Bill Text: CA ACA12 | 2015-2016 | Regular Session | Introduced
Bill Title: Property taxation: base year value transfers.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-11-30 - Died at Desk. [ACA12 Detail]
Download: California-2015-ACA12-Introduced.html
BILL NUMBER: ACA 12 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mullin
APRIL 18, 2016
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending
subdivision (a) of Section 2 of Article XIII A thereof, relating to
taxation.
LEGISLATIVE COUNSEL'S DIGEST
ACA 12, as introduced, Mullin. Property taxation: base year value
transfers.
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. The California Constitution authorizes the
Legislature to provide that a severely disabled person and a person
over 55 years of age may, subject to certain conditions, 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 purchased
or newly constructed within 2 years of the sale of the original
property.
This measure would additionally authorize the Legislature to
provide for the transfer of base year value to a replacement dwelling
that is purchased or newly constructed on or after the effective
date of this measure that is of greater value, and would require the
base year value of the replacement dwelling to be calculated by
adding the difference between the full cash value of the original
property and the full cash value of the replacement dwelling to the
base year value of the original property. The measure would also make
various technical changes.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2015-16 Regular Session
commencing on the first day of December 2014, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California, that the Constitution of the State be
amended as follows:
That subdivision (a) of Section 2 of Article XIII A thereof is
amended to read:
(a) (1) The "full cash value" means the
county assessor's valuation of real property as shown on the 1975-76
tax bill under "full cash value" or, thereafter, the appraised value
of real property when purchased, newly constructed, or a change in
ownership has occurred after the 1975 assessment. All real property
not already assessed up to the 1975-76 full cash value may be
reassessed to reflect that valuation. For purposes of this section,
"newly constructed" does not include real property that is
reconstructed after a disaster, as declared by the Governor, where
the fair market value of the real property, as reconstructed, is
comparable to its fair market value prior to the disaster. For
purposes of this section, the term "newly constructed" does not
include that portion of an existing structure that consists of the
construction or reconstruction of seismic retrofitting components, as
defined by the Legislature.
However,
(2) However, the Legislature may
provide that, under appropriate circumstances and pursuant to
definitions and procedures established by the Legislature, any person
over the age of 55 years of age who
resides in property that is eligible for the homeowner's exemption
under subdivision (k) of Section 3 of Article XIII and any
implementing legislation may transfer the base year value of the
property entitled to exemption, with the adjustments authorized by
subdivision (b), to in both of the following
circumstances:
(A) To any replacement dwelling
of equal or lesser value located within the same county and purchased
or newly constructed by that person as his or her principal
residence within two years of the sale of the original property.
For purposes of this section, "any person over the age of 55
years" includes a married couple one member of which is over the age
of 55 years. For purposes of this section, "replacement dwelling"
means a building, structure, or other shelter constituting a place of
abode, whether real property or personal property, and any land on
which it may be situated. For purposes of this section, a
two-dwelling unit shall be considered as two separate single-family
dwellings. This paragraph shall apply This
subparagraph applies to any replacement dwelling that was
purchased or newly constructed on or after November 5, 1986.
(B) To any replacement dwelling of greater value located within
the same county and purchased or newly constructed by that person as
his or her principal residence within two years of the sale of the
original property, but only with respect to those replacement
dwellings purchased or newly constructed on or after the effective
date of this subparagraph. The base year value of the replacement
dwelling shall be calculated by adding the difference between the
full cash value of the original property and the full cash value of
the replacement dwelling to the base year value of the original
property.
In
( 3) In addition, the
Legislature may authorize each county board of supervisors, after
consultation with the local affected agencies within the county's
boundaries, to adopt an ordinance making the provisions of this
subdivision relating to transfer of base year value also applicable
to situations in which the replacement dwellings are located in that
county and the original properties are located in another county
within this State. For purposes of this paragraph, "local affected
agency" means any city, special district, school district, or
community college district that receives an annual property tax
revenue allocation. This paragraph applies to any replacement
dwelling that was purchased or newly constructed on or after the date
the county adopted the provisions of this subdivision relating to
transfer of base year value, but does not apply to any replacement
dwelling that was purchased or newly constructed before November 9,
1988.
The
(4) The Legislature may extend
the provisions of this subdivision relating to the transfer of base
year values from original properties to replacement dwellings of
homeowners over the age of 55 years of age
to severely disabled homeowners, but only with respect to those
replacement dwellings purchased or newly constructed on or after
the effective date of this paragraph. June 6,
1990.
(5) For purposes of this section, the following shall apply:
(A) "Any person over 55 years of age" includes a married couple
one member of which is over 55 years of age.
(B) "Replacement dwelling" means a building, structure, or other
shelter constituting a place of abode, whether real property or
personal property, and any land on which it may be situated.
(C) A two-dwelling unit shall be considered as two separate
single-family dwellings.
