Betsy Butler
- Democratic
Author
The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, "full cash value" is defined as the assessor's valuation of real property as shown on the 1975–76 tax bill under "full cash value" or, thereafter, the appraised value of that real property when purchased, newly constructed, or a change in ownership has occurred. Existing property tax law specifies those circumstances in which the transfer of ownership interests results in a change in ownership of the real property, and provides that certain transfers do not result in a change of ownership. This bill would provide that a transfer of a cotenancy interest, as defined, in real property from one cotenant to the other that takes effect upon the death of the transferor cotenant and that occurs on or after January 1, 2013, does not constitute a change of ownership, as provided. This bill would require the transferee cotenant to sign an affidavit, as specified, under penalty of perjury. By imposing new duties upon local tax officials with respect to changes in ownership of real property, and by requiring the transferor cotenant to sign an affidavit under penalty of perjury which would expand the scope of the existing crime of perjury, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 781, Statutes of 2012.
Enrolled and presented to the Governor at 5 p.m.
In Assembly. Ordered to Engrossing and Enrolling.
Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 1. Page 4475.).
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0.) (July 2).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (June 20). Re-referred to Com. on APPR.
Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 23. Page 4704.)
In Senate. Read first time. To Com. on RLS. for assignment.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 12. Noes 4.) (April 25).
Read second time and amended.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 9).
From committee: Do pass and re-refer to Com. on REV. & TAX. (Ayes 6. Noes 3.) (March 21). Re-referred to Com. on REV. & TAX.
Re-referred to Coms. on L. GOV. and REV. & TAX. pursuant to Assembly Rule 96.
Referred to Coms. on REV. & TAX. and L. GOV.
From printer. May be heard in committee March 17.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1700 | HTML |
| 02/15/12 - Introduced | |
| 04/17/12 - Amended Assembly | |
| 08/16/12 - Enrolled | |
| 09/29/12 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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