AMENDED IN SENIOR ASSEMBLY OCTOBER 26, 2010

SENIOR ASSEMBLY PROPOSAL NO. 21

INTRODUCED BY SENIOR ASSEMBLY MEMBER MOLNAR

(COAUTHOR: SENIOR SENATOR WINSLOW)

LEGISLATIVE COUNSEL'S DIGEST

AP 21: SENIOR CITIZEN'S PROPERTY TAX DEFERRAL PROGRAM.

THE SENIOR CITIZENS AND DISABLED CITIZENS PROPERTY TAX POSTPONEMENT LAW, UNTIL FEBRUARY 20,2009, AUTHORIZED A CLAIMANT TO FILE WITH THE CONTROLLER A CLAIM TO POSTPONE THE PAYMENT OF AD VALOREM PROPERTY TAXES, WHERE HOUSEHOLD INCOME DID NOT EXCEED SPECIFIED AMOUNTS.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD RESCIND THE INDEFINITE SUSPENSION OF THE SENIOR CITIZENS’ PROPERTY TAX DEFERRAL PROGRAM, WHICH WOULD HAVE THE EFFECT OF ALLOWING CLAIMANTS TO FILE WITH THE CONTROLLER A CLAIM TO POSTPONE THE PAYMENT OF AD VALOREM PROPERTY TAXES UNDER THE SENIOR CITIZENS AND DISABLED CITIZENS PROPERTY TAX POSTPONEMENT LAW.

VOTE: MAJORITY.

AP 21: RELATING TO TAXATION

WHEREAS, THE INDEFINITE SUSPENSION OF THE SENIOR CITIZENS’ PROPERTY TAX DEFERRAL PROGRAM ONLY SAVES THE STATE OF CALIFORNIA $39,000,000 OUT OF A TOTAL DEFICIT OF $19,000,000,000; AND

WHEREAS, WITHOUT THE SENIOR CITIZENS’ PROPERTY TAX DEFERRAL PROGRAM IT IS LIKELY THAT MANY OF THE LOW-INCOME SENIORS, ESPECIALLY THOSE WHO HAVE BEEN ON THE PROGRAM FOR MANY YEARS, WILL NOT BE ABLE TO PAY THEIR PROPERTY TAX BILL; AND

WHEREAS, PAST OPTIONS OF SENIORS TO GENERATE CASH TO PAY TAXES AND OTHER EXPENSES, SUCH AS REVERSE MORTGAGES AND TURNING TO CHILDREN FOR HELP, ARE NOT AVAILABLE AS HOME VALUES CONTINUE TO DROP AND UNEMPLOYMENT INCREASES; AND

WHEREAS, SUSPENSION OF THE SENIOR CITIZENS’ PROPERTY TAX DEFERRAL PROGRAM CREATES THE REAL POSSIBILITY THAT MANY OF THE 9,700 BLIND, DISABLED, AND ELDERLY CURRENTLY ON THE PROGRAM STAND THE REAL POSSIBILITY OF LOSING THEIR HOMES AND BECOMING HOMELESS; AND

WHEREAS, SUSPENSION OF THE SENIOR CITIZENS’ PROPERTY TAX DEFERRAL PROGRAM WAS DONE IN CLOSED DOOR NEGOTIATIONS AND WITHOUT OPEN DEBATE; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2010 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE INDEFINITE SUSPENSION OF THE SENIOR CITIZENS’ PROPERTY TAX DEFERRAL PROGRAM BE RESCINDED FORTHWITH; AND BE IT FURTHER

RESOLVED, THAT THE COLLECTION OF THE SPECIFIC SENIOR CITIZEN’S PROPERTY TAXES AFFECTED BY THE INDEFINITE SUSPENSION BE ELIGIBLE FOR A HARDSHIP DEFERRAL WHEN LOSS OF PROPERTY OR HOMELESSNESS IS A POSSIBILITY; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN 10 13539

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