David R. Doerr,
principal contributor Vol. XIV, No. 10 Hopes for quick passage of a somewhat comprehensive
conformity bill were dashed last week. When AB
10 (Corbett) reached the Senate Revenue and Taxation Committee last
Wednesday, all conformity provisions, save one, were stripped from the bill. As
approved unanimously by the committee, AB
10 now just conforms California tax law to federal provisions expanding
permitted operations of Real Estate Investment Trusts (REIT). This action turns the bill, originally scored as a slight
tax decrease, into an $8 million tax increase over three years. This could
cause problems when the bill returns to the Assembly for concurrence in Senate
amendments. It is assumed that, because it now raises revenue, the Senate
Democratic leadership will allow the bill to move through the Senate
expeditiously. Proponents told the Senate committee that conformity to
REIT provisions in federal law is needed because any REIT that seeks to
reorganize to take advantage of federal provisions will be disqualified by the
state. As amended, AB
10 conforms to the new REIT qualification rules, except no excise tax
will be imposed. It also adopts federal transition rules. Earlier last week, the Assembly, by a 56-14 vote, approved
AB
10 with a number of provisions from recent federal tax legislation. In
addition to the REIT provisions, it included conformity items on transportation
fringe benefits, deductibility of meals, cash options for qualified prizes,
elimination of certain tax credits from the tentative minimum tax and a number
of other provisions. It also conformed to a recent U.S. Supreme Court decision
requiring states to allow non-residents to deduct their proportionate share of
alimony payments. A more detailed description of AB
10, as it passed the Assembly, follows: Other legislative developments: Kings County voters last Tuesday rejected a
one-half cent increase in the sales tax to build a new jail. Meanwhile, voters
approved most other tax or bond measures on local ballots around the state. Measure B needed a simple majority to pass because it was
designed as a general tax – with the revenue not officially earmarked for the
jail. It was opposed by 51.88 percent of the vote. Measure A, which advised
county supervisors to finance construction of a $45 million jail, was approved
by 61 percent of the vote. Two of the more controversial local elections were held in
Fresno County, where voters went to the polls in adjacent Fresno and Clovis
school districts to act on bond measures that were among the first in the state
under rules of Proposition 39. This was last November’s statewide ballot
initiative that reduced the threshold of voter approval from 66.7 percent to 55
percent in regularly scheduled elections. The outcome is clear for Fresno Unified’s $199 million
Measure K, which squeaked by with 67.05 percent of the vote, just over the
two-thirds threshold. Clovis Unified’s $79 million Measure A received 64.38
percent of the vote. With less than two-thirds approval, there may be a legal
cloud over the Clovis measure. Backers of both measures said they needed only 55 percent
voter approval because the election was held at the same time as Clovis’
regularly scheduled municipal election. A few blocks of the Fresno district are
within the city limits of Clovis. An opinion of the California Legislative
Counsel is that neither Fresno nor Clovis qualified under the regularly
scheduled election criteria. In this case, the counsel opined, a district must
be totally within the boundaries of the city holding a regular election. As
special elections, each would require 66.7 percent voter approval. Whether the Clovis measure will be challenged in court
remains to be seen. Legal questions could affect the district’s ability to
market the bond. In other election results: Los Angeles County.
