BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1126 (Stone) - Property taxation:  inflation factor:  senior  
          citizens
          
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          |Version: May 4, 2016            |Policy Vote: GOV. & F. 7 - 0    |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 16, 2016      |Consultant: Robert Ingenito     |
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          This bill meets the criteria for referral to the Suspense File.




          


          Bill  
          Summary: SB 1126 would eliminate the inflation factor-related  
          assessed value increase for the principal place of residence of  
          an income-eligible taxpayer over the age of 65.


          Fiscal  
          Impact: The Board of Equalization (BOE) indicates that the bill  
          would result in annual property tax revenue losses of $27  
          million. Reductions in local property tax revenues, in turn,  
          increase General Fund Proposition 98 spending by up to roughly  
          50 percent (the exact amount depends on the specific amount of  
          the annual Proposition 98 guarantee, which in turns depends upon  
          a variety of economic, demographic and budgetary factors).  







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          Additionally, the bill could result in unknown, but likely  
          minor, costs to reimburse local governments related to changes  
          in property tax administration.


          Background: The California Constitution provides that all property is  
          taxable unless explicitly exempted by the Constitution or  
          federal law. The Constitution (1) limits the maximum amount of  
          any ad valorem tax on real property at 1 percent of full cash  
          value, plus any locally-authorized bonded indebtedness, and (2)  
          provides that assessors can only reappraise property whenever it  
          is purchased, newly constructed, or when ownership changes  
          (Proposition 13, 1978). Proposition 13 also limits on the  
          inflationary growth of real property value to 2 percent per  
          year.  
          Thus, when real property is purchased, the county assessor  
          assigns it an assessed value that is equal to its purchase  
          price, or "acquisition value." Each year thereafter, the  
          property's assessed value increases by 2 percent or the rate of  
          inflation (as measured by the California Consumer Price Index),  
          whichever is lower. This process continues until the property is  
          sold, at which point the county assessor again assigns it an  
          assessed value equal to its most recent purchase price. In other  
          words, a property's assessed value resets to market value (what  
          a willing buyer would pay for it) when it is sold. In most  
          years, under this assessment practice, a property's market value  
          is greater than its assessed value. This occurs because assessed  
          values increase by a maximum of 2 percent per year, whereas  
          market values tend to increase more rapidly. Therefore, as long  
          as a property does not change ownership, its assessed value  
          increases predictably from one year to the next and is  
          unaffected by higher annual increases in market value.


          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 percent, but can be slightly more) to determine tax  
          due. 


          Reassessment limits and capped inflation growth ensure a  
          predictable, slowly growing tax obligation for the taxpayer, and  








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          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.




          Proposed Law:  
          Beginning January 1, 2017, this bill would eliminate future  
          inflation factor increases for qualified homeowners 65 years of  
          age or older. To qualify, the person must have an annual  
          household income of $25,000 or less if single, or $50,000 or  
          less if married. In the case of a married couple, only one  
          person must be 65 or older. This limitation only applies to a  
          person's principal place of residence, as defined. As a tax  
          levy, this bill is effective immediately upon enactment.  
          However, according to the bill's provisions, it will first apply  
          to property taxes due for the 2017-18 fiscal year, which are  
          based on January 1, 2017 lien date values.


          Related  
          Legislation: AB 2459 (Davis, 2008) would have authorized any  
          county board of supervisors to allow persons 62 or older with  
          total household income below a specified amount to trade their  
          time and skills performing needed government services to offset  
          their property taxes. This bill was held under submission in the  
          Assembly Appropriations Committee.


          Staff  
          Comments: Using previous example, had this bill's provisions  
          been in effect, a qualifying taxpayer would have seen a property  
          tax reduction (assuming the basic one percent rate) of $60 in  
          2012, rising to $65 by 2016. 
          BOE's revenue estimate utilizes U.S. Census data, which indicate  
          that about 750,000 homes in the State are owned by those  
          residents aged 65 years or older. The Census also provides data  
          on the median household incomes of seniors 65 and over, and  
          other details on living arrangements among that group. Based on  








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          that data, BOE estimates that up to 375,000 homes would qualify  
          under the bill.


          In 2015-16, the average assessed value of homes receiving the  
          homeowners' exemption was $358,217. Using this information, and  
          assuming that annual inflation would exceed the 2 percent cap,  
          BOE estimates the bill would result in an annual revenue loss of  
          $27 million. Reductions in local property tax revenues, in turn,  
          increase General Fund Proposition 98 spending by up to roughly  
          50 percent (the exact amount depends on the specific amount of  
          the annual Proposition 98 guarantee, which in turns depends upon  
          a variety of economic, demographic and budgetary factors).




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