BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 587 (Chau) - Mobilehomes:  payments:  nonpayment or late  
          payments
          
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          |Version: June 30, 2016          |Policy Vote: T. & H. 10 - 0,    |
          |                                |          JUD. 6 - 1            |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 1, 2016    |Consultant: Mark McKenzie       |
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          This bill meets the criteria for referral to the Suspense File.



          Bill  
          Summary:  AB 587 would establish a three-year tax and penalty  
          abatement program for owners of mobilehomes who are unable to  
          properly register their ownership interest with the Department  
          of Housing and Community Development (HCD) because of past due  
          taxes and fees, as specified.


          Fiscal  
          Impact:  
           HCD administrative costs of approximately $360,000 annually  
            for three years to process an estimated 10,000 titling and  
            registration applications each year for the duration of the  
            program.  These costs would likely be offset by application  
            fee revenues.  (Mobilehome-Manufactured Home Revolving Fund)

           Unknown, potentially significant, foregone state revenues a  







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            result of the requirement that HCD waive specified past due  
            charges, fees, and penalties if an applicant meets specified  
            requirements.  This impact would be partially mitigated to the  
            extent a portion of these revenues would have otherwise  
            remained uncollected in the absence of the abatement program.   
            (General Fund, various mobilehome-related special funds)   
            -----see staff comments-----

           Unknown significant foregone property tax revenues as a result  
            of the specified limit on the amount of delinquent taxes that  
            an applicant would pay to the county tax collector in exchange  
            for a tax clearance or liability certificate.  This impact  
            would be partially mitigated to the extent a portion of these  
            revenues would have otherwise remained uncollected in the  
            absence of the abatement program.  Staff notes that any  
            impacts to the K-14 school share of the property tax revenues  
            are generally backfilled by the State General Fund.  (General  
            Fund, local funds)  
          -----see staff comments-----

           Unknown foregone local revenues as a result of the requirement  
            that county tax collectors waive all property tax penalties  
            and interest that would otherwise be owed by eligible  
            participants in the abatement program. (local funds)

           Unknown reimbursable state-mandated local costs for county tax  
            collectors to establish administrative procedures and issue  
            tax clearance or liability certificates to eligible  
            participants in the abatement program.  (General Fund)


          Background:  Existing law requires HCD to maintain a title registry of all  
          mobilehomes and manufactured homes in the state.  Owners of  
          mobilehomes sold as new before July 1, 1980 are required to pay  
          an annual vehicle license fee (VLF) to HCD in lieu of a local  
          property tax, which is deposited into the General Fund, in  
          addition to other annual fees.  The VLF is calculated at a rate  
          of .65 percent of the pre-1980 value depreciated according to a  
          statutory schedule.  Existing law specifies that failure to pay  
          the VLF by the due date results in a 20 percent delinquency  
          penalty, and nonpayment of the VLF, annual fees, and any  
          penalties constitutes a lien on the mobilehome.  Until the lien  
          is paid, HCD is prohibited from issuing duplicate or new title  
          or registration documents, and from amending existing title  








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          records for purpose of transferring any ownership interest in  
          the mobilehome.
          Existing law requires the owner of any mobilehome or  
          manufactured home sold after July 1, 1980 to pay the local  
          property tax as personal property, imposed at a rate of 1  
          percent of the assessed value.  Existing law specifies that  
          failure to pay property taxes by the due date results in a 10  
          percent delinquency penalty and additional interest charges of  
          1.5 percent per month (18 percent per year), as specified.  HCD  
          is required to withhold registration or transfer of registration  
          of any mobilehome or manufactured home that is subject to local  
          property taxation until the applicant presents a tax clearance  
          certificate or conditional tax clearance certificate issued by  
          the county tax collector that indicates satisfaction of tax  
          liability.  A tax collector is required to issue a tax clearance  
          certificate when he or she finds that no local property tax is  
          due or is likely to become due, or that any applicable local  
          property taxes have been paid or are to be paid in a manner not  
          requiring the withholding of registration or transfer of  
          registration of a mobilehome.  




          Proposed Law:  
            AB 587 would establish a three-year tax and penalty abatement  
          program for owners of mobilehomes who are unable to properly  
          register their ownership interest with HCD because of past due  
          taxes and fees.  Among other things, this bill would to the  
          following:
           Revise a specified notice that park owners are required to  
            provide to mobilehome owners to disclose change of ownership  
            requirements, obligations for payment of property taxes or "in  
            lieu" fees, and to direct owners to HCD and the local tax  
            collector for questions regarding registration, titling, and  
            taxes.
           Require HCD to waive all outstanding charges and release  
            liens, upon application for registration or transfer of  
            registration, if the applicant is not the current registered  
            owner and all the following requirements are met:
               o      The applicant demonstrates documented ownership and  
                 the date of acquisition of ownership interest.
               o      The application is made prior to December 21, 2019.
               o      The applicant pays any charges assessed by HCD  








