(1) The California Constitution requires, among others, all public officers to take a specified oath of office. Existing statutory law requires any officer to take that oath before he or she enters the duties of his or her office.
This bill would require an officer to take that oath following any election or appointment and before entering the duties of his or her office.
(2) Existing law requires all sums paid by the Controller for the postponement of property taxes be secured by a lien in favor of the state. In the case of a lien on real property for this purpose, existing law requires, among other things, the recorder for the county in which the real property is subject to the lien to provide a copy of the notice of lien to the county tax collector.
This bill would instead require the Controller to provide a copy of the notice of lien to the county tax collector and would additionally require a copy of the notice of lien to be provided to the county assessor.
(3) Existing law establishes a formula for calculating the interest on a payment made by the Controller for postponed property taxes from the time a payment is made. Under existing law, for purposes of this provision, a payment is deemed to be made at the time an electronic funds transfer is made by the Controller to the tax collector or the delinquency date of the respective tax installment, whichever is later. Existing law, in the event of willful neglect, authorizes an electronic funds transfer for that current fiscal year to be used to pay delinquent taxes only if accompanied by sufficient amounts to pay all of the delinquent penalties, costs, fees, and interest. Existing law, if a denial of
a claim for postponement is reversed on appeal, requires the Controller to electronically transfer funds to the county.
This bill would instead deem a payment to be made at the time a payment is made by the Controller to the tax collector or the delinquency date of the respective tax installment, whichever is later. The bill would instead authorize a payment from the Controller to be used to pay delinquent taxes under the circumstances described above. The bill would eliminate the requirement that funds be transferred electronically if a denial of a claim for postponement is reversed on appeal. The bill would also make various conforming changes.
(4) Existing law requires the Controller to reduce the amount of the obligation secured by the lien against the real property by the amount of any payments received for that purpose and by specified amounts paid by the Franchise Tax Board or by certain other
authorized amounts.
This bill would require that payments received for the reduction of the obligation be applied first to any interest due on the loan, 2nd to the principal property tax amount, and finally, if there is any remaining balance, to administrative fees.
(5) Existing law authorizes recordation of certain documents, including a release, discharge, or subordination of a lien for postponed property taxes, without acknowledgment, certificate of acknowledgment, or further proof.
This bill would delete the reference to the subordination of a lien for postponed property taxes from the list of documents that may be recorded without acknowledgment, certificate of acknowledgment, or further proof.
(6) Existing law authorizes the County of Merced, by a
4/5 vote of the board of supervisors, to sell a specified area of county property that the county has acquired from the federal government due to the closure of Castle Air Force Base.
This bill would additionally authorize the County of Merced to enter into a lease, concession, or managerial contract involving that area, by a 4/5 vote of the board of supervisors. The bill would make additional conforming changes.
(7) Existing law establishes the Committee on County Accounting Procedures which consists of 10 members appointed by the Controller. Of those 10 members, 5 of the members are required to be county auditors.
This bill would instead require 5 of those
members to be county auditors or county officers in equivalent positions.
(8) Existing law requires a local agency that provides any type of compensation, salary, or stipend to a local agency official of that agency to provide sexual harassment prevention training and education, as specified. Existing law requires an entity that develops curricula to satisfy these requirements to consult with the city attorney or county counsel regarding the sufficiency and accuracy of that proposed content, as specified.
This bill would instead require the entity to consult with the legal counsel of that entity.
(9) Existing law requires the legislative body of a local agency, on or before December 31 of each year, to prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of
the local agency known as the Local Appointments List. Existing law requires the list to be made available to members of the public, as specified, and requires the legislative body to designate the public library with the largest service population within its jurisdiction to receive a copy of the list.
This bill would alternatively authorize the list to be posted on the local agency’s Internet Web site.
(10) Existing law requires notice of an unscheduled vacancy that occurs in any board, commission, or committee for which the legislative body of a local agency has the appointing power to be posted in the office of the clerk of the local agency, a designated public library, and any other place as directed by the local agency.
This bill would alternatively authorize the notice of an unscheduled vacancy to be posted on the local agency’s Internet Web site instead
of being posted in the library.
(11) Existing law authorizes a public agency, in the case of an emergency and with a vote of 4/5 of the governing body, to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for the purposes, without giving notice for bids to let contracts.
This bill would correct inaccurate cross-references and add 2 missing cross-references.
(12) Existing law, except as provided in the property tax postponement program, prohibits a certificate of eligibility from being used to pay any delinquent taxes, assessments, penalties, costs, fees, or interest, or any redemption charges.
