HomeMy WebLinkAboutLegislative Rvw Cmte - Support Lttrs for Various Legislation CITY OF PALM DESERT �
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: APPROVE THE PALM DESERT LEGISLATIVE REVIEW
COMMITTEE'S RECOMMENDATION TO PROVIDE LETTERS OF
SUPPORT TO VARIOUS PROPOSED STATE & FEDERAL
LEGISLATION.
SUBMITTED BY: Stephen Y. Aryan, Risk Manager
DATE: June 12, 2014
CONTENTS: 1. Proposed Legislation Texts
2. Draft Correspondence
Recommendation
By Minute Motion, approve the recommended letters of support for AB 1582 (Mullin), H.R. 15
(Garcia), and S. 744 (Schumer).
Committee Recommendation
At their May 2, 2014 meeting, the Palm Desert Legislative Review Committee recommended
that the City Council approve letters of support for AB 1582 (Mullin), AB 1747 (Holdon), H.R. 15
(Garcia), and S. 744 (Schumer). Please note that AB 1747 (Holdon) related to massage therapy
recently became a dead bill and staff will not be moving forward with a support letter.
Backaround
At their May 2, 2014 meeting, the Palm Desert Legislative Review Committee recommended
that the City of Palm Desert send correspondence indicating its support position on the following
proposed legislation:
AB 1582 (Mullin)
Existing law dissolved redevelopment agencies as of February 1, 2012, and provides for the
designation of successor agencies. Successor agencies are required to wind down the affairs of
the dissolved redevelopment agencies, which involves, among other things, the preparation of a
Recognized Obligation Payment Schedule for payments on enforceable obligations for each 6-
month fiscal period.
AB 1582 revises the timeline for the preparation of the required ROPS to provide that the
successor agency prepare a schedule for a 12-month fiscal period. Furthermore, the ROPS
could be amended by the oversight board during a 12-month fiscal period, if the amendment is
approved at least 90 days before the date of the next property tax distribution.
AB 1747 (Holdon)
AB 1747, amongst other provisions, further strengthens existing law that authorizes a licensing
body to deny a license if there is proof that the massage personnel, owners, and operators have
been convicted of specified crimes, including soliciting or engaging in an act of prostitution. This
bill is currently dead and staff will not be moving forward with a support letter. The primary bill in
the current legislative session to address the massage therapy industry is AB 1147 (Bonilla,
Gomez, and Holden), which the City of Palm Desert has already supported. AB 1147 is
currently in the Senate under committee review.
Staff Report: Propose Legislation
June 12, 2014
Page 2 of 2
H.R. 15 (Garcia � S. 744 (Schumer)
These two Federal bills deal with the complex issue of border security, economic opportunity,
and immigration. While this issue is a more appropriate discussion at the Federal and State
levels, of specific interest to the City of Palm Desert is "Section. 4503. Encouraaina Canadian
Tourism to the United States," which provides Canadian retirees visiting the United States a
special status.
Canadian citizens at least 55 years old, who maintain a residence in Canada, would be allowed
to visit the United States for 240 days each year instead of 180 days. A Canadian citizen would
have to prove that he/she owns a residence in the United States, or has a rental agreement for
accommodations in the United States for the duration of the stay. They could not work in the
United States and their spouse would be admitted under the same conditions.
Periods of time spent outside the United States during such 240-day period would not toll the
expiration of such 240-day period. Leaving for any period of time does not extend the 240 days
which is counted from the first date one enters the United States under this new proposal for
visiting Canadian retirees.
With its close proximity to California, Canada remains the second largest international market of
origin for the state. California offers several positive attributes for Canadian travelers including
reasonable airfares, cultural offerings, cosmopolitan cities, favorable weather, and resort
communities such as Palm Desert. Approximately 1.62 million Canadians visited California in
2013 and spent $2.3 biltion. The State is projected to see an annual growth of more than four
percent from the Canadian market through 2016.
Fiscal Analvsis
There is no fiscal impact related to the City's opposition or support of these bills.
Submitted By:
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Stephen Y. Ary�n, Ristc Manage�r
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June 12, 2014
The Honorable Kevin Mullin
State Capitol Building, Room 2163
Sacramento, CA 95814
Via FAX: (916) 319-2122
RE: AB 1582 (Mullin) Successor A�encies: Recoqnized Obliaation Pavment Schedule.
