Bill SB-1415

Bill proposed by Senator Walters: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1401-1450/sb_1415_bill_20100219_introduced.pdf (17 pages long

SENATE BILL No. 1415

Introduced by Senator Walters

February 19, 2010

An act to amend Section 69.5 of the Revenue and Taxation Code,

relating to taxation, to take effect immediately, tax levy.

legislative counsel’s digest

SB 1415, as introduced, Walters. Property tax: intercounty base year

value transfers.

The California Constitution authorizes the Legislature to provide that

a person who is either severely disabled or over the age of 55 years may

transfer the base year value, as defined, of property that is eligible for

the homeowners’ property tax exemption to a replacement dwelling

that is of equal or lesser value located within the same county as the

property from which the base year value is transferred, and if a county

ordinance so providing has been adopted, to a replacement dwelling

that is located in a different county.

This bill would authorize any person over the age of 65 years to

transfer the base year value of an original property to a replacement

dwelling located in a different county without the adoption of a county

ordinance so providing. This bill would require this provision to be

applied only to intercounty transfers of base year value that occur on

or after January 1, 2011.

By changing the manner in which local assessors assess property for

property taxation purposes, 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.

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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 these statutory

provisions.

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.

This bill would take effect immediately as a tax levy, but would

become operative only if Senate Constitutional Amendment ____ of

the 2009–10 Regular Session is approved by the voters.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:

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(follow above link or download pdf for all 17 pages.

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