BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 384
                                                                  Page  1

          Date of Hearing:   January 21, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                     AB 384 (Ma) - As Amended:  January 4, 2010 

          Policy Committee:                              Revenue and  
          Taxation     Vote:                            8-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill extends, from 2010-11 to 2015-16, the application of  
          the current standard assessment methodology for determining the  
          fair market value of certificated aircraft owned by commercial  
          air carriers for property tax purposes. 


           FISCAL EFFECT  

          1)The State Board of Equalization (BOE) estimates that this bill  
            will have no revenue impact since the existing valuation  
            methodology is a reasonable method for determining fair market  
            value of certificated aircraft and this bill simply extends  
            the application of this methodology.

          2)Major administrative savings to both county assessors and  
            airlines due to continued use of a standard assessment  
            methodology. 


           COMMENTS  

           1)Rationale  . This bill is sponsored by the California Assessors'  
            Association (CAA), which states that its purpose is to  
            continue operation of a successful centralized assessment  
            procedure, resulting in administrative efficiencies for both  
            the air carriers and the counties. 

            The bill is nearly identical to AB 311, which passed both  
            houses of the Legislature in 2009.  The bill was vetoed by the  
            governor, however, who stated that, while the bill represented  








                                                                  AB 384
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            a continuation of an important tax assessment methodology, its  
            provisions did not reflect a consensus among stakeholders. 

           2)Opposition.  While most major airlines and the California  
            Assessors' Association supported AB 311, Southwest Airlines  
            opposed the measure on the grounds that the current  
            methodology's reliance on the Airliner Price Guide to  
            determine fleet values has led to unwarranted increases in  
            assessed values of its newer aircraft.

            AB 384 attempts to address this concern by including  
            "rebuttable presumption" language, allowing a taxpayer to  
            appeal the valuation. Under the language, an assessment  
            appeals board could make an alternative assessment for the  
            aircraft when the facts presented in an appeal clearly  
            overcome the presumption of correctness of the standard  
            methodology. Despite this language, Southwest Airlines remains  
            opposed to the new measure. 

           3)Background  . Certificated aircraft used in commercial aviation  
            are subject to California's property tax. As personal  
            property, the aircraft are not subject to the valuation  
            limitations of Proposition 13. Hence, they must be valued each  
            year. 

            Aircraft valuation was a contentious issue prior to 1998, as  
            no specific assessment methodology existed in California. In  
            1998, a group of counties and airline industry representatives  
            entered into a written settlement agreement to dispose of  
            outstanding litigation and appeals over the valuation of  
            certificated aircraft.  The settlement agreement created a new  
            unified assessment methodology for valuing aircraft that was  
            subsequently codified into law. The calculations were refined  
            in 2005 by a working group of industry and county  
            representatives, to apply more consistent standards for  
            aircraft valuation.

            The current valuation methodology has three key elements.  
            First is the selection of a lead county for the purpose of  
            valuing each carrier's fleet of aircraft. Second is the  
            determination by the lead county assessor of the total value  
            of the full fleet of each type of aircraft operated by the  
            carrier based on standard valuation methods, which may include  
            reliance on prices derived from the "Airliner Price Guide".  
            (This guide is an industry "blue book" of new and used  








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            aircraft and engine values, based on actual transactions).  
            Third is the transmission of total fleet value to assessors in  
            each county where the carrier operates, who then allocate a  
            portion of the total fleet value to their county based  
            percentage of the fleet's time spent in their county. The  
            latter calculation is based on a formula that takes into  
            account the percentage of the fleet's total landings occurring  
            in the county and information from the airlines flight  
            schedule. 


           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081