BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2291|
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                                   THIRD READING 


          Bill No:  AB 2291
          Author:   Achadjian (R) 
          Amended:  6/8/16 in Senate
          Vote:     21 

           SENATE GOVERNANCE & FIN. COMMITTEE:  6-1, 6/15/16
           AYES:  Hertzberg, Beall, Hernandez, Lara, Moorlach, Pavley
           NOES:  Nguyen

           ASSEMBLY FLOOR:  74-0, 4/14/16 - See last page for vote

           SUBJECT:   Property taxes:  delinquent taxes:  partial payment:  
                      fee


          SOURCE:    Author

          DIGEST:   This bill authorizes a county board of supervisors to  
          allow the tax collector to charge a fee for the reasonable costs  
          of partial property tax payments.  


          ANALYSIS:  


          1)Sets January 1 of each year as the "lien date," or the date  
            upon which the assessor values property, and property taxes  
            are imposed on its owner in the form of a lien against the  
            property.


          2)Requires tax collectors to send bills to taxpayers on the  
            secured roll by November 1.  








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          3)Requires taxpayers must pay their bills in two installments:  
            the first on November 1, which becomes delinquent December 10,  
            and the second on February 1, with delinquency occurring on  
            April 10, but allows taxpayers to pay in full in the first  
            installment.  


          4)Imposes a 10% penalty on each delinquent amount, and allows  
            counties to also apply administrative charges.


          5)Provides that a property becomes tax defaulted if taxes remain  
            unpaid as of June 30, triggering redemption penalties of 1.5%  
            a month until the full amount is paid.


          6)Allows the tax collector with approval by the board of  
            supervisors to sell a tax defaulted residential property to  
            satisfy back taxes, penalties, costs, and other liens; for  
            commercial property, the tax collector can do so after three  
            years.


          7)Requires counties to allow taxpayers to pay in installments by  
            making an initial payment of 20% of the amount outstanding,  
            but only after a property becomes tax defaulted.  Under an  
            installment plan, taxpayers must make one payment a year for  
            five years, in addition to paying current taxes.  Failure to  
            make timely payments on an installment plan again places the  
            property in default; however, taxpayers can enter into another  
            installment plan at the beginning of the next fiscal year.


          8)Allows tax collectors to also accept partial payments from  
            delinquent taxpayers if authorized to do so by the board of  
            supervisors.  


          9)Authorizes tax collectors to charge fees for certain  
            activities, such as an application fee for valuing property  
            for the purpose of redemption, or a processing fee for  
            entering into an installment payment plan; however, existing  







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            law does not clearly authorize the tax collector to charge a  
            fee for accepting partial payments.


          This bill:


          1)Allows a county board of supervisors to authorize the tax  
            collector to recover the reasonable costs for instituting and  
            maintaining a partial payment arrangement for property taxes.


          2)Requires the initial ordinance authorizing the fee to  
            establish the maximum fees that the tax collector can charge,  
            which the measure limits only to cost recovery.


          3)Requires the county board of supervisors to adopt the fee and  
            any subsequent changes during a regularly scheduled meeting  
            after at least one public meeting where oral and written  
            presentations can be made.


          4)States that the fee is imposed for a specific government  
            service or product provided directly to the payor that is not  
            provided to those not charged, and which does not exceed the  
            reasonable cost to provide the service for purposes of the  
            California Constitution.


          5)Says that the fee is subject to statutory requirements that  
            cap the fee at the amount reasonably necessary to provide the  
            service.


          Background


          Tax collectors generally rely on county general fund allocations  
          from the board of supervisors to operate their offices and  
          fulfill their legal duties.  As such, funding and service levels  
          will vary from county to county, and tax collectors must compete  
          for funding against many other worthy causes such as public  
          safety, health care, and other county offices and services when  







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          the Board enacts the budget.  State law explicitly allows tax  
          collectors to charge fees to recover the reasonable costs for  
          some specified services, but not do so for accepting partial  
          payments.  Many counties already accept partial payments without  
          charging a fee, paying for any costs out of general funding.   
          Any county that currently does not accept partial payments can  
          commence doing so without charging a fee.  Taxpayers with  
          sufficient means are not likely to make partial payments given  
          significant penalties, interest, and risk of tax sale, so adding  
          a fee on to taxpayers who can only pay partially may serve as a  
          financial barrier to taxpayers who can't pay in full.   
          Additionally, counties who have been accepting partial payments  
          without a fee would have legal authorization to do so under AB  
          2291, which allows tax collectors to shift costs currently  
          funded as part of general operations onto taxpayers who can only  
          make partial payments.  However, some counties that won't  
          currently accept partial payments without charging a fee may  
          choose to do so under AB 2291.




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified6/17/16)




          California Association of County Treasurer-Tax Collectors


          California State Association of Counties
          Santa Clara County Board of Supervisors


          OPPOSITION:   (Verified6/17/16)


          None received









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          ARGUMENTS IN SUPPORT:     According to the author, "AB 2291  
          would simply allow counties to recover the cost of providing an  
          alternative for taxpayers with tax-defaulted property.   
          Accepting payments on a monthly basis would offer a  
          substantially lower barrier to entry than the existing, more  
          restrictive Permanent Installment Plan.  As a result, AB 2291  
          would allow more taxpayers to begin paying off their delinquent  
          taxes with lower monthly payments in the same manner they  
          typically pay other debt.  This will have direct benefits to  
          taxpayers who are making earnest efforts to pay taxes owed.  AB  
          2291 is both taxpayer friendly and maintains local control for  
          countries that choose to provide this service." 
           

          ASSEMBLY FLOOR:  74-0, 4/14/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger  
            Hernández, Holden, Jones, Jones-Sawyer, Kim, Lackey, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, Medina, Mullin,  
            Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas,  
            Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond,  
            Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Harper, Irwin, Levine, McCarty, Melendez,  
            Nazarian

          Prepared by:Colin Grinnell / GOV. & F. / (916) 651-4119
          6/17/16 15:03:51


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