BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |SB 1126                          |Hearing    |4/27/16  |
          |          |                                 |Date:      |         |
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          |Author:   |Stone                            |Tax Levy:  |Yes      |
          |----------+---------------------------------+-----------+---------|
          |Version:  |2/17/16                          |Fiscal:    |Yes      |
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          |Consultant|Grinnell                                              |
          |:         |                                                      |
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                Property taxation:  inflation factor:  senior citizens



          Eliminates the inflation adjustment for the principal place of  
          residence of an income-eligible taxpayer over the age of 65.


           Background 

           The California Constitution provides that all property is  
          taxable unless explicitly exempted by the Constitution or  
          federal law.  The Constitution limits the maximum amount of any  
          ad valorem tax on real property at 1% of full cash value, plus  
          any locally-authorized bonded indebtedness, and provides that  
          assessors can only reappraise property whenever it is purchased,  
          newly constructed, or when ownership changes (Proposition 13,  
          1978).

          Proposition 13 also established Constitutional limits on the  
          inflationary growth of real property value to 2% per year.   
          State law implementing Proposition 13 generally sets a  
          property's value as its price when purchased or when ownership  
          changed, plus an annual inflation factor, calculated by the  
          Department of Industrial Relations using the California Consumer  
          Price Index for all items.  For example, a home purchased in  
          2011 for $300,000, has a maximum taxable base year value of  
          $306,000 in 2012, $312,200 in 2013, $318,440 in 2014, $325,808  
          in 2015, and $332,324 in 2016.  This base year value is then  
          multiplied by the appropriate rate (usually 1%, but can be  







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          slightly more) to determine tax due.  Reassessment limits and  
          capped inflation growth ensure a predictable, slowly growing tax  
          obligation for the taxpayer, and predictable revenue for local  
          agencies; however, these provisions may also result in a taxable  
          base year value below the property's fair market value, which  
          grows in magnitude the longer the assessor hasn't reassessed the  
          property.  In most cases, this system results in shifting the  
          cost of public services from incumbent homeowners onto  
          individuals who recently purchased property.

          The author wants to disconnect the inflation factor for  
          income-eligible seniors.


           Proposed Law

           Senate Bill 1126 eliminates the inflation adjustment for  
          taxpayers over the age of 65 with annual income of less than  
          $25,000 (single), or $50,000 (joint), essentially freezing the  
          affected taxpayer's base year value at its current amount, and  
          doing the same whenever eligible taxpayers turn 65.  The bill  
          applies to married couples where one taxpayer is over 65, but  
          the other isn't.  The measure applies to assessment years on or  
          after January 1, 2017.  




           State Revenue Impact

           According to the Board of Equalization (BOE), SB 1126 results in  
          annual property tax revenue losses of $27 million annually.  


           Comments

           1.  Purpose of the bill  .  According to the author, "For many in  
          California, finding enough money to buy a home has become  
          difficult.  For others, the challenge is not home ownership, but  
          finding ways to stay in the home they currently live in.  Many  
          senior citizens are on a very fixed income, with most of that  
          coming from Social Security and pensions.  With the rising costs  
          of health care and prescription drugs, and the economic  
          uncertainty taking place across the country, California's senior  








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          citizens find themselves in a very challenging time.  There is  
          nothing more important than the pride and freedom that comes  
          with home ownership.  For seniors at the lower end of the income  
          spectrum, the ability to stay in their own home is becoming  
          harder and harder, unless California finds ways to make the  
          American Dream more affordable.  SB 1126 is a small attempt to  
          bring financial relief to senior citizens, who want to stay in  
          their own home.  SB 1126 will help seniors avoid homelessness by  
          capping the property tax assessment for all senior citizens (age  
          65 or older) who meet the income requirements.  If the qualified  
          taxpayer is single, his or her household income is twenty-five  
          thousand dollars ($25,000) or, if the qualified taxpayer is  
          married, his or her combined annual household income is fifty  
          thousand dollars ($50,000) or less."

