BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2476


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2476 (Daly)


          As Amended  August 15, 2016


          Majority vote


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          |ASSEMBLY:  | 71-4 |(June 2, 2016) |SENATE: | 36-0 |(August 17,      |
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          Original Committee Reference:  L. GOV.




          SUMMARY:  Requires local agencies to provide specified notice of  
          a new parcel tax to non-resident property owners.  




          The Senate amendments make changes to the timing of the  
          notification to non-resident property owners to require a local  
          agency to provide notice of a new parcel tax instead of  
          notification of a proposed parcel tax measure.  


          EXISTING LAW:   


          1)Authorizes cities, counties, and special districts to impose a  








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            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.  




          AS PASSED BY THE ASSEMBLY, this bill:   


          1)Required a local agency, within 30 days following a  
            legislative body's vote, to place a proposed parcel tax on the  
            ballot to provide specified notice to property owners affected  
            by the tax that do not reside within the jurisdictional  
            boundaries of the taxing entity.  


          2)Defined 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  








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               annual property tax bill."    


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


             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)Required the notice to be mailed to non-resident property  
            owners, who are affected by the new parcel tax, and whose  
            names and addresses appear on the last equalized county  
            assessment roll or the State Board of Equalization assessment  
            roll.  


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


          6)Required the notice to be in at least 10-point type, and to be  
            in one of the following forms:








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             a)   An envelope or mailing, which includes the name of the  
               local agency and the return address of the sender on the  
               cover; or, 


             b)   A postcard, which includes the name of the local agency  
               and the return address of the sender on the front, and  
               includes information in a prescribed format, as specified.   



          7)Authorized the local agency to recover the reasonable costs of  
            the notice from the proceeds of the parcel tax.  Prohibits the  
            recovered costs from exceeding the reasonable costs of  
            preparing and mailing the notice.  


          8)Provided that no reimbursement is required by this bill,  
            pursuant to the California Constitution, because a local  
            agency or school district has the authority to levy service  
            charges, fees, or assessments sufficient to pay for the  
            program or level of service mandated by this bill, pursuant to  
            current law governing state-mandated local costs.  


          9)Required, if a parcel tax is not approved by the voters and  
            the Commission on State Mandates determines that this bill  
            contains costs mandated by the state, reimbursement to local  
            agencies and school districts for those costs be made,  
            pursuant to current laws governing state-mandated local costs.  
             


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          COMMENTS:  










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          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  
            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:  a) issue a statement indicating the specific  
            purpose of the tax and a requirement that the proceeds be used  
            only for that purpose; b) create an account in which to  
            deposit proceeds; and, c) 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.  










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            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 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.  


            Only 45% of the 396 parcel tax measures placed on the ballot  
            from 2002 through November 2013 were approved.  


          2)Bill Summary.  This bill requires a local agency, city,  
            county, special district, or school district to provide  
            specified notice of a new parcel tax to non-resident parcel  
            owners.  Local agencies would be required to provide the  
            notification in one of two forms defined in the bill.  This  
            bill outlines the specific information about the parcel tax to  
            be included in the notice and 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 Realtors Association.  


          3)Author's Statement.  According to the author, "AB 2476 seeks  
            to provide a measure of fairness by establishing a process for  
            notifying the non-resident property owners.  While the parcel  
            tax on any one single-family residential parcel may be  
            relatively little, the same tax applied to a multi-family  
            building can be extremely costly.  One East Bay city has a  
            parcel tax of $96 for single-family residential parcels and  








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            $72 per multi-family residential parcel.  If a building has,  
            for example, 100 multi-family units that translates to a  
            parcel tax of over seven thousand dollars.  Property owners  
            deserve to know whether they may be facing such a tax."  


          4)Previous Legislation.  The author has introduced several  
            parcel tax measures.  AB 237 (Daly) of 2015, which was held on  
            suspense in the Assembly Appropriations Committee, was  
            substantially similar to this bill.  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 Legislature may wish to consider  
            the following:


             a)   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.  
          Additionally, existing law authorizes any person to request that  
          a legislative body mail a copy of an agenda and all documents in  
          an agenda packet.  This provision applies to cities, counties,  
          districts, and other public agencies and authorizes the local  
          agencies to charge a fee to provide agendas.  The Legislature  
          may wish to consider the accessibility of information that a  
          non-resident property owner may access even prior to the passage  
          of a parcel tax measure.  


             b)   Funding notification instead of services?  The  
               Legislature may wish to consider if parcel tax revenue  








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               should be used to fund the services or facilities for which  
               the voters supported instead of a notice to non-resident  
               property owners.  
          6)Arguments in Support.  The California Association of Realtors  
            argues that this bill "authorizes a low-cost postcard  
            notification and requires that cost for the notice not to  
            exceed the reasonable costs of preparing and mailing the  
            notice.  The measure also directs that the very small cost for  
            the notice come from the proceeds of the new parcel tax."  


          7)Arguments in Opposition.  The California State Association of  
            Counties and the California Special Districts Association  
            argue "We believe this measure does little but incur costs to  
            local agencies and reduce the efficacy of voter-approved  
            parcel taxes that are intended to provide funding for local  
            infrastructure or critical services."    


          Analysis Prepared by:                                             
                          Misa Lennox / L. GOV. / (916) 319-3958  FN:  
          0004245