BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1480|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 1480
          Author:   Committee on Governance and Finance   
          Amended:  6/8/16  
          Vote:     21 

           SENATE GOVERNANCE & FIN. COMMITTEE:  7-0, 4/20/16
           AYES:  Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,  
            Pavley

           SENATE FLOOR:  37-0, 4/28/16 (Consent)
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno,  
            Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach,  
            Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone,  
            Wieckowski, Wolk
           NO VOTE RECORDED:  Hernandez, Runner, Vidak

           ASSEMBLY FLOOR:  79-0, 6/23/16 (Consent) - See last page for  
            vote

           SUBJECT:   Property taxation


          SOURCE:    California Assessors Association
                     California Association of County Treasurer-Tax  
          Collectors
                     State Board of Equalization


          DIGEST:  This bill strikes the current deadline for appealing  
          assessments to the Board of Equalization (BOE) of previously  
          taxable properties owned by local government but located in  
          other jurisdictions, and replaces it with November 30th.









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          Assembly Amendments insert provisions that delete the specific  
          form of a card currently exempt taxpayers use to reaffirm  
          eligibility for the welfare exemption and restore a previously  
          existing authorization for tax collectors.


          ANALYSIS:   


          Existing law:


           1) Provides that all property is taxable and shall be assessed  
             at the same percentage of fair market value, unless  
             explicitly exempted by the California Constitution or federal  
             law.


           2) Exempts property owned by a local government from taxation,  
             unless the property is located outside the boundaries of the  
             local government that owns it, and the property was taxable  
             before its acquisition, in which case the assessor in the  
             county where the property is located values it for tax  
             purposes.


           3) States that assessment of these properties shall be subject  
             to review, equalization, and adjustment by the BOE, not the  
             assessment appeals board.


           4) Sets a deadline for local agencies to file appeals for these  
             assessments with BOE of either July 20th, or two weeks from  
             the date the assessor delivers the property tax roll  
             containing the assessment to the auditor, usually around  
             mid-August, whichever is later.


           5) Allows the Legislature to exempt property used for  
             charitable purposes, and owned by nonprofit entities  
             organized and operated for charitable purposes, such as  








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             universities, hospitals, and libraries.  


           6) Details, specifically, certain property tax forms by  
             including the exact contents of the form in the law.   
             However, in recent years, the Legislature has enacted bills  
             that deleted from law the specific contents of the form,  
             instead providing that forms should contain specified  
             information, and be prescribed by the BOE in consultation  
             with the California Assessors' Association (CAA).


           7) Requires taxpayers to annually verify eligibility for the  
             welfare and veterans' exemption from property tax, and sets  
             forth a process to do so; however, taxpayers who received the  
             exemption the previous year need not reapply in subsequent  
             years, so long as title to the property hasn't changed, and  
             the property continues to be used for an exempt purpose.


           8) Requires assessors to send a notice to taxpayers who  
             currently qualify for the welfare exemption, along with a  
             card that sets forth specific questions for taxpayers to  
             answer to reaffirm eligibility, which the taxpayer then  
             returns to the assessor.


           9) Allows tax collectors to sell property after falling into  
             delinquency and tax default for non-payment of property  
             taxes, known as a tax sale, after approval by the county  
             board of supervisors, and noticing specified parties.


           10)Directs the auditor to allocate tax sale proceeds first to  
             pay for specified costs incurred by the tax collector, second  
             to taxing agencies with valid claims, and lastly to the tax  
             collector to pay for notices and contacting taxpayers.  After  
             that, proceeds satisfy liens held by parties in interest.


           11)Considers any amounts left over after the above claims are  
             satisfied "excess proceeds," and requires the auditor to  








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             transfer them to the county general fund (AB 2257, Cooley,  
             Chapter 501, Statutes of 2014).  However, that bill struck  
             prior language which allowed the tax collector to deduct from  
             excess proceeds the costs of maintaining the redemption and  
             tax-defaulted property files, and those costs of  
             administering and processing the claims for excess proceeds.


          This bill:


           1) Strikes the current deadline for appealing assessments to  
             BOE of previously taxable properties owned by local  
             government but located in other jurisdictions, and replaces  
             it with November 30th.