In Gardena, 59.7 percent of voters approved an increase in
the business license fees from $35 to $75 for certain businesses, such as auto
wreckers, barber shops, bowling alleys, restaurants, hospitals and hotels. A
sliding scale of fees involves cabarets and junk dealers. In Palos Verdes
Estates, measure A-01 received 87 percent of the vote, imposing a parcel
tax to provide $2.5 million a year for fire and paramedic services. In Azusa,
69.4 percent of voters approved Measure A, repealing the business tax exemption
for small businesses and requiring out-of-town businesses to pay business
license taxes based on a formula designed to count all gross receipts during a
calendar year. Measure B, approved by 66.7 percent, amends Azusa’s business
license tax on rental properties (four units or more) to charge a flat $125 tax
per unit, indexed to inflation, instead of the current formula based on gross
receipts. Voters in Commerce approved a business tax increase that will
amount to about $33,000 in its first year, according to the city’s finance
director, Tom Bachman. Measure A, approved by 58.4 percent of the vote,
increases the tax from $5.50 per employee and .0063 cents per square foot to $6
per employee and .007 cents per square foot. There also is a Consumer Price
Index escalator that is not to exceed 3 percent per year. In Hawaiian
Gardens, Measure A, a 9 percent transient occupancy tax, was supported by a
vote of 441-384, with about 140 absentee and provisional ballots to be counted. Kern County. Voters defeated Measure A in California
City, an $11 million school bond that would have increased taxes $112 a
year on a $75,000 home, and Measure B, a district wide 10-year parcel tax of
$25.50 to renovate schools in Mojave and other parts of the district. Santa Clara County. Sixty-eight percent of voters
approved Measure A, a $63 parcel tax for the five-campus Cambrian School
District near Campbell and Willow Glen. Santa Barbara County. A $125 tax on single-family
homes in what would have been the Orcutt Community Services District near
Santa Maria was opposed by 77 percent of the voters. Measure G2001 was to pay
for a library, a swimming center and other facilities. Sonoma County. A $48 parcel tax easily passed with
78 percent of the vote in the Kenwood School District. In Sebastopol’s Gravenstein
Union School District, a $36 parcel tax barely passed with 67.8 percent of the
vote (it needed 66.7). Contra Costa County. Two tax measures were defeated
in Hercules – Measure E, a 10 percent hotel tax, had 56 percent
approval, and Measure F, a surcharge on sporting and entertainment events, had
59 percent approval. Both needed 66.7 percent. The city has no hotels or arenas
where sporting or entertainment events could be held, but city officials say
they want to be prepared for the future. There are negotiations to build a
hotel at Highway 4 and Interstate 80. Meanwhile, in Walnut Creek,
Measure C, a $41 parcel tax for the school district barely passed with 66.9
percent support. An $85 parcel tax in the Acalanes Union High School
District (Measure B) won with 74 percent approval, nearly a year after a $111
parcel tax was rejected. Liberty Union High School District’s $40
million bond measure (Measure A) was approved by 72.1 percent of the vote.
Measure D, an increase in the annual parcel tax from $150 to $330 for added
sheriff’s patrols in Alamo’s Roundhill area, was overwhelmingly
approved, getting 80.3 percent of the vote. San Mateo County. A resounding 78 percent vote of
approval for Measure C will result in the sale of $8.65 million in bonds to
build a new library in Belmont. Voters in Woodside approved
Measure A, providing annual increases up to 4 percent in the current $196
parcel tax for the 480-student, one-school district. Property owners 65 and
older can apply for an exemption. In Burlingame, Measure B needed
two-thirds approval but got 58 percent, so the proposed $365 parcel tax was
rejected. It would have tripled the annual taxes paid by property owners to
support the Burlingame School District. Orange County. Voters in Buena Park rejected
Measure P, a 30-year parcel tax to fund construction of a $15 million police
headquarters. The measure, which would have raised taxes up to $30 a year on
single-family residences, received 55.8 percent of the vote. It needed 66.7. Marin County. A $121 million bond to improve
Tamalpais Union High School District facilities was approved. The largest bond
issue ever proposed in Marin County, Measure A garnered 67.8 percent of the
vote. It will raise property taxes $32.80 per $100,000 of assessed value each
year for 29 years. San Joaquin County. A $1.4 million bond for the
Banta Elementary School District fell five votes shy of the needed two-thirds
margin. The vote was 135 to 74, or 64.6 percent in favor. If they put the
measure on the March 2002 ballot, part of a regularly scheduled statewide
primary election, the approval threshold will be 55 percent. Governor Gray Davis’ State and
Consumer Services Agency has rejected the Franchise Tax Board’s proposed protest
regulations. In a letter last week
notifying FTB Executive Officer Gerald Goldberg of the decision, Larry W.
