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Home My WebLink AboutMINUTES - 03161993 - 1.38 1.38 TO: BOARD OF SUPERVISORS Contra Phil Batchelor, County Administrator \' Costa FROM: ;< c: ��:�: .:-•�- 4 County March 11 1993 `*' DATE: / .couNf SUBJECT: LEGISLATION: AB 695 (Rainey) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Adopt a position in SUPPORT of AB 695 by Assemblyman Rainey, which would increase the limit for those owners of tangible personal property who are required to file a property statement with the Assessor from $30,000 to $100,000 . BACKGROUND: Under current law (Revenue & Taxation Code Section 441) , every person who owns taxable personal property having an aggregate cost of $30, 000 or more must file a signed property tax .statement with the Assessor. This means that practically every business owner must file such a statement with the Assessor. A property tax statement is a detailed document, the form of which is specified by the State Board of Equalization, which shows all taxable property owned, claimed, possessed, controlled or managed by the person filing it. The Assessor is already allowed under current law to require the submission of a property tax statement from any property owner, even one who is not required to file a property tax statement under the $30,000 limit. Handling these property tax statements is a time-consuming operation for the Assessor's staff and in some cases the Assessor believes that the filings are unnecessary in order to accurately determine the value of property. J CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER /[ SIGN AT URE(S): e�6m ACTION OF BOARD ON }Yk}g eh 16, 1993 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS _Z1/ I HEREBY CERTIFY THAT THIS IS A TRUE 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. ATTESTED MAR 16 1993 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: See. Page 2. SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY The $30, 000 limit was placed in the law in 1968 and has not been increased since. The Assessor believes that with the impact which inflation has had on costs over the past 25 years, the $30,000 figure should be increased substantially. The Assessor has asked Assemblyman Rainey to author legislation which would increase this limit from $30, 000 to $100,000 . The Assessor will still be able to require the submission of a statement on any property owner under the $100, 000 limit if he believes this is appropriate. Increasing the limit to $100,000 recognizes the affect inflation has had over the past 25 years, reduces the amount of unnecessary paperwork which has to be prepared and submitted to the Assessor, reduces the need for the Assessor to handle and process all of this unnecessary paperwork and appears to be consistent with the Board' s interest in streamlining government at all levels . It is, therefore, recommended that the Board of Supervisors support AB 695 by Assembly Rainey. cc: County Administrator County Assessor County Counsel Les Spahnn; Heim, Noack, & Spahnn -2- 4 C.AUF'oRNIA LEGLSLATU]E E-1993-W REGULAR SESSION i ASSEMBLY BILL No. 695 I Introduced by Assembly Member Rainey t February 23, 1993 { r . An act to amend Section 441 of the Revenue and Taxation Code, relating to property taxation. LEGISLATIVE COUNSEL'S DIGEST AB 695, as.introduced, Rainey. Property taxation: Existing property. tax law requires every person owning taxable personal property, other than as specified, having an aggregate cost of $30,000 or more, to file a signed property statement with the assessor.,Existing law also requires every person "owning personal property that does not require the filing of a property statement, or real property, to file a signed property statement upon.request of the assessor. This bill would increase the limit on the aggregate cost of personal property for which a signed property statement need not be filed from $30,000 to $100,000. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: "no. The people of the State of California do enact as follows: 1 SECTION 1. Section 441 of the Revenue and Taxation 2 Code is amended to read: 3 441. Every person owning taxable personal property, 4 other than a mobilehome subject to Part 13 5 (commencing with Section 5800), having an aggregate 6 cost of 04rty one ,hundred thousand dollars ($30,9 ), 7 ($100,000) or more shall file a signed property statement 8 with the assessor. Every person , owning personal 9 property which does not require the filing of a property 99 100 AB 695 —2— statement 2-- statement or real property shall upon request of the .' 2 assessor file a signed property statement. Failure of the 3 assessor to request or secure the property statement does 4 not render any assessment-invalid. 5 (a) The property statement shall be declared to be 6 true under the penalty of perjury and filed with the - 7 assessor between the lien date and 5 p.m. on the last 8 Friday in May,annually, or between the lien date and any 9 earlier time as the assessor may appoint. 10 : (b) If the assessor appoints a time other than the last 11 Friday in May, it shall be no earlier than April 1. In this 12 event the penalty provided by Section 463 shall apply if 13 the property statement is not filed with the assessor by .5 14 p.m. on the last Friday in May or if all of the following , 15 apply: 16 (1) The property statement is not filed within the time 17 appointed by the assessor. 18 (2) The assessor has given notice by certified or 19 registered mail, or by first-class mail, properly addressed 20 with postage prepaid, no earlier than 15 days after the 21 time appointed by the assessor of nonreceipt of the 22 -property statement within the appointed time. If- the 23 notice is given by first-class mail, the assessor shall obtain 24 a certificate of mailing issued by the United States Postal 25 Service verifying the fact and date of .mailing of. the 26 notice. 27 (3) The property statement has not been filed with 28 the assessor within 15 days following the date of receipt j 29 of the notice, if the notice is given by certified or 30 registered mail, or within 20 days following the date 31 shown on the certificate of mailing, if the notice 1s given 32 by first-class mail. 33 (c) The property statement may be filed with the 34 assessor through the United States mail, properly 35 addressed with postage prepaid. This subdivision shall be 36 applicable to every taxiing agency, including but not 37, limited to, a chartered city and county, or chartered city. 38 (d) At any time, as required by the assessor for 39 assessment purposes, every person shall make available 40 for examination information or records regarding his or 99 120 _ —3 — AB 695 se 1 her property or any other personal property located on ie - 2 premises he or she owns or controls. In this connection es 3 . details of property acquisition transactions, construction 4 and development costs, rental income, and other- data :)e 5 relevant to the determination of an estimate of value are ie 6 to be considered as. information essential to the .proper Lst i 7 discharge of the assessor's duties. ly 8 (e) In the.case of a corporate owner of property, the 9 property statement shall be signed either'by an officer of ,st 10 the, corporation or an employee or agent who has been its 11 designated- in writing by the board of directors to sign if 12 such statements on behalf of the corporation. • 5 13 (f) In the case of property owned by a bank or other lg 14 financial institution and leased to an entity, other than a 15. bai* or other financial institution, the property ie ` 16 statement shall be submitted by the owner bank or other 17 financial institution." or 18 (g) The assessor may refuse to accept any property ad 19 . statement he or she determines to be- in error. ie ie ie in ie __ _.- th Pt or to an O ie 1y )e of Y or Ie or 120 99 120