SB 824 — Taxation.

Summary

(1) The State Board of Equalization administers various taxes within the state. Existing law requires the board to hold regular meetings at the State Capitol each month, and authorizes it to hold special meetings at such times and places within the state as the chairperson directs. This bill would instead require that the State Board of Equalization hold at least one regular meeting in Sacramento each quarter and authorizes the board to hold the required monthly meetings at times and places within the state as the chairperson directs. (2) Existing property tax law provides, pursuant to a requirement of the California Constitution, that the property tax base year value of real property that is substantially damaged or destroyed by a disaster, as declared by the Governor, may be transferred to a comparable property located within the same county that is acquired or newly constructed within 3 years after the disaster as a replacement property. Existing law provides that a property is substantially damaged or destroyed if it sustains physical damage amounting to more than 50% of its full cash value immediately prior to the disaster. This bill would provide that property is substantially damaged or destroyed if either the land or improvements sustain the specified amount of damage. (3) Existing property tax law, pursuant to the authorization of the California Constitution, authorizes counties to adopt an ordinance allowing the transfer of the property tax base year value of property in another county in the state that has been substantially damaged or destroyed by a disaster, as provided, to comparable replacement property, of equal or lesser value, that is located in the adopting county and is acquired or newly constructed within 3 years of the damage to, or destruction of, the original property. Existing law provides that a property is substantially damaged or destroyed if it sustains physical damage amounting to more than 50% of its full cash value immediately prior to the disaster. This bill would provide that property is substantially damaged or destroyed if either the land or improvements sustain the specified amount of damage. (4) Existing property tax law provides for various exemptions from taxation, including an exemption for property owned and operated by various entities in accordance with the welfare exemption. Existing law provides that property that is leased to a community college, state college, or state university for educational purposes falls within the welfare exemption. Existing law also provides for various filing procedures and requirements when an organization or church claims the welfare exemption. This bill would update the eligible lessees to include public schools and the University of California to conform with current law. This bill would also revise the filing procedures and requirements for an organization or church claiming a welfare exemption. (5) Existing property tax law provides, pursuant to the authorization of the California Constitution, for the exemption from property taxation of specified amounts of the assessed value of the home of a disabled veteran, or a veteran's spouse in the case in which the person has, as a result of a service-connected disease or injury, died while on active duty in military service. This bill would correct an erroneous cross-reference and remove obsolete references to prior exemption amounts. (6) Existing property tax law requires each county assessor and county recorder to make available a form known as a preliminary change in ownership report. Existing law specifies the contents of this form, but authorizes the State Board of Equalization to revise the form. This bill would delete the specified contents of this form and would instead require the State Board of Equalization, after consultation with the California Assessors' Association and interested parties, to prescribe the contents of the form. This bill would require that this form contain information that includes, but is not limited to, a description of the property, the parties to the transaction, the date of acquisition, the amount, if any, of the consideration paid for the property, whether paid in money or otherwise, and the terms of the transaction. This bill would also make conforming changes to a related provision. (7) 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. (8) 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, 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.

Bill Text

• Chaptered 08/06/09 - Chaptered Current pdf August 06, 2009
• Enrolled 07/10/09 - Enrolled pdf July 10, 2009
• Introduced 03/10/09 - Introduced pdf March 10, 2009
• SB824 View text html

Action History

1. August 06, 2009

   Chaptered by Secretary of State. Chapter 67, Statutes of 2009.

2. August 05, 2009

   Approved by Governor.

3. July 27, 2009

   Enrolled. To Governor at 11:30 a.m.

4. July 09, 2009

   In Senate. To enrollment.

5. July 09, 2009

   Read third time. Passed. (Ayes 74. Noes 0. Page 2450.) To Senate.

6. July 06, 2009

   Read second time. To Consent Calendar.

7. July 02, 2009

   (Heard in committee on July 1.)

8. July 02, 2009

   From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.)

9. June 16, 2009

   (Heard in committee on June 15.)

10. June 16, 2009

    From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) Re-referred to Com. on APPR.

11. May 21, 2009

    To Com. on REV. & TAX.

12. May 11, 2009

    In Assembly. Read first time. Held at Desk.

13. May 11, 2009

    Read third time. Passed. (Ayes 36. Noes 0. Page 829.) To Assembly.

14. May 06, 2009

    To Special Consent Calendar.

15. May 05, 2009

    Read second time. To third reading.

16. May 04, 2009

    From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

17. April 24, 2009

    Set for hearing May 4.

18. April 23, 2009

    From committee: Do pass, but first be re-referred to Com. on APPR with recommendation: To Consent Calendar. (Ayes 8. Noes 0. Page 639.) Re-referred to Com. on APPR.

19. April 03, 2009

    Set for hearing April 22.

20. March 19, 2009

    To Com. on REV. & TAX.

21. March 11, 2009

    From print. May be acted upon on or after April 10.

22. March 10, 2009

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Committee on Revenue and Taxation · Primary

Votes

Subjects