Kreig, deputy secretary and general counsel of the agency, wrote that the
agency found that the proposed regulations “could adversely impact state
revenues and increase state costs.” Further, Mr. Kreig invited the
board to adopt new protest regulations that codify the FTB’s administrative
policies that were invalidated as underground regulations by the Office of
Administrative Law. Taxpayers have voiced strong objections to those procedures
and would be expected to continue to oppose their adoption. The key provisions in the
rejected protest regulations would have shortened the time for FTB action on a
protest from 33 months, which is an average time now taken, to 24 months. They
also would have prohibited a re-audit of a taxpayer as part of the protest
process unless the taxpayer had opened up new issues or failed to provide
information during the audit. The legal authority for the
agency secretary to kill proposed regulations has been bootstrapped from Government
Code Section 11349.1, requiring fiscal estimates to accompany regulations
and a State Administrative Manual provision that the agency secretary (Aileen
Adams in this case) has to sign the fiscal estimate form. Government
Code Section 12804 places the FTB in the State and Consumer Services
Agency. Cal-Tax President Larry
McCarthy said the demise of the protest regulations is regrettable, especially
since California tax administration has been rated as one of the most unfriendly
toward taxpayers in a national survey by CFO Magazine. Senate President Pro Tem John
Burton urged the agency secretary to reject the regulations in a press release
issued on February 27 – one day after the agency’s letter of notification to
Mr. Goldberg was dated. At the urging of Board of
Equalization Member Dean Andal, who was a member of the FTB last year, and
state Controller Kathleen Connell, the
three-member FTB adopted the protest regulations last fall. When the Davis
administration objected to an FTB request for additional staff, holding up the
regulations, the FTB directed staff to delete the request for additional staff
from the 2001-02 budget and resubmit the regulations. In his February 26
memorandum, Mr. Kreig told Mr. Goldberg that the FTB’s “latest conclusion that
these regulations will have neither budgetary impact on the FTB nor fiscal
impact on the state of California is not credible.” Mr. Andal has said that the
new protest regulations would result in more timely resolutions of FTB-taxpayer
disputes, bringing the state more than $1 billion in general fund revenue. Shut out by the state’s
highest court, counties are shifting their sights to the ballot for a possible
initiative effort to stop the state’s shift of $4 billion a year in property
taxes away from local governments. The California Supreme Court
on February 28 refused to hear local government’s argument that the state
should reimburse cities and counties for property tax revenues that the state
shifted to schools starting in 1992. A Sonoma County Superior Court
judge had ordered a $15 billion reimbursement, which was overruled last
November by the state appellate court in San Francisco. The Supreme Court
decided it would not review the case in which locals cited a constitutional
mandate for state reimbursement of new local programs and services. The
appellate court, however, ruled that reimbursement would be allowed only for
new state-mandated spending, not for costs of current programs. After losing in court, a
proposed ballot initiative to prevent further tax transfers moves to the
forefront. The California State Association of Counties has already committed
$100,000 to explore such a campaign and will discuss initiative strategy at a
meeting in April, according to a March 3 Copley News Service report. The Santa Rosa Press
Democrat quoted Sonoma County Administrator Mike Chrystal: “This ruling
closes the door on our legal options but the focus now will be on getting the
state law changed.” The transfer of property tax
revenue from cities and counties to education began when the state, facing a
deficit in 1992, diverted $3.4 billion to education in lieu of general fund
spending. Cities and counties have made reimbursement and an end to the shift a
top priority in their lobbying of the Legislature and governor. However,
Governor Gray Davis vetoed a bill last year that would have limited future
revenue shifts. Last summer’s state budget
action provided $212 million in additional funding to locals. The governor’s
budget proposal for 2001-02 contains an additional $250 million for cities and
counties. Proponents of the property tax
shift have said that locals’ property tax losses have been mitigated by a state
takeover of trial court costs and the dedication of some sales tax revenue to
local criminal justice programs. Counties are expressing
concern that Governor Gray Davis’ plan to purchase transmission lines from PG&E
and Southern California Edison could reduce property taxes by a significant
amount. Butte County CAO John
Blacklock said the impact in his county alone would be close to $4 million of
