BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 477|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  SB 477
          Author:   Leyva (D)
          Amended:  4/29/15  
          Vote:     27  

           SENATE GOVERNANCE & FIN. COMMITTEE:  7-0, 4/22/15
           AYES:  Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,  
            Pavley

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SUBJECT:   Property tax postponement:  mobilehomes and floating  
                     homes


          SOURCE:    Golden State Manufactured-Home Owners' League


          DIGEST:  This bill adds mobilehomes to the property tax  
          postponement (PTP) program.


          ANALYSIS:   


          Existing law:

          1)Enacts the Senior Citizens and Disabled Citizens Property Tax  
            Postponement Law, which allows the State Controller to pay  
            property taxes to county tax collectors on behalf of  
            individuals over the age of 62 or disabled persons making less  
            than $39,000 in income per year.

          2)Requires the Controller to secure repayment of postponed taxes  








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            by recording a lien against the claimant's property, which is  
            satisfied when the home is sold or refinanced.

          3)Allows the Controller to pay property taxes for new applicants  
            when liens are satisfied out of sales proceeds.

          4)Enacts the following administrative provisions for the PTP  
            program:

             a)   States that the lien secures all sums paying and owing  
               under PTP, 

             b)   Provides that the lien is secured when the Controller  
               transfers funds to the county, 

             c)   Requires the lien to be evidenced by a notice of lien  
               for property taxes executed by the Controller or his or her  
               authorized delegate, and recorded in the county recorder's  
               office in the county in which the property is located  
               within 14 days of transfer of funds, 

             d)   Allows the notice of lien to bear the Controller's  
               facsimile signature, 

             e)   Prescribes specified information appear on the lien, and

             f)   Authorizes the Controller to design the form and content  
               of the notice of lien.  

          5)Directs the Department of Housing and Community Development  
            (HCD) to maintain a title registry for all the state's  
            mobilehomes.

          This bill:

          1)Expands PTP eligibility to include mobilehomes by amending  
            several sections of the Government Code that govern PTP to  
            incorporate mobilehomes, with some modifications.

             a)   Instead of sending the notice of lien to the county,  
               directs the Controller to transmit it to HCD at its  
               Sacramento office,








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             b)   Requires HCD to amend the permanent title record of the  
               mobilehome to reflect that the property taxes have been  
               postponed upon receipt of the lien, 

             c)   Requires HCD to provide the Controller with  
               acknowledgement of receipt and amendment of the permanent  
               title lien,

             d)   Additionally requires HCD to impose a moratorium on any  
               other amendments to the permanent title record of the  
               mobilehome for purposes of transferring any ownership  
               interest or transferring or creating any security interest  
               until released or authorized by the Controller, 

             e)   Directs the Controller to maintain a record of all  
               properties against which HCD has been notified to withhold  
               transfer of title, including the claimant's name, a  
               description of the mobilehome against which the lien is  
               charged, and the amount secured by the lien,  

             f)   Requires the Controller to provide a written statement  
               showing the amount of the obligation secured by the lien on  
               the mobilehome in addition to any other information as will  
               reasonably enable a person or entity to determine the  
               amount that must be paid to the Controller to release or  
               discharge the lien for postponed taxes, similar to  
               traditional homes enrolled in PTP, and  

             g)   States that once a notice of lien is filed, the lien  
               attaches to the mobilehome for which taxes have been  
               postponed.

          2)Directs the Controller to reduce any obligation amounts by the  
            amount of payment received.

          3)Provides that the Controller must release the lien upon  
            satisfaction of all amounts it secures, and direct the tax  
            collector to remove specified information required of PTP  
            properties from the secured roll, and transmit a release of  
            lien to the owners of the mobilehome or the owner's heirs or  
            assigns.  Once the owners, heirs, or assigns receive the  








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            release of lien, they must send it to HCD with a $6 fee.

          4)Adds "mobilehomes" to the law's definition of "residential  
            dwelling," thereby applying the new higher equity requirement  
            of 40%, compared to the former 20%.

          5)States that any real property surrounding the mobilehome  
            necessary for its use as a home is included for purposes of  
            PTP.

          6)Provides that the bill's expansion of PTP includes houseboats  
            and floating homes, but excludes them if taxes are already  
            delinquent.

