BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 909


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          Date of Hearing:  June 15, 2016 


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                           Susan Talamantes Eggman, Chair


          SB  
          909 (Beall) - As Amended March 29, 2016


          SENATE VOTE:  39-0


          SUBJECT:  Property tax postponement:  special needs trust  
          claimants.


          SUMMARY:  Authorizes qualified beneficiaries of special needs  
          trusts to apply to the State Controller to defer payment of  
          property taxes through the Senior Citizens and Disabled Citizens  
          Property Tax Postponement (PTP) Program.  Specifically, this  
          bill:  


          1)Adds the interest of a beneficiary of a special needs trust,  
            in which title is held in trust, to the list of ownership  
            interest in a residential dwelling defined in existing law for  
            the purposes of eligibility for the PTP Program.    


          2)Provides that no reimbursement is required by this bill  
            because the only costs that may be incurred by a local agency  
            or school district will be incurred because this bill creates  
            a new crime or infraction, eliminates a crime or infraction,  
            or changes the penalties for a crime or infraction, as  
            specified.  








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          EXISTING LAW:   


          1)Creates the PTP Program in the State Treasury, which is  
            continuously appropriated to the Controller for purposes of  
            administering the PTP Program, including, but not limited to,  
            necessary administrative costs and disbursements relating to  
            the postponement of property taxes pursuant to the PTP Law.



          2)Requires all sums paid by the Controller to be secured by a  
            lien in favor of the State of California when funds are  
            transferred to the county by the State Controller upon the  
            real property for which property taxes have been postponed.



          3)Allows the Controller to start accepting new applications for  
            the PTP Program on July 1, 2016.


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


          COMMENTS:  


          1)Existing Law and Bill Summary.  Under existing law, the PTP  
            program is limited to a claimant's principal place of  
            residence, which is owned by the claimant, the claimant and  
            spouse, the claimant and another individual eligible for the  
            program, or specified members 
          of the claimant's family.  A claimant must demonstrate ownership  
            interest in the property, which is defined by current law, as  
            follows: a) the interest of a vendee in possession under a  








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            land sale contract, provided that it is recorded; b) the  
            interest of a holder of a life estate; c) the interest of a  
            joint tenant or tenant in common in the residential dwelling;  
            d) the interest of a tenant in cooperative housing; or, e) the  
            interest of a residential dwelling in which title is held in  
            trust, pursuant to a specified definition of trust in the  
            Revenue and Taxation Code, which is either revocable, or where  
            the transferor of assets into the trust is also its  
            beneficiary.  Additionally, existing law tasks the Controller  
            with making the determination that the state's interest is  
            adequately protected in each PTP loan.  
            


            The definition of ownership interest in a property used to  
            determine eligibility does not currently include a special  
            needs trust.  A special needs trust is a specific type of  
            trust that can be created by individual beneficiaries, family  
            members, attorneys, or county public guardians or conservators  
            to benefit a person with a disability while allowing that  
            person to continue to be eligible for public benefits.  Many  
            programs like Medi-Cal and Supplemental Security Income,  
            require asset or income requirements that may disqualify a  
            beneficiary.  


            A special needs trust allows trustees to manage a  
            beneficiary's affairs, if they are unable to manage their own  
            affairs, and to ensure that the beneficiary continues to  
            receive essential services.  
            


            This bill expands the definition of ownership to include the  
            beneficiary of a special needs trust to the types of ownership  
            interests eligible to participate in the PTP program.  All  
            existing eligibility requirements in current law for potential  
            claimants to the PTP program would still apply.  









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          2)Author's Statement.  According to the author, "A special needs  
            trust is designed for beneficiaries who are disabled, either  
            physically or mentally.  Some special needs trust  
            beneficiaries have financial difficulty in meeting their  
            property tax obligations and meet the financial qualifications  
            for the Property Tax Postponement Program.  However, because  
            the trust itself, rather than the individual, is considered to  
            be the technical owner of the residence held in trust, special  
            needs trust beneficiaries are considered ineligible for the  
            program.  Thus, under current law, some special needs trust  
            beneficiaries who have financial difficulty meeting their tax  
            obligations may be forced to move from their homes because  
            they are not able to defer their tax burden.



            SB 909 would clarify that beneficiaries of special needs  
            trusts who meet all other criteria for participation are  
            eligible to apply for the property tax postponement program.   
            This bill will allow low-income, disabled individuals to stay  
            in their own home regardless of whether their homes are held  
            in trust."  