lost property tax revenue. According to the Chico Enterprise, he also
noted that, because the state will backfill the schools’ property tax loss, the
total cost to state taxpayers for acquiring the transmission lines will be more
than the purchase price. The Enterprise reported
that Wesley Lujan of the Regional Council of Rural Counties, in a letter to the
governor, attacked the plan. He argued that the state lacked “a comprehensive
land-use policy that provides a common vision.” San Luis Obispo County, site
of PG&e’s Diablo Canyon
Nuclear Power Plant, will lose between $5 million and $6 million, said
Auditor-Controller Gene Sibbach. According to the San Luis Obispo Tribune,
local officials met with Senator Jack O’Connell and a representative of the
governor’s office to discuss the issue. Mr. Sibbach said one solution would be
to have the state reimburse local governments for the reduction in property tax
revenues. Tax Credit: Energy-Efficient Heating and Cooling Systems. AB
102X (Wayne) establishes a 25 percent tax
credit for the cost of purchasing an energy-efficient heating and cooling
system. Sales Tax:
Fresno Zoo. SB
1187 (Costa) authorizes the Fresno Zoological Authority, which the bill
authorizes county supervisors to create, to impost a 0.1 percent sales tax for
zoo purposes, with two-thirds voter approval. Sales Tax Exemption: Diesel Fuel. AB
19X (Briggs) was amended on March 7 to
limit a proposed diesel fuel sales tax exemption to diesel fuels used in
farming this summer only. Tax Incentives for Power Generation. AB
27X (Koretz), a bill establishing tax
credits and a sales tax exemption for power generation equipment, was amended
to provide for a six-year carryforward for unused credits and a refund of the
amount of the unused credit from sales taxes. Energy Conservation. AB
29X (Kehoe) was amended on March 5 to
delete a proposed tax credit for installation of energy-efficient
refrigeration. Energy Conservation. SB
19 (Escutia) was amended on March 1 to
delete provisions that would have earmarked the sales tax from sales of
carbonated beverages. Sales Tax Exemption: Electricity Generating Property. SB
1X (Soto) was amended on March 1 to expand
the types of electricity generating property that would qualify for a proposed
sales tax exemption. Added to the bill are solar thermal water heating systems
and generators operated by renewable biomass fuel. Property
Tax Allocation: Generating Property. SB
28X (Sher) was amended on March 5 to add to a power plant siting bill a
provision allocating the property tax revenue from new electric generating
property assessed by county assessors to the jurisdictions in the rate area in
which the plant is located in the same percentage as other locally assessed
property. UUT UPDATE. More grist for the utility user tax
(UUT) mill: From the Daily Review
(March 4) is a report that skyrocketing electricity and natural gas
costs may be generating an unexpected windfall for San Leandro through
the city’s UUT. Mike Betts, owner of Betts Springs Company, says his company’s
monthly gas bills have jumped from $15,000 to $45,000. However, city Finance
Director Tim Hansen said it was too early to tell whether the city’s 6 percent
tax will produce enough to overcome possible declines in sales tax revenues if
people are buying less because they’ve had to cut back due to higher utility
bills. “In a community like this, when people spend money on energy, they’re
not spending it on cars or at stores, and the city loses sales taxes.” Also,
Mr. Hansen said there would be a cost involved in setting up a bureaucracy to
screen those who would qualify for UUT rebates. Should there be rebates,
especially to seniors? Everything is on the table, said Council Member Garry
Loeffler. Meanwhile, the Press Democrat in Sonoma County reported March
3 that Santa Rosa city officials don’t believe the hundreds of thousands
of dollars in additional revenue from its 5 percent UUT is windfall revenue.
They think it is likely to cover just the city’s higher energy costs. In Modesto,
the City Council last week ordered staff to prepare alternatives for UUT
relief, the Modesto Bee reported. One option is an outright reduction of
the 6 percent rate, but officials noted that restoration of the rate later on
would require a vote of the people. City Finance Director Rob Stout suggested
that the $780,000 city windfall, the amount of revenues above what the city
expects to pay in higher energy bills, be used to fix roads. The council
decided it needed more information before bringing the issue to a vote, perhaps
this Tuesday night. Fairfield (Solano County) City Council members last
week decided the city cannot afford to provide residents relief from the rising
UUT because the city’s own energy bills are going up and the money is needed to
continue paying for more police officers. “Doing away with this (UUT) is like
doing away with the heart of the city,” Mayor George Pettygrove said. “We need
those police officers.” The city’s 2 percent UUT was imposed four years ago so
the city could hire 20 police officers, according to the Daily Republic.