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                 during the period between the time the applicant took  
                 ownership interest or December 31, 2015, whichever is  
                 later, and the time the applicant applies for relief.
               o      Any lien under the Property Tax Postponement Program  
                 has been satisfied.
               o      The applicant has not previously applied for relief.
           Require HCD to waive the outstanding charges, fees or  
            penalties, amend the title record, and issue a duplicate,  
            substitute, or new certificate of title, registration card, or  
            copy of a registration card, if the applicant meets the  
            requirements of the abatement program and is subject to the  
            VLF.
           Authorize HCD to establish a long-term repayment program of up  
            to five years, for specified amounts owed, and to provide that  
            any amounts owed constitutes a lien.
           Require HCD to issue a conditional transfer of title if the  
            mobilehome is subject to local property taxation, and  
            authorize a person with the conditional transfer document to  
            apply to the county tax collector prior to January 1, 2020 to  
            issue either a tax liability or tax clearance certificate.
           Require the county tax collector to issue a tax liability  
            certificate if the person pays the taxes reasonably owed from  
            the date on the conditional transfer of title, without  
            penalties or interest, and not to exceed the amounts  
            attributable one year prior to January 1, 2017.
           Upon issuance of a tax clearance or liability certificate, the  
            applicant shall be listed as the owner of record for all local  
            property tax purposes, and the home shall not be subject to  
            lien or seizure for any taxes abated pursuant to the bill.
           Require HCD to amend the title record and issue a duplicate,  
            substitute or new certificate of title to an owner who  
            presents the department with a completed tax liability  
            certificate, if the applicant meets all other requirements, as  
            specified.
           Provide that the abatement program does not relieve any owner,  
            other than the applicant, from tax liability, including  
            penalties and interest arising from any non-payment prior to  
            the sale, and authorizes the tax collector to seek payment  
            from any owner other than the applicant.
           Delete a provision that prohibits a person from occupying a  
            mobilehome that does not conform to HCD's registration  
            requirements, but reinstates that prohibition beginning in  
            2020 provided HCD provides notice to the occupant of the  
            registration requirements and any registration fees due.








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          Staff  
          Comments:  HCD indicates that its mobilehome title registry  
          current contains over a million records, even though there are  
          only approximately 400,000 known mobilehome lots in the state.   
          This simple fact underscores a fundamental problem of  
          noncompliance with current titling and registration  
          requirements, regardless of the cause for noncompliance, which  
          may be due to a failure to properly document changes of  
          ownership, failure to notify HCD when a mobilehome has been  
          abandoned or removed, inability to properly register a  
          mobilehome because of delinquent taxes or fees owed by a  
          previous owner, or willfully ignoring legal requirements.   
          Furthermore, HCD does not have sufficient resources to perform a  
          full audit of the mobilehome registry to "scrub" the system of  
          duplicative records and correct other inaccuracies, or to  
          implement stronger inspection and enforcement measures to ensure  
          compliance.  While this bill is intended to provide a path to  
          bring some mobilehome owners into compliance with registration  
          requirements and tax obligations going forward, it is unlikely  
          to be a permanent or comprehensive solution for HCD's  
          Registration and Titling Program, and noncompliance issues are  
          likely to persist. 
          HCD indicates that neither the current number of active liens on  
          mobilehomes, nor the amount of delinquent "in lieu" VLF  
          revenues, penalties, and charges currently owed to the state, is  
          known.  As such, the potential foregone revenue impacts of the  
          bill are unknown.  Considering the pervasive noncompliance  
          issues, the inaccuracy of HCD's mobilehome titling records, and  
          the lack of enforcement, it seems unlikely that the state would  
          be able to collect on the majority of these delinquent taxes and  
          fees, regardless of whether AB 587 is signed into law.  The  
          current inability to collect delinquent "in lieu" taxes and  
          other penalties and charges, and the unlikelihood that they will  
          be collected in the future, would partially or fully offset any  
          potential foregone revenue impacts to HCD noted above.


          The total amount of delinquent property taxes, penalties, and  
          interest owed to counties is also unknown, but likely in the  
          tens of millions.  Riverside and San Bernardino Counties, both  
          of which have a large number of mobilehome parks, report that  
          there were nearly 11,000 mobilehomes in 2015 with delinquencies  








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          that total nearly $24 million.  This bill would waive all  
          penalties and interest, and cap the amount of property taxes  
          that must be paid by abatement program participants in exchange  
          for a tax clearance certificate, resulting in significant  
          foregone property taxes and other charges.  These losses would  
          be partially mitigated to the extent amounts forgiven under the  
          abatement program would never have been collected.  While the  
          net impacts are likely to be significant revenue losses, the  
          bill would also bring some mobilehome owners into compliance,  
          which could have an unknown positive impact on future "in lieu"  
          VLF revenues and property tax collections.




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