "established  
            election dates," which means in March, April, or November of  
            an even-numbered year, or March, June, or November in an  
            odd-numbered year.  A parcel tax measure levied by a local  
            agency requires approval by two-thirds of the qualified  
            electors.  The Court has interpreted the phrase "qualified  
            electors of such district" to mean the registered voters  
            voting in the election concerning the proposed tax.  [Neilson  
            v. City of California City (2005) 133 Cal. App.4th 1296,  
            1312.]  Non-resident property owners that are not registered  
            voters are not included among the voters voting on a proposed  
            parcel tax.  On the other hand, voters who do not own real  
            property, but are registered within the district's boundaries,  
            like renters or tenants, are able to vote on a parcel tax even  
            though they may not be paying the tax except as passed through  
            in rent.  

          2)Bill Summary.  Under this bill, within one week following a  
            local agency's vote to place a proposed parcel tax on the  
            ballot, that city, county, special district, or school  
            district would be required to provide specified notification  
            to each affected parcel owner.  This bill also requires  
            specific information about the parcel tax to be included in  








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            the notice.  This bill authorizes the local agency to recover  
            reasonable costs of the notice from the proceeds of the parcel  
            tax should it be enacted by the voters.   

            This bill is sponsored by the California Association of  
            Realtors.  

          3)Author's Statement. According to the author, "Currently,  
            despite the fact that non-resident property owners pay parcel  
            taxes approved at the local level, they typically do not  
            receive notice of a pending vote, nor are they entitled to  
            vote on whether any proposed parcel tax should be adopted.   
            It's the voters of the local jurisdiction who determine  
            whether a proposed parcel tax be imposed on property owners.   
            If a property owner is also a resident of the local  
            jurisdiction, they will be informed of a pending parcel tax  
            vote when they receive their ballot pamphlet.  However, if a  
            property owner resides elsewhere, they will not be notified  
            that a vote on a proposed parcel tax is looming."  

          4)Previous Legislation.  The author has introduced several  
            parcel tax measures.  AB 892 (Daly) of 2013, which was held on  
            suspense in the Assembly Appropriations Committee, would have  
            required the Board of Equalization to report annually to the  
            Governor on the imposition of each locally assessed parcel  
            tax.  Most recently, AB 2109 (Daly), Chapter 781, Statutes of  
            2014, required the State Controller to report annually on the  
            imposition of each locally assessed parcel tax, and required  
            each county, city, and special district to provide any  
            information required by the Controller in order to complete  
            the report.  

          5)Policy Considerations.  The Committee may wish to consider the  
            following:
            
             a)   Cost.  This bill allows local agencies to recover the  
               costs of providing the notice from the proceeds of the  
               parcel tax, assuming the tax measure is approved by voters.  
                This bill is silent on reimbursement to local agencies  
               should the measure fail passage.  According to the Special  
               Districts Association, "It is often the special districts  
               with the most financial needs that vote to place a parcel  








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               tax on the ballot in order to raise the funds necessary to  
               provide their local services.  This bill would place a new  
               mandate on local service providers when they can least  
               afford it, with no guarantee that the parcel tax will  
               pass."  Over half of the proposed parcel taxes placed on  
               the ballot by cities, counties, and special districts since  
               2001 have been for public safety or medical services,  
               including law enforcement, gang suppression, fire  
               suppression and prevention, emergency medical and hospital  
               services, equipment and facilities.  
            
             b)   Favoring Property Owners.  This bill only requires  
               specified notification to be sent to the owner of each  
               parcel affected by the tax.  Opposition argues that this  
               bill treats qualified voters who are property owners more  
               favorably by providing them with an informational notice  
               beyond what non-property owner voters would receive;  
               therefore, the Committee may wish to consider if tenants  
               and property owners voting on a parcel tax measure should  
               be afforded the same notification and information.  
            
             c)   Existing Public Information.  Current law requires the  
               local agency to go through several public steps before and  
               after they place a parcel tax on the ballot.  The public,  
               including non-resident property owners, have access to all  
               of this information.  Opposition argues that requiring  
               additional notice to be given to property owners is  
               redundant and expensive.  
            
             d)   Timeframe for Notification.  This bill requires a local  
               agency to provide specified notification to parcel owners  
               within one week following the local agency's vote to place  
               the proposed parcel tax on the ballot.  According to the  
               California Special Districts Association, "Providing local  
               agencies only one week to gather the necessary information  
               from their county, process it, and mail the notices to all  
               property owners is an unreasonable timeframe."  
            
             e)   Other Parcel Tax Bills.  Parcel taxes require a  
               two-thirds vote of registered voters for passage.  There  
               have been several legislative attempts to lower the  
               two-thirds voter threshold to 55% for counties, cities,  








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               special districts, and school districts.  The Committee may  
               wish to consider if this bill goes against the trend of  
               attempting to make it easier for local agencies to impose a  
               parcel tax.  Since this type of tax already requires such a  
               high voter threshold, the Committee may wish to consider if  
               the additional requirements in this bill will provide yet  
               another barrier for cash strapped local agencies to provide  
               necessary services, and discourage local agencies from  
               using parcel taxes as a viable financing tool.  

          6)Committee Amendment.   An Overview of Local Revenue Measures in  
            California  by Michael Coleman, author of the online California  
            Local Government Finance Almanac (CaliforniaCityFinance.com),  
            tracks data on county, city, and special district parcel tax  
            measures.  Only 45% of the 396 measures placed on the ballot  
            from 2002 through November, 2013 were approved.  Given this  
            passage rate, the Committee may wish to ask the author to  
            accept an amendment that will provide reimbursement to a local  
            agency for the costs associated with the notification required  
            in this bill, if a parcel tax is not passed by the voters.   
            This amendment would address the financial barriers this bill  
            creates for local agencies to place a parcel tax measure on  
            the ballot, but will maintain the intent of the bill to  
            provide notification to non-resident landowners.  

          7)Arguments in Support.  The California Association of Realtors  
            argues, "Property owners may want to mount a campaign in  
            opposition to the proposed parcel tax, but not receiving  
            timely notice of a proposed tax precludes any such action on  
            their part."    

          8)Arguments in Opposition.  The California Special Districts  
            Association argues that this bill "would impose significant  
            additional burdens and expense on local agencies contemplating  
            a parcel tax, while providing very limited additional benefit  
            to their constituents."  

          9)Double-Referral.  This bill is double-referred to the  
            Education Committee.  

          REGISTERED SUPPORT / OPPOSITION:









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          Support


          California Association of Realtors [SPONSOR]


          California Apartment Association 


          California Farm Bureau Federation  


          California Taxpayers Association


          San Diego County Apartment Association




          Opposition


          California Special Districts Association


          Analysis Prepared  
          by:              Misa Lennox /L. GOV./(916) 319-3958