Property tax: base year value transfers.
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SB 274 — Property tax: base year value transfers.
Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
(1) 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, provided the replacement dwelling is purchased or newly constructed within 2 years of the sale of the original property, subject to certain conditions. This bill would provide that the base year value of an original property may be transferred to a replacement dwelling 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 property to the base year value of the original property. This bill would extend the period of time during which a severely disabled person or a person over 55 years of age has to purchase or construct a replacement dwelling, in order to qualify for the transfer, from 2 years to 3 years of the sale of the original property. (2) Existing law defines "full cash value of the replacement dwelling" for purposes of this property tax relief to mean the replacement dwelling's full cash value, determined in accordance with a specified provision, as of the date on which the replacement dwelling was purchased or new construction was completed. This bill would provide that full cash value of the replacement dwelling may also mean, in specified circumstances, the fair market value of the replacement dwelling, determined in accordance with a specified provision, as of the date on which the original property is sold.  (3) 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. 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. (4) 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. (5) This bill would take effect immediately as a tax levy, but would become operative only if Senate Constitutional Amendment 11 of the 2009–10 Regular Session is approved by the voters.
Bill Text
- Amended 04/30/09 - Amended Senate Current pdf April 30, 2009
- Introduced 02/24/09 - Introduced pdf February 24, 2009
- SB274 View text html
Action History
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Returned to Secretary of Senate pursuant to Joint Rule 56.
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Set, first hearing. Failed passage in committee. (Ayes 3. Noes 4. Page 915.) Reconsideration granted.
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From committee with author's amendments. Read second time. Amended. Re-referred to Com. on REV. & TAX.
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Set for hearing May 13.
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To Com. on REV. & TAX.
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From print. May be acted upon on or after March 27.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Dutton · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No
Sponsors (1)
- Dutton
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 1 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 1 |
| % of votes cast | 88% | 0% | 0% | 13% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Runner | — | Yea |
| Florez | — | Yea |
| Walters | — | Yea |
| Alquist | — | Not Voting |
| Ashburn | — | Yea |
| Wiggins | — | Yea |
| Wolk | — | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 3 | 0 | 1 |
| Democratic | 0 | 1 | 0 | 0 |
| Total | 3 | 4 | 0 | 1 |
| % of votes cast | 38% | 50% | 0% | 13% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Runner | — | Yea |
| Walters | — | Yea |
| Alquist | — | Not Voting |
| Ashburn | — | Yea |
| Wiggins | — | Nay |
| Wolk | — | Nay |
| Florez | — | Nay |
| Padilla, Stephen C. | Democratic | Nay |
Subjects
Frequently asked questions
- What does SB 274 do?
- (1) 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, provided the replacement dwelling is purchased or newly constructed within 2 years of the sale of the original property, subject to certain conditions. This bill would provide that the base year value of an original property may be transferred to a replacement dwelling 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 property to the base year value of the original property. This bill would extend the period of time during which a severely disabled person or a person over 55 years of age has to purchase or construct a replacement dwelling, in order to qualify for the transfer, from 2 years to 3 years of the sale of the original property. (2) Existing law defines "full cash value of the replacement dwelling" for purposes of this property tax relief to mean the replacement dwelling's full cash value, determined in accordance with a specified provision, as of the date on which the replacement dwelling was purchased or new construction was completed. This bill would provide that full cash value of the replacement dwelling may also mean, in specified circumstances, the fair market value of the replacement dwelling, determined in accordance with a specified provision, as of the date on which the original property is sold.  (3) 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. 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. (4) 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. (5) This bill would take effect immediately as a tax levy, but would become operative only if Senate Constitutional Amendment 11 of the 2009–10 Regular Session is approved by the voters.
- Who sponsors SB 274?
- SB 274 is sponsored by Dutton.
- What is the current status of SB 274?
- This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 274?
- Track SB 274 free on One Click Politics — get push/email alerts when it moves.
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