(As amended 6/02/2094) Notice of Support
Dear Assemblymember Mullin:
The City of Palm Desert supports your AB 1582 (Mullin), which would extend the existing
Recognized Obligation Payment Schedule (ROPS) process from once every six months to
once per year.
Shifting the ROPS process from every six months to once per year will save staff time by
avoiding repetitive processing of non-controversial items; an annual cycle will also improve
predictability especially since many former RDA debts will need to be repaid over several
decades. Furthermore, allowing the ROPS to be amended by the oversight board if the
amendment is approved at least 90 days before the date of the next property tax
distribution, provides local agencies greater flexibility should unanticipated changes occur.
For these reasons, the City of Palm Desert support AB 1747. Please let us know if you have
any questions or need any additional information by contacting Stephen Y. Aryan, Risk
Manager, at (760) 776-6326.
Sincerely,
VAN G. TANNER
MAYOR
cc: City Council
The Honorable Brian Nestande, California State Assembly
Erin Sasse, League of California Cities, esasseCc�cacities.org
Anthony Gonsalves, Gonsalves and Sons, aonsalvesCcr�.qansalvi.com
John M. Wohlmuth, City Manager
Stephen Y. Aryan, Risk Manager
Rudy Acosta, Assistant City Manager
Paul S. Gibson, Director of Finance
Martin Alvarez, Director of Economic Development
Janet Moore, Director of Housing
Veronica Tapia, Management Analyst II
AMENDED 1N SENATE JUNE 2, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
AMENDED IN ASSEMBLY APRIL 3, 2014
CALIFORNIA LEGISLATURE-2013-14 REGULAR SESSION
ASSEMBLY BILL No. 1582
Introduced by Assembly Member Mullin
February 3, 2014
An act to amend Section 34177 of the Health and Safety Code,
relating to redevelopment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1582, as amended,Mullin. Redevelopment: successor agencies:
Recognized Obligation Payment Schedule.
The Community Redevelopment Law authorized the establishment
of redevelopment agencies in communities to address the effects of
blight, as defined. Existing law dissolved redevelopment agencies as
of February l, 2012, and provides for the designation of successor
agencies, as defined. Existing law requires successor agencies to wind
down the affairs of the dissolved redevelopment agencies. Existing law
requires a successor agency to, among other things, prepare a
Recognized Obligation Payment Schedule for payments on enforceable
obligations for each 6-month fiscal period.
This bill would revise the timeline for the preparation of the required
Recognized Obligation Paytnent Schedule to provide that the successor
agency prepare a schedule for a 12-month fiscal period, and would
authorize the Recognized Obligation Payment Schedule to be amended
by the oversight board during a 12-month fiscal period if the amendment
96
AB 1582 —2—
is approved at least 90 days before the date of the next property tax
distribution.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 34177 of the Health and Safety Code is
2 amended to read:
3 34177. Successor agencies are required to do all of the
4 following:
5 (a) Continue to make payments due for enforceable obligations.
