HomeMy WebLinkAboutMINUTES - 02131990 - 1.37 -1-037 M
TO: BOARD OF SUPERVISORS
.. Contra
FROM: Costa
Phil Batchelor, County Administrator
February 5 , 1990 `'' County
DATE: sr �i
SUBJECT: LEGISLATION: AB 2654 (Hunter)
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECONIIUUDATION
Adopt a position of SUPPORT for AB 2654 by Assemblywoman Hunter
which would exempt, following an initial certification, a
non-profit corporation leasing publicly owned real property for
the primary purpose of facilitating the construction and
operation of public facilities from having to refile financial
statements each year to document that the corporation is eligible
for the welfare exemption from payment of property taxes on its
projects.
BACKGROUND:
Under existing law, in order to qualify for the welfare exemption
from paying property taxes, affidavits and financial statements
of the owner and operator of the properties sought to be exempted
must be filed with the Assessor on or before March 15 of each
year. This requirement applies as well to a non-profit
corporation which exists primarily to lease real property in
order to facilitate the construction and operation of public
facilities, such as the Contra Costa Public Facilities
Corporation, which the County uses as the vehicle with which to
construct and lease most new county facilities. Having to submit
this identical paperwork each year is a substantial waste of time
and energy since the purpose of the Public Facilities Corporation
and its eligibility for the welfare exemption does not change
from one year to the next.
AB 2654 , as introduced, allows such a non-profit corporation to
submit the necessary paperwork once. Once a decision has been
made by the Assessor and confirmed by the State Board of
Equalization that the corporation qualifies for the exemption, no
CONTINUED ON ATTACHMENT:Yes YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): Je ��f_;7�
ACTION OF BOARD ON February 13 , 1990 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED FEB 1 3 1990
John Biasotti, County Assessor PHIL BATCHELOR,CLERK OF THE BOARD OF
DeRoyce Bell, Deputy County Admin. SUPERVISORS AND COUNTY ADMINISTRATOR
Capital Projects
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M382 (10/88) SRJ. Jackson, Barish & Associat@l5 DEPUTY
further filing of such statements is necessary until and unless
the purpose for which the corporation exists changes to the
extent that the corporation is no longer eligible for exemption
from paying property taxes. Safeguards are built into the bill
so that if such a corporation fails to file subsequent financial
statements when they are required the Assessor can recommend to
the State Board of Equalization the imposition of penalties and
interest amounting to up to 150 of the taxes which are due, plus
interest.
Passage of AB 2654 would be of benefit to Contra Costa County in
streamlining the process for obtaining the welfare exemption for
its Public Facilities Corporation. It is, therefore, recommended
that the Board of Supervisors indicate its support for AB 2654 .