BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1329|
          |Office of Senate Floor Analyses   |                              |
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                                   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  








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            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,  








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                 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  








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          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  








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          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









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          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


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