6 (1) On and after February 1, 2012, and until a Recognized
7 Obligation Payment Schedule becomes operative, only payments
8 required pursuant to an enforceable obligations payment schedule
9 shall be made.The initial enforceable obligation payment schedule
10 shall be the last schedule adopted by the redevelopment agency
11 under Section 34169. However, payments associated with
12 obligations excluded from the definition of enforceable obligations
13 by paragraph (2) of subdivision (d) of Section 34171 shall be
14 excluded from the enforceable obligations payment schedule and
15 be removed from the last schedule adopted by the redevelopment
16 agency under Section 34169 prior to the successor agency adopting
17 it as its enforceable obligations payment schedule pursuant to this
18 subdivision. The enforceable obligation payment schedule may
19 be amended by the successor agency at any public meeting and
20 shall be subject to the approval of the oversight board as soon as
21 the board has sufficient members to form a quorum.In recognition
22 of the fact that the timing of the California Supreme Court's ruling
23 in the case California Redevelopment Association v. Matosantos
24 (2011) 53 Ca1.4th 231 delayed the preparation by successor
25 agencies and the approval by oversight boards of the January 1,
26 2012, through June 30, 2012, Recognized Obligation Payment
27 Schedule, a successor agency may amend the Enforceable
28 Obligation Payment Schedule to authorize the continued payment
29 of enforceable obligations until the time that the January l, 2012,
30 through June 30,2012,Recognized Obligation Payment Schedule
31 has been approved by the oversight board and by the Department
32 of Finance.The successor agency may utilize reasonable estimates
33 and projections to support payment amounts for enforceable
96
—3— AB 1582
1 obligations if the successor agency submits appropriate supporting
2 documentation of the basis for the estimate or projection to the
3 Department of Finance and the auditor-controller.
4 (2) The Department of Finance and the Controller shall each
5 have the authority to require any documents associated with the
6 enforceable obligations to be provided to them in a manner of their
7 choosing. Any taxing entity, the department, and the Controller
8 shall each have standing to file a judicial action to prevent a
9 violation under this part and to obtain injunctive or other
10 appropriate relief.
11 (3) Commencing on the date the Recognized Obligation Payrnent
12 Schedule is valid pursuant to subdivision(�,only those payments
13 listed in the Recognized Obligation Payment Schedule may be
14 made by the successor agency from the funds specified in the
15 Recognized Obligation Payment Schedule. In addition, after it
16 becomes valid,the Recognized Obligation Payment Schedule shall
l7 supersede the Statement of Indebtedness, which shall no longer
18 be prepared nor have any effect under the Community
19 Redevelopment Law(Part 1 (commencing with Section 33000)).
20 (4) Nothing in the act adding this part is to be construed as
21 preventing a successor agency, with the prior approval of the
22 oversight board, as described in Section 34179, from making
23 payments for enforceable obligations from sources other than those
24 listed in the Recognized Obligation Payment Schedule.
25 (5) From February l,2012,to July l,2012, a successor agency
26 shall have no authority and is hereby prohibited from accelerating
27 payment or making any lump-sum payments that are intended to
28 prepay loans unless-snek the accelerated repayments were required
29 prior to the effective date of this part.
30 (b) Maintain reserves in the amount required by indentures,
31 trust indentures, or similar documents governing the issuance of
32 outstanding redevelopment agency bonds.
33 (c) Perform obligations required pursuant to any enforceable
34 obligation.
35 (d) Remit unencumbered balances of redevelopment agency
36 funds to the county auditor-controller for distribution to the taxing
37 entities, including, but not limited to, the unencumbered balance
38 of the Low and Moderate Income Housing Fund of a former
39 redevelopment agency. In making the distribution, the county
40 auditor-controller shall utilize the same methodology for allocation
96
AB 1582 —4—
1 and distribution of property tax revenues provided in Section
2 34188.
3 (e) Dispose of assets and properties of the former redevelopment
4 agency as directed by the oversight board;provided,however,that
5 the oversight board may instead direct the successor agency to
6 transfer ownership of certain assets pursuant to subdivision(a) of
7 Section 34181. The disposal is to be done expeditiously and in a
8 manner aimed at maximizing value.Proceeds from asset sales and
9 related funds that are no longer needed for approved development
10 projects or to otherwise wind down the affairs of the agency, each
11 as determined by the oversight board, shall be transferred to the
12 county auditor-controller for distribution as property tax proceeds
13 under Section 34188. The requirements of this subdivision shall
14 not apply to a successor agency that has been issued a finding of
15 completion by the Department of Finance pursuant to Section
16 34179.'7.
17 (� Enforce all former redevelopment agency rights far the
18 benefit of the taxing entities, including, but not limited to,
19 continuing to collect loans,rents,and other revenues that were due
20 to the redevelopment agency.
21 (g) Effectuate transfer of housing functions and assets to the
22 appropriate entity designated pursuant to Section 34176.
23 (h) Expeditiously wind down the affairs of the redevelopment
24 agency pursuant to the provisions of this part and in accordance
25 with the direction of the oversight board.
26 (i) Continue to oversee development of properties until the
27 contracted work has been completed or the contractual obligations
28 of the former redevelopment agency can be transferred to other
29 parties. Bond proceeds shall be used for the purposes for which
30 bonds were sold unless the purposes can no longer be achieved,
31 in which case, the proceeds may be used to defease the bonds.