           2) Deletes the specific questions that must appear on the card  
             that the assessor must send to taxpayers currently qualifying  
             for the welfare exemption, and instead directs BOE to  
             prescribe the contents of the notice and any other required  
             information in consultation with the CAA.


           3) Reenacts previous law which allowed the tax collector to  
             deduct from excess proceeds the costs of maintaining the  
             redemption and tax-defaulted property files, and those costs  
             of administering and processing the claims for excess  
             proceeds.

          Background


          The California Constitution provides unique treatment for  
          property owned by a local agency, but located outside its  
          boundaries, and taxable before the local agency acquired it.   
          These are known as "Section 11 properties" after the Section of  
          Article XIII that provides for its property tax treatment.  The  
          deadline for the local government to appeal the assessment to  
          BOE is inconsistent with all other assessment appeals deadlines,  
          currently either September 15th or November 30th, depending on  
          whether the assessor mails notices by certain dates.  This  








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          bill's revised deadline is more familiar than the current one,  
          and will give the local agency more time to decide whether to  
          appeal.  According to BOE, counties filed five appeals in the  
          last 20 years, with four settled, and BOE deciding one.  BOE  
          adds that no appeals are currently pending.


          Once qualified for the welfare exemption, the recipients must  
          annually verify their eligibility.  Existing law requires county  
          assessors to send an annual notice to recipients, along with a  
          card that contains specific questions relating to the property's  
          exempt purpose.  The questions and the contents of the card are  
          prescribed by the state statute - Revenue and Taxation Code  
          Section 254.5.  The CAA asserts that this statutory prescribed  
          form is inefficient.  The majority of the forms related to  
          property tax administration are developed by the BOE, after  
          consultation with the CAA.  Furthermore, the use of that card is  
          unnecessary as taxpayers may file with the county assessor  
          electronically.  


          Once a tax-defaulted property is sold, tax sale proceeds must be  
          distributed to the State, the county and taxing agencies to  
          reimburse them for costs incurred and for the amount of  
          defaulted taxes.  Following these distributions, lienholders and  
          the former owner may claim proceeds in excess of the taxes and  
          cost of the sale.  Finally, any remaining amounts not otherwise  
          claimed may be transferred to the county general fund.  These  
          amounts are known as "excess proceeds."   Prior to 2014, "excess  
          proceeds" were dispersed in the final round of distributions to  
          the local taxing agencies entitled to share in the proceeds.   
          However, the county was authorized to deduct the costs of  
          maintaining the redemption and tax-defaulted property files as  
          well as the costs of administering and processing the claims for  
          "excess proceeds" prior to the final distribution.  The law was  
          changed in 2014 to allow the county auditor to transfer excess  
          proceeds to the county general fund instead of dispersing the  
          funds to the taxing agencies.  Inadvertently, the language  
          authorizing the counties to recover the costs of administering  
          "excess proceeds" was deleted from the statute.  










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          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          Unknown with recent amendments.


          SUPPORT:   (Verified6/24/16)


          California Assessors' Association (co-source)
          California Association of County Treasurer-Tax Collectors  
          (co-source)
          State Board of Equalization (co-source)


          OPPOSITION:   (Verified6/24/16)


          None received


          ARGUMENTS IN SUPPORT:   According to the author, "SB 1480  
          consolidates three technical changes to property tax law into a  
          single property tax administration omnibus bill.  While SB  
          1480's changes don't significantly alter current policy, the  
          measure simplifies three sets of procedures within property tax  
          administration, one for each of the State Board of Equalization,  
          assessors, and county tax collectors.  These improvements make  
          the current system of appealing Section 11 decisions,  
          reaffirming taxpayer eligibility for the welfare exemption, and  
          managing the tax sale system more efficient.  All of the  
          measure's changes enjoy universal support; should anyone object,  
          any provision will be removed."
          
          ASSEMBLY FLOOR:  79-0, 6/23/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  








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            Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,  
            Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas,  
            Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,  
            Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  O'Donnell



          Prepared by:Colin Grinnell / GOV. & F. / (916) 651-4119
          6/24/16 14:33:57


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