The council had asked staff to examine the effects of a temporary rollback of
the UUT to help out residents, especially senior citizens. Members of the Pacific
Grove City Council last week decided not to lower its utility tax, The
Herald of Monterey County reported. The 5 percent tax brings in $1 million
in annual revenue. City Manager Ross Hubbard said that altering the ordinance
could open the city to a taxpayer challenge to try to eliminate the tax
altogether. “There’s a significant concern that we may lose the ability to have
a utility tax at all,” he said. PROPERTY TAX UP
SUBSTANTIALLY. Property assessed value increased by 7.8 percent in 2000,
according to State Board of Equalization Chair Claude Parrish. Total
assessed value in the state is $2.355 trillion. The increases by county ranged
from a low of 0.5 percent in Colusa County to 12.6 percent in prosperous Placer
County. Santa Clara County came in with a 9.8 percent increase, while Alameda
and Orange Counties registered a 9.6 percent gain. Los Angeles County, with a
$590.5 billion assessment roll, posted a 6.5 percent growth in value. The full
report is online at www.boe.ca.gov. ECONOMIC WARNING. Los
Angeles Controller Rick Tuttle, echoing what state Legislative Analyst
Elizabeth Hill has said, told the mayor and City Council on March 1 that the
city is facing “one of the most uncertain projections for the next year that I
have ever seen.” He has been the controller for nearly 16 years. He urged Mayor
Richard Riordan and the council to exercise prudence as they deal with the
2001-02 budget, which is expected to exceed $3 billion, The Los Angeles
Times reported. While growth has been strong, he said revenues will be down
next year. “ … we are experiencing a slowdown and may possibly be heading into
a recession,” Mr. Tuttle said. The economic outlook is further clouded by the
state’s energy crisis, he noted. The mayor’s budget proposal is due in April. TAX $$$ @ WORK: Lodi’s Bus Shelter. In September
1998, Lodi officials approved plans for a bus stop shelter with a projected
cost of $55,000 from federal transit funds, reports Jeff Hood of the Stockton
Record (February 25). It’s been built – for $145,133! Granted, it is
lighted, has a five-person bench of concrete blocks, and a windscreen. It’s at
Washington and Oak streets, one of the city’s busiest bus routes. The columnist
checked the prices on homes for sale, finding a five-bedroom, 1,900-square-foot
dwelling for $145,000. The shelter was built by Diede Construction, whose
president, Steve Diede, said it cost so much because of needed sidewalk,
street and gutter repairs. “It’s a decorative structure,” he said. “I don’t
know what other bus shelters go for, but it’s a nice bus shelter, and it’s made
a nice appearance for the city in that area.” Mr. Hood wrote that even if
$40,000 is put aside for landscaping, there would be enough money to pay for 29
covered shelters with three walls that cost $3,600 in the Central Arkansas
Transit Authority. TAX $$$ @ WORK: Sanctioned Hookie? After stirring
up controversy, the San Francisco Board of Education decided last Monday (March
5) not to send hundreds of high school students and their teachers to an affirmative
action rally at UC-Berkeley. The field trip was canceled due to “unresolved
safety and traffic issues,” according to the district statement. It was issued
after the San Francisco Chronicle reported that the school board had
voted to allow students to skip classes and be bused to Berkeley to participate
in a March 15 “Day of Action” rally for racial preferences in University of
California admissions. The district had planned to provide eight buses for an
expected turnout of 500 students for the all-day trip. However, The Chronicle
quoted a member of the state Board of Education, retired Principal Nancy
Ichinanga, as saying, “I don’t think kids should be used to support the
ideological stance of adults. There are very few reasons that kids should be
taken out of school – and that’s not one of them.” San Francisco schools should
stick to education, not activism, said UC Regent Ward Connerly, sponsor
of Proposition 209, which bans racial preference in hiring and university
admissions. Mark Sanchez, San Francisco school board member who drafted
the resolution, said, “I don’t think it’s contrived to say that this is a
history lesson for the kids. It’s more hands-on than they’ll get in the
classroom. It’s certainly the sort of field trip I wished I had growing up.”