32 (j) Prepare a proposed administrative budget and submit it to
33 the oversight board for its approval. The proposed administrative
34 budget shall include all of the following:
35 (1) Estimated amounts for successor agency administrative costs
36 for the upcoming 12-month fiscal period that corresponds to the
37 fiscal year of the city, county, or city and county that created the
38 former redevelopment agency.
39 (2) Proposed sources of payment for the costs identified in
40 paragraph(1).
96
—5— AB 1582
1 (3) Proposals for arrangements for administrative and operations
2 services provided by a city,county,city and county,or other entity.
3 (k) Provide administrative cost estimates, from its approved
4 administrative budget that are to be paid from property tax revenues
5 deposited in the Redevelopment Property Tax Trust Fund, to the
6 county auditor-controller for each six-month fiscal period.
7 (� (1) Before each 12-month fiscal period,to correspond with
8 th ' fiscal year of the city, county, or city and
9 county that created the former redevelopment agency, prepare a
10 Recognized Obligation Payment Schedule in accordance with the
11 requirements of this paragraph. For each recognized obligation,
12 the Recognized Obligation Payment Schedule shall identify one
13 or more of the following sources of payment:
14 (A) Low and Moderate Income Housing Fund.
15 (B) Bond proceeds.
16 (C) Reserve balances.
17 (D) Administrative cost allowance.
18 (E) The Redevelopment Property Tax Trust Fund, but only to
19 the extent no other funding source is available or when payment
20 from property tax revenues is required by an enforceable obligation
21 or by the provisions of this part.
22 (F) Other revenue sources, including rents, concessions, asset
23 sale proceeds, interest earnings, and any other revenues derived
24 from the former redevelopment agency, as approved by the
25 oversight board in accordance with this part.
26 (2) A Recognized Obligation Payment Schedule shall not be
27 deemed valid unless all of the following conditions have been met:
28 (A) A Recognized Obligation Payment Schedule is prepared
29 by the successor agency for the enforceable obligations of the
30 former redevelopment agency. The initial schedule shall project
31 the dates and amounts of scheduled payments for each enforceable
32 obligation for the remainder of the time period during which the
33 redevelopment agency would have been authorized to obligate
34 property tax increment had the�redevelopment agency not been
35 dissolved.
36 (B) The Recognized Obligation Payment Schedule is submitted
37 to and duly approved by the oversight board.The successor agency
38 shall submit a copy of the Recognized Obligation Payment
39 Schedule to the county administrative officer, the county
40 auditor-controller,and the Department of Finance at the same time
96
AB 1582 —6—
1 that the successor agency submits the Recognized Obligation
2 Payment Schedule to the oversight board for approval.
3 (C) A copy of the approved Recognized Obligation Payment
4 Schedule is submitted to the county auditar-controller, the
5 Controller's office, and the Department of Finance, and is posted
6 on the successor agency's Internet Web site.
7 (3) The Recognized Obligation Payment Schedule shall be
8 forward looking to the next ,
9 en-a� 12-month fiscal period,fo�the first 12-month fiscal period
10 commencing after January l,2015.The first Recognized Obligation
11 Payrnent Schedule shall be submitted to the Controller's office
12 and the Department of Finance by April 15, 2012, for the period
13 of January 1, 2012, to June 30, 2012, inclusive. This Recognized
14 Obligation Payment Schedule shall include all payments made by
15 the former redevelopment agency between January 1,2012,through
16 January 31, 2012, and shall include all payments proposed to be
17 made by the successor agency from February l, 2012, through
18 June 30, 2012. Former redevelopment agency enforceable
19 obligation payments due, and reasonable or necessary
20 administrative costs due or incurred,prior to January l,2012,shall
21 be rnade from property tax revenues received in the spring of 2011
22 property tax distribution, and from other revenues and balances
23 transferred to the successor agency.
24 (4) The Recognized Obligation Payment Schedule may be
25 amended by the oversight board during a 12-month fiscal period
26 as long as the amendment is approved at least 90 days before the
27 date of the next property tax distribution.
