BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1422
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          Date of Hearing:  May 9, 2011

                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION
                                Henry T. Perea, Chair

            AB 1422 (Committee on Revenue and Taxation) - As Introduced:  
                                   March 22, 2011

          Majority vote.

          SUBJECT  :  Property taxation. 
             
           SUMMARY  :  Makes several non-controversial changes to 
          California's property tax law.   Specifically,  this bill  :  

          1)Extends from 30 days to 6 months the period within which a 
            homeowner, who is transferring a base year value from his/her 
            principal residence to a newly purchased replacement home, 
            must notify the county assessor of the completion of new 
            construction on the replacement home. 

          2)Replaces obsolete statutory references to the "Civil 
            Aeronautics Board of the United States" (which no longer 
            exists) with the phrase the "Federal Aviation Administration" 
            and deletes the obsolete statutory references to the 
            "California Public Utilities Commission" in the definitions of 
            "certificated aircraft," "air taxi," and "aircraft."

          3)Clarifies the period within which a person filing an affidavit 
            of interest must apply to the tax collector to have a parcel 
            separately valued on the current roll for the purpose of 
            paying property taxes. 

           EXISTING LAW  :

          1)Provides that all property is taxable unless explicitly 
            exempted by the California Constitution or federal law.  The 
            Constitution limits the maximum amount of any ad valorem tax 
            on real property at 1% of full cash value, and the annual 
            increases to that value are limited to the rate of inflation, 
            not to exceed 2%.

          2)Requires a reassessment of real property to current fair 
            market value upon a change of ownership, but creates 
            exceptions to numerous transfers.  The value of the property   








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                       established initially for property tax purposes is 
            generally referred to as "base year value", which is subject 
            to annual increases for inflation, not to exceed 2%.

          3)Allows property owners over 55 years of age or disabled 
            persons once-in-a-lifetime opportunity to transfer the base 
            year value of their principle residence, within two years from 
                         the sale of the original residence, to a 
            replacement home of equal or lesser value within the same 
            county (Proposition 60, 1988), or to a replacement home in 
            counties that have adopted            ordinances allowing the 
            transfer (Proposition 90, 1990), provided certain conditions 
            are met and the county assessor is properly notified.  
            Currently, Alameda, Los Angeles, Orange, San Diego, San Mateo, 
            Santa Clara, and Ventura Counties allow these out-of-county 
            transfers.  Base year transfers allow taxpayers to continue to 
            pay property taxes at the amount and rate of growth of their 
            previous home and prevent reassessments of their newly 
            purchased homes to full market value.

          4)Allows a homeowner, who has been granted a base year value 
            transfer from his/her original residence to a replacement 
            dwelling, to perform new construction on the replacement       
                   property subsequent to the transfer and exempts the new 
            construction from assessment.  The new construction must be 
            completed within two years of the sale of the original 
            property and its value may not exceed the sales price of the 
            original property.  Requires homeowners to notify the assessor 
            in writing of the completion of new construction within 30 
            days in order for the new construction to be eligible for the 
            property tax relief.

          5)Provides that a county assessor may re-number or re-letter 
            parcels or prepare new map pages to show combinations or 
            divisions of parcels.  ÝRevenue & Taxation Code (R&TC) Section 
            327]. 

          6)Allows any person filing an affidavit of interest to apply to 
            the tax collector to have any parcel separately valued for the 
            purpose of paying property taxes (R&TC Section 2821) and 
            requires the assessor to determine the separate valuation of 
            that individual interest in the parcel (R&TC Section 2823).  

          7)Requires that applications requesting separate assessment for 
            the purpose of paying property taxes be made during the 








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            current fiscal year - from July 1 until June 30; however, it 
            authorizes a county board of supervisors to prohibit these 
            applications during the 10 working days preceding each tax 
            installment delinquency - December 10th and April 10th - and 
            during the 10 working days preceding June 30 of each year. 

          8)Prohibits separate valuations after the lien date (January 1) 
            immediately preceding the current fiscal year when the parcel 
            is covered by a subdivision map filed for recordation with the 
            county recorder.  Allows a waiver of this prohibition, 
            however, with respect to requests for separate valuation of 
            new subdivision lots created after the lien date. 

          9)Provides that any subdivision of property for the purpose of 
            sale, lease, or finance is subject to the Subdivision Map Act. 
             Subdivisions into five or more parcels require local 
            government approval of both a tentative subdivision map, which 
            is discretionary, and a final subdivision map, which is 
            ministerial once all of the conditions of the tentative map 
            have been fulfilled.  Subdivisions into four or fewer parcels 
            require local government approval of a parcel map, which is 
            discretionary.  In either case, once a map is approved by the 
            local government, the clerk of the council or board of 
            supervisors must transmit the map to the county recorder for 
            recordation.  The county recorder has 10 days to accept or 
            reject the map for recordation. 

           FISCAL EFFECT  :  None

           COMMENTS  :   

           1)The Purpose of the Bill  .  Sponsored by the California 
            Assessors' Association (CAA), AB 1422 is a technical, 
            non-controversial bill that improves local administration of 
            property tax laws for the benefit of taxpayers and assessors 
            alike.  Consolidating the measures into a single bill negates 
            the need for individual bills to enact each change.   
           
           2)Extension of Time to Notify the Assessor  .  Under existing law, 
            homeowners who do not file a "base year value transfer" claim 
            to notify the assessor within 30 days of completing the new 
            construction are barred from receiving the full benefit of a 
            base year value transfer to which they are otherwise entitled. 
             This bill would amend R&TC Section 69.5(h)(4)(A) to increase 
            from 30 days to 6 months the time that the property owner has 








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            to notify the assessor when the additional construction is 
            completed.  Thus, this bill gives homeowners more time to 
            include, under the initial base year value transfer, the value 
            of new construction improvement made to the replacement home.  
            The value of the improved replacement home still may not 
            exceed the market value of the original property sold, as 
            determined in the original claim for a base year value 
            transfer.  As noted by the Board of Equalization staff, the 
            assessor already receives copies of all building permits 
            issued in the county, and thus, this amendment would allow the 
            assessor to extend automatically "the benefit of the base year 
            value transfer to the new construction, when applicable, 
            without any further action or paperwork from the property 
            owner."

           3)Separate Assessment Requests  .  This bill would authorize a 
            board of supervisors to allow filing of applications for 
            requests for separate assessments only between July 1 and 
            March 31, which means that, in counties that approve this new 
            timeline, applications for separate parcel assessment would 
            not be accepted in the months of April, May, and June.  

          According to the sponsor, this amendment is  follow up 
            legislation sponsored by the CAA in 2009 - ÝSB 822 (Committee 
            on Revenue and Taxation), Chapter 204] - which allows 
            assessors to create a separate valuation of five or more lots 
            created after the lien date.  Splitting parcels in five or 
            more lots created after the lien date requires a preparation 
            of separate tax bills that must be mailed by November 1.  In 
            order to allow enough time to process an application for 
            separate assessments - from initial processing to the issuance 
            of the tax bills - this bill proposes an application deadline 
            of April 1. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Assessors' Association (sponsor)

           Opposition 
           
          None on file
           
          Analysis Prepared by  :  Oksana Jaffe / REV. & TAX. / (916) 








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          319-2098