This bill would eliminate that prohibition.
(13) Existing law, with respect to a claimant whose property taxes are paid by a lender from an impound, trust, or other specified type of account, requires the tax collector to notify the auditor of the claimant’s name and address, and the duplicate amount of money the Controller transferred to the tax collector via an electronic fund transfer. Existing law requires the county auditor, treasurer, or disbursing officer to send a check, in the amount of money based on the electronic transfer by the Controller, to the Controller within 60 days of the replicated payment.
This bill, upon receipt of the payment by the Controller, as specified, would require the tax collector to maintain a record of the fact that taxes on the property have been postponed and, with respect to a claimant described above, to notify the auditor
of the claimant’s name and address, and the duplicate amount of money the Controller paid to the tax collector. The bill would instead require the county auditor, treasurer, or disbursing officer to refund the amount of money, based on the payment by the Controller, to the claimant within 60 days of the replicated payment.
(14) Existing law, upon receipt of a “notice of lien for postponed property taxes” from the Controller, requires the tax collector or the assessor, whichever is applicable, to immediately enter on the assessment records applicable to the property the fact that the taxes on the property have been postponed and the Controller’s identification number and to notify the Controller of a subsequent change in ownership status, as provided.
This bill would instead require the assessor to maintain a record of the fact that the taxes on the property have been postponed and the Controller’s
identification number and to notify the Controller as described above.
(15) Existing law requires, for purposes of the Gonsalves-Deukmejian-Petris Senior Citizens Property Tax Assistance Law, that all losses and nonexpenses be converted to zero for the purpose of determining whether the homeowner meets the property tax postponement requirement.
This bill would instead require that all losses and nonexpenses be converted to zero, as specified above, for the purposes of property tax postponement.
(16) Existing law requires that a claimant for property tax postponement, generally, be an individual who is a member of the household, is either an owner-occupant, tenant stockholder occupant, or possessory interestholder occupant of the residential dwelling as to which postponement is claimed, and is either 62 years of age or older, blind, or
disabled. With respect to blind and disabled claimants, existing law requires that the claimant be blind or disabled, as specified, at the time of application or on December 10 of the fiscal year for which postponement is claimed, whichever is earlier.
This bill would instead require, for blind and disabled claimants, that the claimant be blind or disabled at the time of application or on February 10 of the fiscal year for which postponement is claimed.
(17) Existing law authorizes a claimant to file with the Controller a claim for postponement in a specified amount for the fiscal year for which the claim is made. Existing law requires the Controller, upon verification of specified eligibility requirements, to mail to the claimant a Notice of Election to Postpone, as specified. When the Controller approves the Notice of Election to Postpone, existing law requires the Controller to make payments
directly to the county tax collector.
This bill would instead require the Controller to issue payment to the county tax collector or other appropriate payee, as determined by the Controller.
(18) This bill would make various technical changes related to the property tax postponement program, including updating statutory references to the Senior Citizens and Disabled Citizens Property Tax Postponement Fund and deleting obsolete references to certificates of eligibility and postponement for mobilehomes.
(19) Existing law establishes the North Fork Kings Groundwater Sustainability Agency and requires the agency to be governed by a 7-member board of directors. Existing law requires one member to be a resident or landowner within the territory of the agency chosen by the members of the governing board of the Riverdale Irrigation Company and
the Reed Ditch Company.
This bill would correct the name of the Riverdale Irrigation District and would make another technical change.
(20) The Sacramento Area Flood Control Agency Act defines the term “project” for purposes of the act to mean the acquisition, construction, maintenance, or operation of any flood control facility authorized under the agreement and not inconsistent with the act, including, but not limited to, acquisition of any rights-of-way and easements.
This bill would instead define the term to mean the acquisition, construction, maintenance, or operation of any flood control facility authorized under the agreement and not inconsistent with the act, including, but not limited to, acquisition of any interests in real property. The bill would make conforming changes.
(21) Existing law, the Vallejo Sanitation and Flood Control District Act, creates the Vallejo Sanitation and Flood Control District within the County of Solano for purposes relating to the collection and disposal of sewage and industrial waste and the control and disposition of storm and flood waters.
This bill would rename the act as the Vallejo Flood and Wastewater District Act and the district as the Vallejo Flood and Wastewater District. The bill would make other nonsubstantive changes within the act.
(22) By changing the duties of local officials with respect to the administration of the property tax postponement program, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.