          3)PTP Program.  California has several property tax programs  
            benefiting elderly and disabled individuals, including  
            property tax reappraisal relief, property tax assistance, and  
            the PTP program.  Unlike the property tax assistance program  
            that refunds a percentage of property taxes paid, the PTP  
            program allows eligible homeowners to defer payment of all or  
            a portion of the property taxes on their residences.  Under  
            the PTP program, the Controller makes payments directly to  
            county tax collectors on behalf of individuals over the age of  
            62 or disabled persons with less than $39,000 annual income to  
            pay their property taxes.  In exchange for paying a claimant's  








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            property taxes, a lien is placed on the claimant's property.   
            The loan is secured by the property and is repaid when the  
            home is sold or refinanced.  


            The program was enacted in 1977, after the passage of a  
            constitutional amendment authorizing the postponement of  
            property taxes (California Constitution, Article XIII, 


            Section 8) and is administered by the Controller's Office.   
            The constitutional amendment was in response to concerns that  
            senior homeowners on fixed incomes could lose their homes  
            because of the inability to pay rising property tax bills.   
            Originally designed for persons over 62 years of age, the  
            program is now also available to eligible blind and disabled  
            persons, regardless of age.  
            On February 20, 2009, the PTP Program was indefinitely  
            suspended as part of the budget reductions to the state's  
            General Fund programs [SBx3 8 (Ducheny), Chapter 4, Statutes  
            of 2009].  The funding for the program was eliminated and the  
            Controller was prohibited from accepting any new applications  
            after February 20, 2009.  In response to the negative impacts  
            of the suspension of the PTP Program, AB 1718 (Blumenfield) of  
            2010 was introduced.  
            AB 1718 would have established the County Deferred Property  
            Tax Program for Senior Citizens and Disabled Citizens, but was  
            vetoed by Governor Schwarzenegger.  Subsequently, the  
            Legislature enacted AB 1090 (Blumenfield), Chapter 369,  
            Statutes of 2011, creating the County Deferred Property Tax  
            Program.  AB 1090 was substantially similar to AB 1718, except  
            that it did not allow the county treasurer-tax collector to  
            secure the deferral with a superior priority status lien.  

            In contrast to the PTP program that was funded exclusively by  
            General Fund moneys, the County Deferred PTP program was  
            self-financing.  It was funded by a participating county  
            through a fund to be established within its treasury.  Upon  
            adoption of a resolution by the county's governing body, and  








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            with the consent of the county treasurer, excess county funds  
            are deposited in the fund for the purpose of providing  
            property tax postponement loans to qualified claimants.  AB  
            1090 established uniform statewide eligibility criteria for  
            the claimants and certain rules and guidelines for a County  
            Deferred Property Tax program.   Since the passage of AB 1090,  
            the Legislature was only aware of one county (Santa Cruz  
            County) that implemented the optional program.  



            AB 2231 (Gordon), Chapter 703, Statutes of 2014, reinstated a  
            modified PTP Program to provide property tax deferment to  
            seniors and disabled persons and allows income-eligible senior  
            citizens and disabled persons to apply to the Controller to  
            defer payment of property taxes, beginning on July 1, 2016.   
            Though the funding for the previous program was eliminated in  
            2009, the statute remained.  


            


          4)Arguments in Support.  Santa Clara County argues that this  
            bill "will allow special needs trust entities to be qualified  
            claimants in the [PTP] program when the residential dwelling  
            held by the trust is occupied by its beneficiary who is a  
            senior or disabled.  This change will allow a special needs  
            trust beneficiaries to participate in the program.  The  
            ability to defer property tax payment will provide financial  
            relief for elderly and disabled people, enabling them to  
            remain in their homes."  


          5)Arguments in Opposition.  The Department of Finance "opposes  
            this bill because it exposes the General Fund to potentially  
            significant costs if the number of qualified special needs  
            trust applicants exceeds the available Program repayment  
            revenues."  








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          6)Double-Referral.  This bill is double-referred to the Revenue  
            and Taxation Committee.














          REGISTERED SUPPORT / OPPOSITION:




          Support


          Santa Clara County [SPONSOR]


          California State Association of Public Administrators, Public  
          Guardian, and Public Conservators


          The Arc and United Cerebral Palsy California Collaboration




          Opposition








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          Department of Finance




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