          7)States that should the Commission on State Mandates find that  
            this bill constitutes a reimbursable state mandate,  
            reimbursement may be made pursuant to existing statutory  
            provisions.

          Comments
          
          In 2009, due to budgetary constraints, and fewer funds flowing  
          back to the Controller's Office (SCO) as a result of diminishing  
          sales prices, the Legislature prohibited persons from filing new  
          claims under the PTP program, and the Controller from accepting  
          applications (SBX3-8, Ducheny, Chapter 4, Statutes of 2009-10,  
          Third Extraordinary Session).  However, the Legislature  
          resuscitated the program last year by removing SBX3-8's  
          prohibition, albeit with tightened eligibility criteria, and a  
          requirement for the SCO to transfer to the General Fund  
          repayments received above a $20 million total (AB 2231, Gordon,  
          Chapter 703, Statutes of 2014).  Before 2009, PTP included  
          mobile and manufactured homes in the program, as many low-income  
          persons and seniors live in these homes; however, AB 2231 didn't  
          include mobilehomes in the new program.  Advocates for mobile  
          and manufactured homeowners want to expand the PTP program to  
          again include them.  

          The Legislature reestablished PTP last year to benefit many  
          low-income and disabled taxpayers who have difficulty paying  
          their property taxes; however, it didn't provide any additional  
          funds, so the Controller can only pay property taxes with funds  








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          from previous repayments, currently $7 million.  While this  
          figure will increase over time, the Controller can't likely meet  
          current demand given the program's lengthy hiatus, so she plans  
          on paying claims out of available funds on a first-come,  
          first-served basis starting this fall.  Adding mobilehomes to  
          PTP allows the Controller to help very low-income individuals  
          living in these homes, but doing so again adds to demand without  
          including any additional funds.  As a result, the Controller may  
          have to grant fewer applications for homeowners eligible under  
          the current program.  Additionally, mobilehomes usually  
          depreciate in value over time, or have no recovery value, which  
          could generate lower repayment amounts, again reducing the  
          number and amount of claims the Controller can grant.  The  
          Controller states that the discharge rates for PTP loans (when  
          the state writes off the loan as a loss) is higher for  
          mobilehomes (16%) than for traditional homes (6%).  However,  
          mobilehomes haven't traditionally been a large part of the  
          program:  constituting only 4% of PTP accounts, and less than 1%  
          of outstanding loans in 2008.

          FISCAL EFFECT:   Appropriation:    Yes         Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee, SB 477 results  
          in unknown expenditures for new PTP loans to mobilehome owners,  
          likely in the range of $150,000 to $200,000 in 2016-17 and  
          2017-18, decreasing to $75,000 to $125,000 in future years,  
          based on historical demand.


          SUPPORT:   (Verified5/28/15)


          Golden State Manufactured-Home Owners' League (source)
          California Assessors' Association
          Howard Jarvis Taxpayers' Association
          Western Center on Law and Poverty
          20 individuals


          OPPOSITION:   (Verified5/31/15)









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          Western Manufactured Housing Communities Association


          ARGUMENTS IN SUPPORT:  According to the author, last year, AB  
          2231 (Gordon) reestablished the PTP Program, which provides  
          property tax assistance to certain lower-income households.   
          However, in reinstating the program, AB 2231 removed mobilehomes  
          from eligibility. This leaves mobilehome owners, many of whom  
          are lower-income seniors and/or disabled, vulnerable to a tax  
          sale of their homes.  SB 477 reinstates mobilehome owners as  
          eligible participants in the State PTP Program.  This will  
          ensure that low-income disabled persons and seniors who live in  
          mobilehomes are not at risk of losing their homes because of  
          property taxes. The State PTP Program helps ensure that  
          lower-income residents and households in California who cannot  
          meet their taxes do not lose their home to a tax sale.


          ARGUMENTS IN OPPOSITION:  Western Manufactured Housing  
          Communities Association states, "By increasing the scope of the  
          PTP program to include mobilehomes, it's more likely that  
          mobilehome park owners will have to take responsibility for  
          tax-defaullted mobile homes, and have to pay costs to remove  
          them."


          Prepared by:Colin Grinnell / GOV. & F. / (916) 651-4119
          5/31/15 11:40:44


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