28 (m) The Recognized Obligation Payment Schedule for the period
29 of January l, 2013, to June 30, 2013, shall be submitted by the
30 successor agency, after approval by the oversight board, no later
31 than September l, 2012. Commencing with the Recognized
32 Obligation Payment Schedule covering the period July 1, 2013,
33 through December 31, 2013, successor agencies shall submit an
34 oversight board-approved Recognized Obligation Payment
35 Schedule to the Department of Finance and to the counry
36 auditor-controller no fewer than 90 days before the date of property
37 tax distribution. The Department of Finance shall make its
38 determination of the enforceable obligations and the amounts and
39 funding sources of the enforceable obligations no later than 45
40 days after the Recognized Obligation Payment Schedule is
96
—7— AB 1582
1 submitted. Within five business days of the department's
2 determination, a successor agency may request additional review
3 by the department and an opportunity to meet and confer on
4 disputed items.The meet and confer period may vary;an untimely
5 submittal of a Recognized Obligation Payment Schedule may result
6 in a meet and confer period of less than 30 days. The department
7 shall notify the successor agency and the county auditor-controllers
8 as to the outcome of its review at least 15 days before the date of
9 property tax distribution.
10 (1) The successor agency shall submit a copy of the Recognized
11 Obligation Payment Schedule to the Department of Finance
12 electronically, and the successor agency shall complete the
13 Recognized Obligation Payment Schedule in the manner provided
14 for by the department. A successor agency shall be in
15 noncompliance with this paragraph if it only submits to the
16 department an electronic message or a letter stating that the
17 oversight board has approved a Recognized Obligation Payment
18 Schedule.
19 (2) If a successor agency does not submit a Recognized
20 Obligation Payment Schedule by the deadlines provided in this
21 subdivision, the city, county, or city and county that created the
22 redevelopment agency shall be subject to a civil penalty equal to
23 ten thousand dollars ($10,000)per day for every day the schedule
24 is not submitted to the department. The civil penalty shall be paid
25 to the county auditor-controller for allocation to the taxing entities
26 under Section 34183. If a successor agency fails to submit a
27 Recognized Obligation Payment Schedule by the deadline, any
28 creditor of the successor agency or the Department of Finance or
29 any affected taxing entity shall have standing to and may request
30 a writ of mandate to require the successor agency to immediately
31 perform this duty. Those actions may be filed only in the County
32 of Sacramento and shall have priority over other civil matters.
33 Additionally,if an agency does not submit a Recognized Obligation
34 Payment Schedule within 10 days of the deadline, the maximum
35 administrative cost allowance for that period shall be reduced by
36 25 percent.
37 (3) If a successor agency fails to submit to the department an
38 oversight board-approved Recognized Obligation Payment
39 Schedule that complies with all requirements of this subdivision
40 within five business days of the date upon which the Recognized
96
AB 1582 —g—
1 Obligation Payment Schedule is to be used to determine the amount
2 of property tax allocations, the department may detertnine if any
3 amount should be withheld by the county auditor-controller far
4 payments for enforceable obligations from distribution to taxing
5 entities, pending approval of a Recognized Obligation Payment
6 Schedule.The county auditor-controller shall distribute the portion
7 of any of the sums withheld pursuant to this paragraph to the
8 affected taxing entities in accordance with paragraph (4) of
9 subdivision (a) of Section 34183 upon notice by the department
10 that a portion of the withheld balances are in excess of the amount
11 of enforceable obligations. The county auditor-controller shall
12 distribute withheld funds to the successor agency only in
13 accordance with a Recognized Obligation Payment Schedule
14 approved by the department. County auditor-controllers shall lack
15 the authority to withhold any other amounts from the allocations
16 provided for under Section 34183 or 34188 unless required by a
17 court order.
18 (4) (A) The Recognized Obligation Payment Schedule payrnents
19 required pursuant to this subdivision may be scheduled beyond
20 the existing Recognized Obligation Payment Schedule cycle upon
21 a showing that a lender requires cash on hand beyond the
22 Recognized Obligation Payment Schedule cycle.
23 (B) When a payment is shown to be due during the Recognized
24 Obligation Payment Schedule period,but an invoice or other billing
25 document has not yet been received, the successor agency may
26 utilize reasonable estimates and projections to support payment
27 amounts for enforceable obligations if the successor agency submits
28 appropriate supporting documentation of the basis for the estimate
29 or projection to the department and the auditor-controller.