          2.   Too many benefits  ?  Proposition 13 provided property owners  
          in California with substantial protections from higher property  
          tax rates and annual reassessments.  SB 1126 would add to these  
          benefits by freezing an income-eligible taxpayer over the age of  
          65's base year value at its current amount.  However, California  
          already has the lowest property tax rates and most  
          taxpayer-friendly reassessment triggers of almost any state in  
          the nation, thereby providing significant benefits to property  
          owners, especially those that have been in their homes for many  
          years.  Taxpayers over the age of 55 can also transfer their  
          base year values to replacement homes of equal or lesser value  
          (Proposition 60, 1988, and Propositions 90 and 110, 1990).   
          Additionally, the State Controller administers the Property Tax  
          Postponement (PTP) Program, which allows the state to loan funds  
          to individuals over the age of 62 or disabled persons with less  
          than $39,000 in income per year to pay their property taxes to  
          the county tax collector.  The Controller secures repayment by  
          recording a lien against the claimant's property, which is  
          satisfied when the home is sold or refinanced.  As liens are  
          repaid, revenue flows back to the Controller, who in turn uses  
          these funds to pay property taxes for new applicants, up to $20  
          million annually; the Controller must shift any amounts received  
          above that amount to the General Fund.  While PTP was defunct  
          from 2009 until recently, the Controller may not have sufficient  
          current resources to grant every claim, but the Legislature  
          could appropriate more, or remove the requirement to shift funds  
          back to the General Fund.  The Committee may wish to consider  
          whether SB 1126's tax benefits are merited given those already  
          afforded under current law, or whether adding resources to PTP  








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          may be a better way of helping low-income senior taxpayers.

          3.   Testing  .  Generally, property tax benefits don't depend on  
          the taxpayer's income, with the exception of the disabled  
          veterans' exemption, which increases if the eligible taxpayer's  
          household income falls below a specified amount.  SB 1126 would  
          grant a new property tax benefit that is contingent on a  
          taxpayer's age and income, which would assist taxpayers who may  
          not have sufficient income to both pay taxes and meet other  
          needs.  However, assessors would incur expenses to verify that  
          taxpayers meet the bill's age and income requirements.  The  
          Committee may wish to consider whether the bill's expansion of  
          property tax benefits should depend on the taxpayer's income,  
          and whether it's worth the potential administrative costs  
          necessary to implement.

          4.   Different treatment  .  Proposition 13's cap on assessed value  
          growth currently benefits all taxpayers regardless of age,  
          income, or other variable.  SB 1126 sets a precedent by freezing  
          an income-eligible taxpayer over the age of 65's property tax  
          base at its amount today, as well as for other qualifying  
          taxpayers when they turn 65, while all other taxpayers would be  
          subject to annual inflation adjustments.  

          5.   Related legislation  .  SB 1126's elimination of the inflation  
          factor for income-eligible taxpayers over the age of 65 is  
          similar to another measure. SB 1104 (Stone), which would do the  
          same for military veteran taxpayers over the age of 65 is  
          currently set for the Committee's May 11th hearing.

          6.   Mandate  .  The California Constitution requires the state to  
          reimburse local governments for the costs of new or expanded  
          state mandated local programs.  Because SB 1126 changes the  
          manner in which assessors value real property, Legislative  
          Counsel says that it imposes a new state mandate.  The measure  
          provides that the state shall not reimburse local agencies for  
          property tax revenue losses, instead stating that should the  
          Commission on State Mandates determine that the bill imposes a  
          reimbursable mandate, reimbursement must be made pursuant to  
          existing statutory provisions.    

          7.   Technicals  .  BOE and Committee Staff recommend the following  
          technical amendments:









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                 On page 3, line 11, strike the second "taxpayer" and  
               insert "person that owns a dwelling as his or her principal  
               place of residence;" on line 12 after "older" insert "on  
               the lien date."

                 On page 3, lines 14 and 17, after income, insert "as  
               defined in Section 20504"

                 On page 3, line 20, after "older," insert "on the lien  
               date."

                 Specify filing requirements and deadlines for taxpayers  
               to claim the benefit, as assessors do not currently possess  
               age and income information for potentially eligible  
               taxpayers, including a process to continuously verify  
               income on annual basis.  

                 Apply the bill's enhanced benefits for owners of mobile  
               homes by amending Revenue and Taxation Code §5813.


           Support and  
          Opposition   (4/21/16)


           Support  :  Howard Jarvis Taxpayers Association


           Opposition  : California Tax Reform Association (unless amended).



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