BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1329| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1329 Author: Hertzberg (D) Amended: 5/31/16 Vote: 21 SENATE GOVERNANCE & FIN. COMMITTEE: 5-0, 4/13/16 AYES: Hertzberg, Beall, Hernandez, Lara, Pavley NO VOTE RECORDED: Nguyen, Moorlach SENATE JUDICIARY COMMITTEE: 4-2, 4/19/16 AYES: Moorlach, Anderson, Hertzberg, Wieckowski NOES: Leno, Monning NO VOTE RECORDED: Jackson SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16 AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen SUBJECT: Property taxation: certificated aircraft SOURCE: Author DIGEST: This bill extends for one year the lead assessor methodology to value certificated aircraft. ANALYSIS: Existing law: 1)Provides that all property is taxable unless explicitly exempted by the Constitution or federal law. 2)Limits the maximum amount of any ad valorem tax on real SB 1329 Page 2 property at 1% of full cash value, and precludes reassessment unless the property is newly constructed or changes ownership; however, assessors value personal property, such as certificated aircraft, each year. 3)Allows assessors to value certificated aircraft with "situs" in California on a fleet basis, defined as all aircraft owned by the taxpayer by make and model. 4)Apportions value among counties based on a weighted average of the fleet's ground and flight time (75%), and arrivals and departures (25%) measured only during the "representative period," currently designated by the Board of Equalization (BOE) as the second full in week in January. 5)Creates a lead assessor methodology for valuing certificated aircraft, and sets forth a methodology to calculate aircraft value (AB 964, Horton, Chapter 699, Statutes of 2006). The methodology: a) Requires owners of certificated aircraft to file one signed property statement for the taxpayer's personal property with a single assessor, which the owner can file using the Standard Data Record network. b) Allows owners to file one schedule for its certificated aircraft. c) Limits audits of certificated aircraft to one, led performed by a multi-county team. d) Establishes categories for mainline jets, regional aircraft, production freighters, and converted freighters, and sets forth a valuation methodology for each. i) States as a rebuttable presumption the aircraft value as the lesser of a historical cost basis, or 10% off (for a fleet adjustment) the wholesale price listed in the Airline Price Guide. ii) However, in no case may this value exceed the aircraft's original cost, and owners of certificated aircraft may rebut the presumption using appraisals, SB 1329 Page 3 invoices, and expert testimony (AB 384, Ma, Chapter 228, Statutes of 2010). e) Provides for an economic obsolescence adjustment, where assessors analyze the change in three variables to determine whether larger economic forces are diminishing the aircraft's value. f) Requires the California Assessors' Association to designate a lead assessor for each airline to calculate the unallocated value of the fleet, transmit that value to non-lead counties, receive the consolidated property statement, and lead the audit team. g) Sunsets after the 2016-17 fiscal year, after which certificated aircraft will revert to local assessment. This bill extends the current provisions of the lead assessor methodology to value certificated aircraft until the 2017-18 fiscal year. Background Until 1998, state law did not prescribe a specific method for assessors to determine the value of aircraft, resulting in years of disagreements and litigation between assessors and airlines. In 1998, the Legislature detailed a valuation methodology for certificated aircraft which was presumed to equal the fair market value of the aircraft for those years, enacting three bills to codify a settlement agreement between several counties and airline industry representatives. In 2003, the agreement expired, and assessors again locally valued aircraft without specific guidance from the Revenue and Taxation Code. In 2006, assessors and the airlines again agreed on a new valuation methodology, which sunset in the 2010-11 fiscal year. Under the agreement, a "lead assessor" values each airline's fleet. Instead of filing property statements with each county, airlines may instead file a single consolidated statement with a single assessor designated by the Aircraft Advisory Subcommittee of the California Assessors' Association. AB 964 (2006) also directed the lead assessor to audit the airline every four SB 1329 Page 4 years. After Governor Schwarzenegger vetoed the first bill that extended the sunset (AB 311, Ma, 2009), he signed a similar bill the next year, which extended the lead assessor model and the valuation methodology until the 2015-16 fiscal year, but differed from AB 311 by: Replacing language specifying value with a rebuttable presumption, Allowing the taxpayer to rebut the presumption with appraisals, invoices, and expert testimony, and Capping an aircraft's value at its original cost. Assessment of personal property, especially certificated aircraft, is inherently difficult. Not only are planes valuable, which leads to a larger range of disagreement, but the economic condition of the airline industry can change rapidly due to terrorist attacks, economic recessions, and mergers, all of which have occurred in recent years. The Legislature initially codified an assessment methodology after years of litigation resulted in settlement agreements. AB 964's methods of assessment were supposed to establish a very detailed methodology based on either an easily knowable cost basis or a well-known price index. However, that bill also created a safety valve that would reduce values due to obsolescence whenever a weighted average of three metrics fell 10% below its average for the past 10 years. Some airlines appealed assessors' valuations over different issues, including arguing that assessors erred by using an incorrect period to calculate the 10-year average, incorrect comparison information, and applied the incorrect base year. Assessors disagreed, and assessment appeals boards subsequently upheld the assessor's valuations. However, airlines subsequently filed suit in several counties to challenge that determination, and to preserve legal standing. Related/Prior Legislation AB 2622 (Nazarian, 2016) extends the lead assessor methodology SB 1329 Page 5 until the 2019-2020 fiscal year, and makes other procedural changes to the methodology. The bill is currently on the Assembly Floor. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Senate Appropriations Committee: The precise revenue impact of this bill relative to current law is unknown. Property tax revenues for the additional year utilizing the lead assessor methodology could higher or lower than what would have occurred absent the bill. Approximately 50 percent of property tax revenues statewide accrue to schools, which generally offsets state General Fund obligations pursuant to Proposition 98. Consequently, any change in the school share of property tax revenues that is attributable to the bill's impact on assessed values would, in turn, impact General Fund expenditures. Implementation costs for the BOE would be minor and absorbable. SUPPORT: (Verified5/31/16) Airlines for America Alaska Airlines American Airlines Southwest Airlines United Airlines OPPOSITION: (Verified5/31/16) None received SB 1329 Page 6 ARGUMENTS IN SUPPORT: According to the author, "The provisions outlined in current law relating to the centralized assessment of aircraft will sunset December 31, 2016. Unless extended, airlines would be required to file separate property statements and submit duplicative aircraft fleet information in every county in which they operated. In addition each county will be required to audit each carrier, if the air carrier's assessment qualifies as a mandatory audit in that county. Absent a uniform codified methodology, each county would have to calculate the total aircraft fleet value. Airlines would inevitable face uncertainty and delays on the valuation of their aircraft. A centralized process simplifies the valuation and taxation of certified aircraft, ensures statewide consistency in the base value of an aircraft fleet and promotes administrative efficiency for both carriers and counties. In extending the sunset date for the assessment of certified aircraft, SB 1329 continues to eliminate the need for multiple tax returns reporting the same information, and allows assessors to carry out their mandated responsibility to fairly assess all taxable property, within their jurisdiction, in an efficient manner. It is imperative that counties continue to assess aircraft in an administratively efficient manner as these assessments translate into approximately $30 million in local revenue." Prepared by:Colin Grinnell / GOV. & F. / (916) 651-4119 5/31/16 22:15:37 **** END ****