30 (C) A Recognized Obligation Payment Schedule may also
31 include appropriation of moneys from bonds subject to passage
32 during the Recognized Obligation Payment Schedule cycle when
33 an enforceable obligation requires the agency to issue the bonds
34 and use the proceeds to pay for project expenditures.
35 (n) Cause a postaudit of the financial transactions and records
36 of the successor agency to be made at least annually by a certified
37 public accountant.
38 (o) The changes made by the act that added this subdivision
39 shall not be construed to alter the semiannual distribution of
40 Redevelopment Property Tax Trust Fund payments made in
96
—9— AB 1582
1 accordance with the projected payment schedule of the approved
2 Recognized Obligation Payment Schedule.
O
96
The Honorable Charles E. Schumer
United States Senate
322 Hart Senate Office Building
Washington D.C. 20510
Via Fax: (202) 228-3027
RE: H.R. 15 (Garcia) 8� S. 744 (Schumer)
Notice of Support
Dear Senator Schumer:
On behalf of my city council colleagues, I wish to express the City of Palm Desert's
support of both H.R. 15 and Senate Bill 744.
These bills deal with the complex issue of border security, economic opportunity, and
immigration. While this issue is more appropriately discussed at the Federal and State
levels, of specific interest to the City of Palm Desert is "Section. 4503. Encouraginq
Canadian Tourism to the United States," which provides Canadian retirees visiting the
United States a special status.
Canadian citizens at least 55 years old, who maintain a residence in Canada, would be
allowed to visit the United States for 240 days each year instead of 180 days. A
Canadian citizen would have to prove that he/she owns a residence in the United
States, or has a rental agreement for accommodations in the United States for the
duration of the stay. They could not work in the United States and their spouse would be
admitted under the same conditions.
Periods of time spent outside the United States during such 240-day period would not
toll the expiration of such 240-day period. Leaving for any period of time does not
extend the 240 days which is counted from the first date one enters the United States
under this new proposal for visiting Canadian retirees.
With its close proximity to California, Canada remains the second largest international
market of origin for the state. California offers several positive attributes for Canadian
travelers including reasonable airfares, cultural offerings, cosmopolitan cities, favorable
weather, and an unparalleled experience from visiting resort communities such as Palm
Desert.
H.R. 15 (Garcia) & S. 744 (Schumer): Notice of Support
June 12, 2014
Page 2 of 2
Approximately 1.62 million Canadians visited California in 2013 and spent $2.3 billion.
The State is projected to see an annual growth of more than four percent from the
Canadian market through 2016.
Palm Desert supports any efforts to increase trade and tourism between our two
countries. For these reasons, we support H.R. 15 and S. 744. Please let us know if you
have any questions or need any additional information by contacting Stephen Y. Aryan,
Risk Manager, at (760) 776-6326.
Sincerely,
VAN G. TANNER
MAYOR
cc: City Council
The Honorable Dianne Feinstein, United States Senate
The Honorable Barbara Boxer, United States Senate
The Honorable Raul Ruiz, M.D., United States House of Representatives
Scott White, Greater Palm Springs Convention & Visitors Bureau
Barbara deBoom, Palm Desert Area Chamber of Commerce
Erin Sasse, League of California Cities, esasse(a�cacities.org
Anthony Gonsalves, Gonsalves and Sons, gonsalves(a�gonsalvi.com
John M. Wohlmuth, City Manager
Stephen Y. Aryan, Risk Manager
Rudy Acosta, Assistant City Manager
Paul S. Gibson, Director of Finance
Donna Gomez, Marketing Manager
The Honorabie Joe Garcia
United States House of Representatives
1440 Longworth House Office Building
Washington D.C. 20515
RE: H.R. 15 (Garcia) 8� S. 744 (Schumerl
Notice of Support
Dear Congressman Garcia:
On behalf of my city council colleagues, I wish to express the City of Palm Desert's
support of both H.R. 15 and Senate Bill 744.
These bills deal with the complex issue of border security, economic opportunity, and
immigration. While this issue is more appropriately discussed at the Federal and State
levels, of specific interest to the City of Palm Desert is "Section. 4503. Encouraqina
Canadian Tourism to the United States," which provides Canadian retirees visiting the
United States a special status.
