BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1480| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. SB 1480 Page 2 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 SB 1480 Page 3 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 SB 1480 Page 4 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 SB 1480 Page 5 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. SB 1480 Page 6 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, SB 1480 Page 7 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 **** END ****