AB 103 California Assembly · 2009-2010 Regular Session

Property taxation: change in ownership: exclusion.

Summary
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 before January 1, 2020, does not constitute a change of ownership, as provided. This bill would require the transferor cotenant to sign an affidavit, as specified, under penalty of perjury. The bill would repeal these provisions on January 1, 2020. By requiring the transferor cotenant to sign an affidavit under penalty of perjury, this bill would expand the scope of the existing crime of perjury, and thereby 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 no reimbursement is required by this act for a specified reason. 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.
Bill status failed 1 of 4 stages cleared
Introduction
Jan 2009
Committee Review
Floor Vote
Governor
Introduced Jan 8, 2009 Last action Feb 2, 2010
Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
11
Key actions
2
Committee
6
Amendments
1
May 28, 2009
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
May 19, 2009
Lower · Passed
From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 3.) (May 18).
lower
Apr 23, 2009
Committee
Re-referred to Com. on REV. & TAX.
lower
Apr 22, 2009
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.
lower
Apr 13, 2009
Committee
In committee: Set, first hearing. Referred to . suspense file.
lower
Mar 4, 2009
Committee
Referred to Com. on REV. & TAX.
lower
Jan 9, 2009
Lower · Passed
From printer. May be heard in committee February 8.
lower
0 primary · 9 co-sponsors

Sponsors

No sponsor information available.