BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNANCE AND FINANCE Senator Robert M. Hertzberg, Chair 2015 - 2016 Regular ------------------------------------------------------------------ |Bill No: |SB 371 |Hearing |5/6/15 | | | |Date: | | |----------+---------------------------------+-----------+---------| |Author: |Hancock |Tax Levy: |No | |----------+---------------------------------+-----------+---------| |Version: |4/6/15 |Fiscal: |No | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant|Grinnell | |: | | ----------------------------------------------------------------- SCHOOL DISTRICTS: SPECIAL TAXES Clarifies that school districts can exempt any, not all, of three sets of persons from its parcel tax. Background and Existing Law The California Constitution requires 2/3 voter approval when a local agency wants to impose or increase a special tax (Proposition 13, 1978). However, the Legislature must authorize school or special districts to impose taxes because these agencies have no plenary taxing powers. Responding to Proposition 13's reduction in local revenue, the Legislature generally authorized all local agencies to impose special taxes with 2/3 voter approval (SB 785, Foran, 1979), but voters subsequently approved an initiative requiring the Legislature to grant specific taxing power to local agencies to impose taxes (Proposition 62, 1986). One common form of local tax is the parcel tax, which can be imposed by cities, counties, or special districts. Parcel taxes are not ad valorem or assessed based on the value of a property like property taxes; instead they are generally a flat rate assessed per parcel regardless of its size, or per square foot of a parcel or its improvements. Agencies can use revenues in almost any way that serves local needs, such as ongoing expenses, programs, or buildings. Counties collect parcel taxes SB 371 (Hancock) 4/6/15 Page 2 of ? with property taxes, and then remit funds to the agency imposing the tax. Property tax law generally guides parcel tax collection. Prior to Proposition 62, school districts imposed parcel taxes to fund education; however, the initiative prompted school districts to seek specific legislative authorization to ratify the existing taxes, and clarify the authority to impose new ones. The Legislature allowed school and community college districts to impose qualified special taxes that applied uniformly, to all taxpayers or real property within the district, and allowed districts to exempt persons over the age of 65 from the tax (AB 1440, Hannigan, 1988). In 1991, the Legislature additionally allowed 15 types of local agencies to impose similar taxes; however, the measure allowed local agencies to tax unimproved property at a lower rate than improved property, and contained no other exemptions (SB 158, Committee on Local Government, 1991). In 2006, the Legislature allowed school districts to also exempt persons receiving Supplemental Security Income (SSI) regardless of age (AB 385, Lieber, 2006), and then persons receiving Social Security Disability Insurance (SSDI), whose yearly income was less than 250% of 2012 federal poverty guidelines (SB 874, Hancock, 2012). When the Legislature enacted AB 385, it clearly allowed school districts to exempt persons over the age of 65 or persons receiving SSI for a disability. However, during the consideration of SB 874, a drafting mistake deleted the word "or" and instead inserted the words "all of the following." The measure was subsequently enacted. As a result, some school districts think the statute requires them to either exempt all three categories (individuals over 65, SSI recipients, and SSDI recipients), or exempt no one at all. The author wants to clarify that school districts can exempt any or all of the groups currently eligible for the exemption from the parcel tax. Proposed Law Senate Bill 371 provides that school districts can exempt any or all, and do not have to exempt all, of the following from the parcel tax: Persons over the age of 65, SB 371 (Hancock) 4/6/15 Page 3 of ? Persons receiving SSI for a disability, Persons receiving SSDI whose yearly income was less than 250% of 2012 federal poverty guidelines. The measure states that its provisions are declaratory of existing law. State Revenue Impact No estimate. Comments 1. Purpose of the bill . According to the author, "Existing law allows school districts and community college districts to impose special taxes (parcel taxes) that apply to taxpayers or real property within the school district. K-12 school districts may exempt persons 65 years of age and older persons who receive supplemental security income (SSI) regardless of age from paying these taxes and/or persons who receive Social Security Disability Insurance (SSDI). In 2011, SB 874 (Hancock) gave school districts the option of exempting property owners who receive SSDI, but in 2015 the Santa Clara County Counsel's office raised an issue with this new exemption. The County Counsel's office interpreted Government Code Section 50079 (b) (1) which states, "all of the following taxpayers," to mean that a parcel tax must either have no exemptions or must meet all three exemptions, an interpretation that goes against the intention of SB 874. SB 371 simply clarifies that school districts can provide the exemption to any or all of exempted categories of tax payers." 2. Parcel taxes in California . For many years, little aggregate information existed regarding parcel taxes, but a recent report from the Public Policy Institute of California collected a great deal of revealing data regarding the way in which local agencies use parcel taxes. Cities placed 124 parcel tax measures before voters between 2003 and 2012, with 54 receiving the required 2/3 vote, with almost all taxes imposed by cities in the San Francisco Bay Area and Los Angeles County. SB 371 (Hancock) 4/6/15 Page 4 of ? School districts placed 329 parcel tax measures before voters during the same period, with 60% passing, mostly concentrated in the Bay Area. The report argues that the higher frequency of parcel taxes in the Bay Area is partly explained by higher income levels. Special districts asked voters to enact parcel taxes 238 times from 2003 to 2012, with 3 out of 4 winning. PPIC argues that the use of the parcel tax is growing, and that it has many advantages over other taxes: it has no deadweight loss, and assigns taxes in line with benefits. However, PPIC cautions that the tax has a major shortcoming in that many large parcels have little value, and are limited in their capacity to support a parcel tax. 3. What's the difference ? The Social Security Administration (SSA) administers both the SSI and SSDI programs. SSI is a federal income supplement program paid out of general federal revenues for persons aged, blind, disabled, and of limited income. SSDI is funded from federal payroll taxes and provides benefits to disabled persons because their disability serves as a barrier to employment, but unlike SSI, eligibility is not restricted by an individual's income, instead based on the nature of the disability. While SSDI recipients may be economically better off than SSI recipients, their disability can inhibit their ability to generate income. 4. Uniform . In 2013, George Borikas successfully challenged Alameda Unified School District's Measure H, which imposed a variable rate parcel tax. The Fourth District Appellate Court determined that Alameda's tax didn't meet the statute's uniformity requirement, because the school district statute didn't also contain the language in SB 158 allowing for a lower rate on unimproved property (Borikas v. Alameda Unified School District, 214 Cal. App. 4th 135). Last year, the Committee approved a measure that would have partially addressed the case; however, the measure died in the Assembly Revenue and Taxation Committee (SB 1021, Wolk, 2014). Support and Opposition Support : Unknown. SB 371 (Hancock) 4/6/15 Page 5 of ? Opposition : Howard Jarvis Taxpayers Association. -- END --