BILL ANALYSIS Ó SB 371 Page 1 SENATE THIRD READING SB 371 (Hancock) As Amended April 6, 2015 Majority vote SENATE VOTE: 30-3 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Revenue & |6-1 |Ting, Dababneh, |Patterson | |Taxation | |Gipson, | | | | | | | | | | | | | | |Roger Hernández, | | | | |Mullin, Quirk | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Clarifies that a school district may exempt from special taxes any of the specified categories of individuals and is not required, but may, provide this exemption to all of these persons. Specifically, this bill: SB 371 Page 2 1)Clarifies that a school district is authorized to exempt from the qualified special taxes any or all of the following persons: a) Persons over the age of 65; b) Persons receiving Supplemental Security Income (SSI) for a disability; or, c) Persons receiving Social Security Disability Insurance (SSDI) benefits whose annual income is less than 250% of 2012 federal poverty guidelines. 2)States that the proposed clarification is declaratory of existing law. FISCAL EFFECT: None COMMENTS: 1)Author's Statement. The author has provided the following statement in support of this bill: "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 (or older), persons receiving supplemental security income (SSI) regardless of age, and/or persons receiving Social Security Disability Insurance (SSDI). SB 371 Page 3 "In 2011, SB 874 (Hancock) [Chapter 791, Statutes of 2012] gave school districts the option of exempting property owners receiving SSDI from paying parcel taxes, but in 2015 the Santa Clara County Counsel's office raised an issue with this new exemption. The Santa Clara County Counsel's office interpreted Government Code Section 50079(b)(1) which states, 'all of the following taxpayers,' to mean that an individual must meet all three categories to qualify for a parcel tax exemption. An interpretation that goes against the intention of SB 874. "SB 371 clarifies that school districts can provide the exemption to 'any or all' of the exempted categories of taxpayers." 2)"Qualified Special Taxes": Background. In 1978, Proposition 13 limited both the tax rates and assessments, thus significantly reducing property tax revenues. Proposition 13 also eliminated the ability of school districts to levy an incremental ad valorem tax on real property. However, school districts still have limited authority to generate local revenues from qualified special taxes as long as the special tax applies uniformly to all taxpayers (other than persons over the age of 65 or persons receiving SSI or SSDI) and real property within the district. While Proposition 13 did not define the term "special tax", over time the courts have opined that a tax is a "special tax" whenever expenditure of its revenues is limited to specific purposes, i.e. the proceeds of the tax are earmarked or dedicated in some manner to a specific project or projects. In contrast, a tax is a "general tax" only when its revenues are placed into the General Fund and are available for expenditure for any and all governmental purposes. [Bay Area Cellular Telephone Co. v. City of Union City (2008) 162 Cal. App.4th 686; Howard Jarvis Taxpayers Assn. v. City of Roseville (2003) 106 Cal.App.4th 1178.] School districts and special districts are prohibited SB 371 Page 4 from imposing general taxes (Proposition 218 of 1996) and thus, by definition, any tax levied by a school district or community school district is considered to be a special tax subject to a two-thirds voter approval. Thus far, school districts have only imposed "qualified special taxes" under Government Code Section 50079 in the form of a parcel tax. 3)Parcel Taxes. A parcel tax is a flat fee imposed by a city, county, or special district on each parcel, residential as well as commercial, rather than on the assessed value of property located within the local entity's jurisdiction. Because the same dollar amount of tax is assessed on each parcel of property, whether the parcel is one acre or 100 acres, parcel taxes are generally regressive, which means owners of smaller parcels of land pay a larger percentage of tax as compared to owners of larger parcels of land. Some districts levy a rate at a fixed amount per square foot of taxable land, and many include an annual inflation adjustment. Parcel taxes are flexible ways of raising revenues at the local level, but are subject to certain requirements. Existing law does not prescribe a maximum rate of tax nor does it limit the period within which the qualified special tax may be imposed. Therefore, the rate of tax varies significantly among different school districts. Existing law does not limit how the special tax proceeds may be spent and, therefore, a local school board can specify in the ballot measure how the funds will be used. Generally, local parcel taxes provide secure funding for teacher salaries; books; materials and supplies; computers; and art, music and sports programs. 4)The Current Exemption: What is the Problem? School districts and community college districts are currently authorized to exempt from qualified special taxes persons over the age of 65, persons receiving SSI for a disability, regardless of age, and persons receiving SSDI, with a specified maximum annual income. The exemption is permissive rather than mandatory, which allows the school district to consider the need for, and SB 371 Page 5 impact of, an exemption from special taxes imposed. The original exemption enacted in 1988 was limited in its scope to senior citizens over the age of 65. In 2006, the Legislature expanded the exemption to include persons receiving SSI, regardless of age, and clearly allowed school districts to exempt either persons over the age of 65 or persons receiving SSI. In 2012, the Legislature added one more category to the exemption list of persons - namely persons receiving SSDI, with a specified annual income (SB 874 (Hancock), Chapter 791, Statutes 2012). However, as SB 874 was going through the legislative process, a drafting error occurred and the word "or" was replaced with the phrase "all of the following." As a result, some interpret the statute to require a school district to exempt either none or all three categories of individuals eligible for the exemption. This bill would clarify that this interpretation is incorrect and, thus, a school district may exempt any or all of the individuals currently eligible for the exemption from the qualified special tax. Analysis Prepared by: Oksana Jaffe / REV. & TAX. / (916) 319-2098 FN: 0001072 SB 371 Page 6