The purpose of the demonstration is to lobby regents to reverse a decision
against racial preferences, although Mr. Connerly said the issue has been
settled by voter approval of Proposition 209. And what about the tax dollars
that the district receives based on attendance? Mr. Sanchez said the money
wasn’t jeopardized because students
would show up at their schools and be counted for attendance purposes before
going to the rally. “This city is unified in its support of affirmative action
and civil rights,” Mr. Sanchez told The Chronicle. “I don’t think anyone
will have a problem with this.” SHERMAN WARNS OF FATAL
SUMMER. Congressman Brad Sherman, speaking March 6 to the House
Energy and Commerce Committee, urged an extension of daylight-saving time an
extra hour to help California and other states in the region during the energy
crisis, reported The Sacramento Bee. The former member of the State
Board of Equalization said: “People will die in California because of this
crisis.” The Bee concluded that none of the ideas from the California
congressional delegation seemed to catch fire at the House hearing. WHERE ARE THEY NOW? Wesley
Chesbro, last session’s Senate Revenue and Taxation Committee chair, has
been appointed to the Senate Committee on Health and Human Services, where he
is chair of the Aging and Long Term Care Subcommittee. He says Senate Leader John
Burton told him he will be appointed chair of the Senate Budget Committee’s
subcommittee dealing with spending on health and human services, labor and
veterans affairs. Capitol Morning Report also noted that last session’s
Senate Appropriations Committee chair, former Senator Pat Johnston, will
lobby the executive branch for the California Applicants Attorneys Association. FRESNO ARTS TO ZOO SALES TAX: POSTMORTEM ON DEFEAT. Supporters
of Fresno’s “Arts to Zoo” sales tax proposal, which was defeated by voters last
November, are planning to spend their last $5,000 on a study of why the measure
didn’t pass. Consultant Sue Hutchinson told the Fresno Bee that,
while she does not need more analysis, others might because they “grieve” over
a lost election. She said she would analyze voting patterns by precincts. DESERT HOT SPRINGS PARCEL TAX REVENUES LAG. Crummy
revenue estimating is not just a state government phenomenon. The city of
Desert Hot Springs estimated it would receive $1.1 million in added revenues
from the parcel tax approved last June. Council member Mary Stevens told
the City Council last week that there is a $184,000 shortfall in anticipated
revenues. March 12 FTB TOWN HALL
MEETING ON BEST AUDIT
PRACTICES March 12 ASSEMBLY REVENUE AND TAXATION COMMITTEE
HEARING April 18: CAL-TAX
75th ANNIVERSARY MEMBERS MEETING
Ronald W. Roach, editor
March
12, 2001
SENATE PANEL APPROVES REIT CONFORMITY
LOCAL ELECTIONS ROUNDUP: VOTERS REJECT SALES TAX HIKE IN KINGS COUNTY; MOST
LOCAL BOND OR TAX MEASURES WIN AT THE POLLS
DAVIS ADMINISTRATION KILLS FTB PROTEST REGULATIONS
HIGH COURT REJECTS LOCALS’ REVENUE SHIFT CASE
COUNTIES: GOV. DAVIS’ ENERGY PLAN MIGHT CAUSE PROPERTY TAX
SHORTFALL
NEW LEGISLATION OF INTEREST
NEW WINE IN OLD BOTTLES
POTPOURRI: SYMPOSIA, SIGHTINGS, SALUTES & SNAFUS
COMING UP
Location:
Oakland Marriott,
1001 Broadway, at 9:30 a.m.
Location:
Subjects:
Room 126, State Capitol,
Sacramento
AB
26 (Nation), relating to a Scholarshare trust tax credit; AB
44 (Wiggins), regarding earthquake tax relief, and AB
136 (Corbett), regarding the property tax hand tool exemption.
Location:
Sacramento Convention Center,
Sacramento