BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 909


                                                                    Page  1





          Date of Hearing:  June 20, 2016 


                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION


                           Sebastian Ridley-Thomas, Chair





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


          Majority vote.  Fiscal committee.


          SENATE VOTE:  39-0


          SUBJECT:  Property tax postponement:  special needs trust  
          claimants


          SUMMARY:  Provides that a beneficiary of a special needs trust  
          may qualify for the Senior Citizens and Disabled Citizens  
          Property Tax Postponement (PTP) Program.  Specifically, this  
          bill:  


          1)Adds, to the list of ownership interests in a residential  
            dwelling qualifying for the PTP Program, the interest of a  
            beneficiary of a special needs trust, in which title is held  
            in trust, as described in Revenue and Taxation Code (R&TC)  
            Section 62(d).










                                                                     SB 909


                                                                    Page  2





          2)Imposes a state-mandated local program and provides that no  
            reimbursement is required because the only costs that may be  
            incurred by a local agency or school district will be incurred  
            by creating, eliminating, changing the penalty of, or changing  
            the definition of a crime, as specified.


          EXISTING LAW:   


          1)Establishes the PTP Program, which allows the State Controller  
            to loan funds to county tax collectors to pay property taxes  
            on behalf of individuals over the age of 62 or disabled  
            persons with less than $39,000 in annual income. 


          2)Requires the State Controller to secure repayment of any loan  
            by recording a lien against the claimant's property, which is  
            satisfied when the home is sold or refinanced.


          3)Restricts the PTP Program to a claimant's principal place of  
            residence, and any land reasonably necessary for the dwelling  
            to be used as a home, so long as it is owned by the claimant,  
            the claimant and spouse, the claimant and another individual  
            eligible for the Program, or members of the claimant's family,  
            as specified.  The claimant must be able to demonstrate an  
            ownership interest in the property.


          4)Defines "owned" in reference to ownership interests in  
            residential dwellings to include:


             a)   The interest of a vendee in possession under a land sale  
               contract, provided that it is recorded;


             b)   The interest of a holder of a life estate, but not  








                                                                     SB 909


                                                                    Page  3





               remainder or reversionary interests;


             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, as described in R&TC Section 62(d).


          5)Requires, in reference to included ownership interests in  
            residential dwellings, the State Controller to determine that  
            the state's interest is adequately protected.


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


          COMMENTS:  


           1)Author's Statement  :  The author has provided the following  
            statement in support of this bill:


               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.   








                                                                     SB 909


                                                                    Page  4





               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 or 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.


           2)Arguments in Support  :  Proponents of this bill state the  
            following:


               This bill will clarify the law to allow low-income persons  
               with disabilities to participate in the Senior Citizens and  
               Disabled Citizens Property Tax Postponement Law, regardless  
               of whether their homes are held in special needs trusts.   
               Preventing these Californians from staying in their homes  
               simply because their homes are in trusts, as one  
               interpretation of current law would require, may be the  
               ultimate unintended consequence of all time.


           3)Property Tax Postponement Program  :  The PTP Program was  
            originally enacted by a constitutional amendment (California  
            Constitution, Article XIII, Section 8.5) in 1977, in response  
            to concerns that senior homeowners on fixed incomes may lose  
            their homes because of the inability to pay rising property  
            tax bills.  The PTP Program was subsequently amended by voters  
            in 1984 to extend the program to eligible blind and disabled  
            persons, regardless of age.  


            In 2009, the Legislature indefinitely suspended the PTP  








                                                                     SB 909


                                                                    Page  5





            Program [SBx3 8 (Ducheny), Chapter 4, Statutes of 2009],  
            thereby prohibiting persons from filing new claims and the  
            State Controller from accepting applications in light of  
            diminishing home sales prices, which resulted in less loan  
            funds being paid back to the State Controller, and General  
            Fund budgetary constraints.  The PTP Program was reinstated in  
            2014 with additional provisions to help control costs (AB 2231  
            (Gordon), Chapter 703, Statutes of 2014), and the State  
            Controller is slated to begin accepting new PTP Program  
            applications later this year.


           4)Special Needs Trusts  :  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 in support of a person with a disability, while  
            simultaneously allowing that person to remain eligible for  
            public benefits.  Many government benefit programs, such as  
            Medi-Cal and Supplemental Security Income, have asset or  
            income restrictions that may otherwise disqualify a  
            beneficiary from receiving services, and assets in a special  
            needs trust do not count towards those restrictions.  A  
            special needs trust allows the beneficiary to remain eligible  
            for life-supporting public benefits, while the trustee manages  
            the beneficiary's assets held for other important matters such  
            as education.  However, there is no clear, comprehensive  
            definition of a special needs trust in state law.


            Current law allows the State Controller to accept PTP Program  
            applications from ownership interests held in trusts if the  
            trust is revocable, or if the transferor of assets into the  
            trust is also its beneficiary.  However, special needs trusts  
            do not always satisfy these criteria.  This bill would add the  
            interest of a beneficiary of a special needs trust to the list  
            of ownership interests the State Controller is allowed to  
            accept for the PTP Program, but again references R&TC Section  
            62(d), which describes revocable trusts or trusts in which the  
            transferor of assets into the trust is also its beneficiary.   








                                                                     SB 909


                                                                    Page  6





            As such, it is not clear what the practical effect of this  
            bill may be, as the State Controller already has discretion to  
            determine PTP Program eligibility for certain special needs  
            trusts on a case-by-case basis.  Nonetheless, if the purpose  
            of this bill is to clarify that beneficiaries of special needs  
            trusts who meet all other criteria for PTP Program  
            participation are eligible program applicants, it may be  
            preferable to restructure this provision to avoid duplicative  
            and potentially confusing language, as follows: 


               "?(4) the interest  , including the interest of a beneficiary  
               of a special needs trust,  in the residential dwelling in  
               which the title is held in trust, as described in  
               subdivision (d) of Section 62,  and (5) the interest of a  
               beneficiary of a special needs trust, in which title is  
               held in trust, as described in subdivision (d) of Section  
               62,  provided that the Controller determines that the  
               state's interest is adequately protected."


           5)Double Referral  :  This bill was double-referred to the  
            Assembly Committee on Local Government, which passed this bill  
            on June 15, 2016, on a vote of 9-0.  For additional discussion  
            of local government issues, please refer to the analysis  
            prepared by the Assembly Committee on Local Government.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          County of Santa Clara (Sponsor)










                                                                     SB 909


                                                                    Page  7





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


          The Arc and United Cerebral Palsy California Collaboration




          Opposition


          None on file




          Analysis Prepared by:Irene Ho / REV. & TAX. / (916)  
          319-2098