Canadian citizens at least 55 years old, who maintain a residence in Canada, would be
allowed to visit the United States for 240 days each year instead of 180 days. A
Canadian citizen would have to prove that he/she owns a residence in the United
States, or has a rental agreement for accommodations in the United States for the
duration of the stay. They could not work in the United States and their spouse would be
admitted under the same conditions.
Periods of time spent outside the United States during such 240-day period would not
toll the expiration of such 240-day period. Leaving for any period of time does not
extend the 240 days which is counted from the first date one enters the United States
under this new proposal for visiting Canadian retirees.
With its close proximity to California, Canada remains the second largest international
market of origin for the state. California offers several positive attributes for Canadian
travelers including reasonable airfares, cultural offerings, cosmopolitan cities, favorable
weather, and an unparalleled experience from visiting resort communities such as Palm
Desert.
H.R. 15 (Garcia) � S. 744 (Schumer): Notice of Support
June 12, 2014
Page 2 of 2
Approximately 1.62 million Canadians visited California in 2013 and spent $2.3 billion.
The State is projected to see an annual growth of more than four percent from the
Canadian market through 2016.
Palm Desert supports any efforts to increase trade and tourism between our two
countries. For these reasons, we support H.R. 15 and S. 744. Please let us know if you
have any questions or need any additional information by contacting Stephen Y. Aryan,
Risk Manager, at (760) 776-6326.
Sincerely,
VAN G. TANNER
MAYOR
cc: City Council
The Honorable Dianne Feinstein, United States Senate
The Honorable Barbara Boxer, United States Senate
The Honorable Raul Ruiz, M.D., United States House of Representatives
Scott White, Greater Palm Springs Convention & Visitors Bureau
Barbara deBoom, Palm Desert Area Chamber of Commerce
Erin Sasse, League of California Cities, esasse _cacities.orq
Anthony Gonsalves, Gonsalves and Sons, qonsalvesCa�gonsalvi.com
John M. Wohlmuth, City Manager
Stephen Y. Aryan, Risk Manager
Rudy Acosta, Assistant City Manager
Paul S. Gibson, Director of Finance
Donna Gomez, Marketing Manager
968
1 "�A� REQUIRE�VIENT FOR REPORT.-NOt
2 later than 18 months after the da,te of the en-
3 actment of the JOLT Act of 2013, the Sec-
4 retary of State shall submit to the appropriate
5 corrimittees of Congress a re�ort on tlle results
6 of the pilot service earried out under this sec-
7 tion.
H "(B� APPROPRIATE COlVIDIITTEES OF CU�1-
9 GRESS DEFI�'ED.—In this paragraph, tlie term
10 `appropriate committees of Congress' means—
11 "(i) the Committee on the Judiciary,
12 the Committee on Foreign Relations, and
13 the Committee on Appropriations of the
14 Senate; and
15 "(ii) the Committee on the Judiciary,
16 the Committee on Foreign Affairs, and the
17 Committee on Appropriations of the House
18 of Representatives.".
19 SEC. 4503. ENCOURAGING CANAD�AN TOUR,ISM TO THE
ZO LTNITED STATES.
21 Section 214 (8 U.S.C. 1184), as amended by sections
22 3609, 4233, and 4405, is further amended by adding at
23 the end tlie following:
Z.4 "(v� CANADIAN RETIREES.-
•HR 15 IH
969
1 "(1) I� GE�E�.—The Secretary of Homeland
2 Security may admit as a visitor for pleasure as de-
3 scribed in section 101(a)(15)(S) any alien for a pe-
4 riod not to exceed 240 d�ys, if the alien dem-
5 onstrates, to tlle satisfaetion of tlie Secretary, tliat
6 the alien—
7 "(A) is a citizen of Canada;
8 "(B) is at least 55 years of age;
9 "(C) maintains a residence in Canada;
10 "(D) owns a residence in the United States
11 or has signed a rental agreement for accom-
12 modations in the United States for the duration
13 of the alien's stay in the United States;
14 "(E) is not inadmissible under section 212;
15 "(F) is not described in an,y ground of de-
16 portability under seetion 237;
17 "(G) will not engage in employment or
18 labor for hire in the United States; and
19 "(H) will not seek an,y form of assistance
20 or bene�it described in section 403(a) of the
21 Personal Responsibility and Work Opportunity
22 Reconciliation Act of 1996 (8 U.S.C. 1613(a)).
23 "(2) SPot;sE.—The spouse of an �lien de-
24 scribed in paragraph (1) may be admitted under the
25 same terms as the principal alien if the spouse satis-
•HR 15 IH
970
1 fies the requirements of paragraph (1), other than
2 subparagraphs (B) and (D).
