BILL NUMBER: AB 2357	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Plescia

                        FEBRUARY 19, 2004

   An act to amend Sections 218 and 275 of the Revenue and Taxation
Code, relating to taxation, to take effect immediately, tax levy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2357, as introduced, Plescia.  Taxation: homeowners' property
tax exemption:  senior citizens.
   Existing property tax law provides, pursuant to a specified
provision of the California Constitution, for a homeowners' exemption
in the amount of $7,000 of the full value of a "dwelling," as
defined.  The California Constitution authorizes the Legislature to
increase the amount of the exemption.  Existing property tax law
reduces the amount of this exemption to the lesser of $5,600 or 80%
of the full value of the dwelling, if a claimant for the exemption
does not claim the exemption before a specified date.
   This bill would, for assessment years beginning on or after
January 1, 2005, pursuant to the Legislature's authority under the
California Constitution, increase the amount of this exemption to
$10,000 for assessees that are age 62 years or older.  This bill, for
assessment years beginning on or after January 1, 2005, also would,
for assessees age 62 years or older who do not claim the exemption
before a specified date, allow an exemption of the lesser of $8,000
or 80% of the full value of the dwelling.  By requiring local tax
officials to implement new exemption amounts and new exemption
criteria, this bill would impose a state-mandated local program.
   The California Constitution requires the Legislature, in each
fiscal year, to reimburse local governments for the revenue losses
incurred by those governments in that fiscal year as a result of the
homeowners' property tax exemption.
   This bill would state the intent of the Legislature to make this
required reimbursement in the annual Budget Act.
   The California Constitution requires the Legislature to increase
benefits for qualified renters whenever the Legislature increases the
homeowners' property tax exemption.
   This bill would state the intent of the Legislature to implement a
program to meet this requirement for qualified renters.
  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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   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.
   This bill would take effect immediately as a tax levy.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 218 of the Revenue and Taxation Code is amended
to read:
   218.  (a)  (1)  The homeowners' property tax exemption is
in the amount of the assessed value of the dwelling specified in
this section, as authorized by subdivision (k) of Section 3 of
Article XIII of the Constitution.  That exemption  shall be
  is, except as otherwise provided in paragraph (2),
 in the amount of seven thousand dollars ($7,000) of the full
value of the dwelling.  
   (2) For any assessment year beginning on or after January 1, 2005,
if the assessee for a dwelling is age 62 years or older, the
exemption is in the amount of ten thousand dollars ($10,000) of the
full value of the dwelling. 
   (b) The exemption does not extend to property that is rented,
vacant, under construction on the lien date, or that is a vacation or
secondary home of the owner or owners, nor does it apply to property
on which an owner receives the veteran's exemption.
   (c) For purposes of this section, all of the following apply:
   (1) "Owner" includes a person purchasing the dwelling under a
contract of sale or who holds shares or membership in a cooperative
housing corporation, which holding is a requisite to the exclusive
right of occupancy of a dwelling.
   (2) (A) "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.  A two-dwelling
unit shall be considered as two separate single-family dwellings.
   (B) "Dwelling" includes the following:
   (i) A single-family dwelling occupied by an owner thereof as his
or her principal place of residence on the lien date.
   (ii) A multiple-dwelling unit occupied by an owner thereof on the
lien date as his or her principal place of residence.
   (iii) A condominium occupied by an owner thereof as his or her
principal place of residence on the lien date.
   (iv) Premises occupied by the owner of shares or a membership
interest in a cooperative housing corporation, as defined in
subdivision (i) of Section 61, as his or her principal place of
residence on the lien date.  Each exemption allowed pursuant to this
subdivision shall be deducted from the total assessed valuation of
the cooperative housing corporation.  The exemption shall be taken
into account in apportioning property taxes among owners of share or
membership interests in the cooperative housing corporations so as to
benefit those owners who qualify for the exemption.
   (d) Any dwelling that qualified for an exemption under this
section prior to October 20, 1991, that was damaged or destroyed by
fire in a disaster, as declared by the Governor, occurring on or
after October 20, 1991, and before November 1, 1991, and that has not
changed ownership since October 20, 1991,  shall 
 may  not be disqualified as a "dwelling" or be denied an
exemption under this section solely on the basis that the dwelling
was temporarily damaged or destroyed or was being reconstructed by
the owner.
   (e) The exemption provided for in subdivision (k) of Section 3 of
Article XIII of the Constitution shall first be applied to the
building, structure or other shelter and the excess, if any, shall be
applied to any land on which it may be located.
  SEC. 2.  Section 275 of the Revenue and Taxation Code is amended to
read:
   275.  (a) If a claimant for the homeowners' property tax exemption
fails to file the required affidavit with the assessor by 5 p.m. on
February 15 of the calendar year in which the fiscal year begins, but
files that affidavit on or before the following December 10, an
exemption of the lesser of five thousand six hundred dollars ($5,600)
or 80 percent of the full value of the dwelling shall be granted by
the assessor  , except as otherwise provided by this section with
respect to a claimant who is age 62 years or older.  If a claimant,
subject to the preceding sentence, is age 62 years or older, the
exemption granted by the assessor pursuant to this section for claims
filed for assessment years beginning on or after January 1, 2005,
shall instead be the lesser of eight thousand dollars ($8,000), or 80
percent of the full value of the dwelling  .
   (b) On claims filed pursuant to subdivision (a) after November 15,
this partial homeowners' exemption may be applied to the second
installment, and if applied to the second installment, the first
installment will still become delinquent on December 10 and the
delinquent penalty provided for in this division will attach if the
tax amount due is not paid.
   If this partial homeowners' exemption is applied to the second
installment and if both installments are paid on or before December
10 or if the reduction in taxes from this partial exemption exceeds
the amount of taxes due on the second installment, a refund shall be
made to the taxpayer upon a claim submitted by the taxpayer to the
auditor.
  SEC. 3.  It is the intent of the Legislature to provide in the
annual Budget Act those additional reimbursements to local
governments that, as a result of this act, are required by Section 25
of Article XIII of the California Constitution.
  SEC. 4.  Pursuant to subdivision (k) of Section 3 of Article XIII
of the California Constitution, it is the intent of the Legislature
to implement a program for qualified renters, age 62 years or older,
that provides a benefit that is comparable to the benefit given by
this act to homeowners of the same age.
  SEC. 5.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 6.  This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.