3 "(3) I�I�IG��T I�TENT.—In determining eli-
4 gibility for admission under this subsection, mainte-
5 nance of a residence irl t�ie United States shall not
6 be considered evidence of intent by the alien to
7 abandon the alien's residence in Canada.
g "(4) PERIOD OF ADMISSION.—During any Sin-
9 gle 365-day period, an alien may be admitted as de-
10 scribed in section 101(a)(15)(B) pursuant to this
11 subsection for a period not to exceed 240 days, be-
12 ginning on the date of admission. Unless an exten-
13 sion is approved by the Secretary, periods of time
14 spent outside the United States during such 240-day
15 period shall not toll the e�piration of sueh 240-day
16 period.".
17 SEC. 4504. RETIREE VISA.
18 (a) NOIvI�IMIG��vTT ST�TUS.—Section 101(a)(15),
19 as amended, is further amended by inserting after sub-
20 paragraph (X) the following:
21 "(Y) subject to section 214(w), an alien
22 who, after the date of the enactment of the
23 JOLT Act of 2013—
24 "(i)(I) uses a-t least $500,000 in cash
25 to purch�,se 1 or more residences in the
•HR 15 IA
1011
1 SEC. 4503. ENCOURAGING CANADIAN TOUR.ISM TO THE
2 iTNITED STATES.
3 Section 214 (8 U.S.C. 1184), as amended by sections
4 3609, 4233, and 4405, is further amended by adding at
5 the end the follow-ing:
6 "�V� C1INADIAN RETIREES,-
7 "(1) I� c�E:vE�.—The Secretary of Homeland
8 Security may admit as a visitor for pleasure as de-
9 scribed in section 101(a)(15)(B) any alien for a pe-
10 riod not to exceed 240 days, if the alien dem-
11 onstrates, to the satisfaction of the Secretary, tliat
12 the alien—
13 "(A) is a citizen of Canada;
14 "(B) is at least 55 years of age;
15 "(C) maintains a residence in Canada;
16 "(D) owns a residence in the United States
17 or has signed a rental agreement for accom-
18 modations in the United States for the duration
19 of the alien's stay in the United States;
20 "(E) is not inadmissible under section 212;
21 "(F) is not described in any ground of de-
22 portability under section 237;
23 "(G) will not engage in employment or
24 labor for hire in the United States; and
25 "(H) will not seek any form of assistance
26 or benefit described in section 403(a) of the
S 744 PAP
1012
1 Personal Responsibility and Work Opportunity
2 Reconciliation Act of 1996 (8 U.S.C. 1613(a,)).
3 "(2) SPOLs�.—The spouse of an alien de-
4 scribed in paragraph (1) may be admitted under the
5 same terrns as tlle principal alien if the spouse satis-
6 fies the requirements of paragraph (1), other than
7 subparagraphs (B) and (D).
8 "(3) I�I�Ir�,a�vTT I�TE�T.—In determining eli-
9 gibility for admission under this subsection, mainte-
10 nance of a residence in the United States shall not
11 be considered evidenee of intent by the alien to
12 abandon the alien's residence in Canada.
13 "(4) PERIOD OF ADMISSION.—During any sin-
14 gle 365-day period, an alien may be admitted as de-
15 scribed in section 101(a)(15)(B) pursuant to tlus
16 subsection for a period not to exceed 240 days, be-
17 ginning on the date of admission. Unless an exten-
18 sion is approved b,y the Secretary, periods of time
19 spent outside the United States during such 240-da,y
20 period shall not toll the e�piration of such 240-day
21 period.".
22 SEC. 4504. RETIREE VISA.
23 (a) �Oi�IDI�VIICxRAlVT ST�Ttrs.—Section 101(a)(15),
24 as amended, is further amended by inserting after sub-
25 paragraph (X) the following:
s �� raP