Amended in Assembly May 19, 2016

Amended in Assembly April 26, 2016

Amended in Assembly April 12, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2622


Introduced by Assembly Member Nazarian

(Coauthor: Assembly Member Ting)

February 19, 2016


An act to amend Sections 401.17, 441, 1153, and 1153.5 of the Revenue and Taxation Code, relating to taxation.

LEGISLATIVE COUNSEL’S DIGEST

AB 2622, as amended, Nazarian. Property taxation: certificated aircraft assessment.

Existing property tax law requires the personal property of an air carrier to be taxed at its fair market value, and the California Constitution requires property subject to ad valorem property taxation to be assessed in the county in which it is situated. Existing law, for the 2005-06 fiscal year to the 2016-17 fiscal year, inclusive, specifies a formula to determine the fair market value of certificated aircraft of a commercial air carrier, and rebuttably presumes that the amount determined pursuant to this formula is the fair market value of the certificated aircraft.

This bill would extend the 2016-17 fiscal year termination date to the 2019-20 fiscal year for the above-described provisions relating to the determination of the fair market value and taxation of certificated aircraft.

Existing law, until December 31, 2016, requires the Aircraft Advisory Subcommittee of the California Assessors’ Association to designate, after soliciting input from commercial air carriers operating in the state, a lead county assessor’s office for each commercial air carrier operating certificated aircraft in this state in an assessment year, and requires the lead county assessor to calculate the value of the air carrier’s personal property and to transmit these calculations to other county assessors, but specifies that each county assessor is responsible for assessing and enrolling the taxable value of the property in his or her county, as provided. Existing law, until December 31, 2016, also requires the lead county assessor’s office to lead a team to audit the books and records of commercial air carriers and requires a commercial air carrier that receives a notice of the designation of a lead county assessor’s office to file one signed property statement with the lead county assessor’s office for its personal property at all airport locations and fixtures at all airport locations. Existing law requires the lead county assessor’s office to receive the property statement of each commercial air carrier to which he or she is assigned.

This bill would extend the December 31, 2016, inoperative or repeal date to December 31, 2019, for the above-described provisions. The bill, on or before March 1, 2017, would additionally require the Aircraft Advisory Subcommittee of the California Assessors’ Association to designate contacts in each lead county assessor’s office for each commercial air carrier to address specified issues, and to establish best practices for the effective administration of the lead county system, audit process, and methods to evaluate converted freighters. The bill would require the lead county assessor’s office to transmit the property statement to the assessor of each county in which the personal property of the commercial air carrier is located or has acquired situs, including certificated aircraft. The bill would require a county assessor that receives a property statement from the lead county assessor’s office to direct questions about the contents of the property statement first to the lead county assessor’s office and then, if the lead county assessor’s office is unable to provide an answer, to the commercial air carrier that filed the property statement.

Existing property tax law requires the State Board of Equalization, after consultation with county tax assessors, to designate for each assessment year the representative period to be used by the assessors in assessing the aircraft of the carrier.

begin delete

This bill would state the intent of the Legislature to determine the most appropriate method of calculating the assessed value of certificated aircraft over a 365-day period.

end delete
begin insert

This bill would require the representative period to consist equally of a week or group of weeks in January and a week or group of weeks in July.

end insert

By extending the application of the aforementioned valuation process for certificated aircraft beyond the 2016-17 fiscal year, thereby imposing new duties upon a lead county assessor’s office, the 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 401.17 of the Revenue and Taxation
2Code
is amended to read:

3

401.17.  

(a) For the 2005-06 fiscal year to the 2019-20 fiscal
4year, inclusive, it shall be rebuttably presumed that the preallocated
5fair market value of each make, model, and series of mainline jets,
6production freighters, and regional aircraft that has attained situs
7within this state is the lesser of the sum total of the amounts
8determined under paragraph (1) or the sum total of the amounts
9determined under paragraph (2). The value of an individual aircraft
10assessed to the original owner of that aircraft shall not exceed its
11original cost from the manufacturer. The preallocated fair market
12value of an aircraft may be rebutted by evidence including, but
13not limited to, appraisals, invoices, and expert testimony.

14(1) (A) The original cost for the aircraft, which shall be
15determined as follows and adjusted, as applicable, under
16subparagraphs (B), (C), and (D):

P4    1(i) For owned and leased aircraft, the taxpayer’s or lessor’s
2acquisition cost for that individual aircraft reported in accordance
3with generally accepted accounting principles, and to the extent
4not included in the acquisition cost, transportation costs and
5capitalized interest and the cost of improvements made before a
6transaction described in clause (ii). If the original cost for leased
7aircraft cannot be determined from information reasonably
8available to the taxpayer, original cost may be determined by
9reference to the “average new prices” column of the Airliner Price
10Guide for that model, series, and year of manufacture of aircraft.
11If information is not available in the “average new prices” column
12for that model, series, and year, the original cost may be determined
13using the best indicator of original cost plus all conversion costs
14and improvement costs incurred for that aircraft.

15(ii) For sale/leaseback or assignment of purchase rights
16transaction aircraft, the average of the taxpayer’s cost established
17pursuant to clause (i) and the cost established in a sale/leaseback
18or assignment of purchase rights transaction for individual aircraft
19that transfers the benefits and burdens of ownership to the lessor
20for United States federal income tax purposes. In no event shall
21the original cost for sale/leaseback aircraft be less than the
22taxpayer’s acquisition cost.

23(iii) In the event of a merger, bankruptcy, or change in
24accounting methods by the reporting airline, there shall be a
25rebuttable presumption that the cost of the individual aircraft and
26the acquisition date reported by the acquired company, if available,
27or the cost reported prior to the change in accounting method, are
28the original cost and the applicable acquisition date.

29(B) (i) For mainline jets and production freighters, the original
30cost described in subparagraph (A), plus the cost of any
31improvements not otherwise included in the original cost, shall be
32adjusted from the date of the acquisition of the aircraft to the lien
33date using the monthly United States Department of Labor
34Producer Price Index for aircraft and a 20-year straight-line
35 percent-good table starting from the delivery date of the aircraft
36to the current owner or, in the case of a sale/leaseback or
37assignment of purchase rights transaction, as described in this
38section, the current operator with a minimum combined factor of
3925 percent.

P5    1(ii) For regional aircraft, the original cost described in
2subparagraph (A), plus the cost of any improvements not otherwise
3included in the original cost, shall be adjusted from the date of the
4acquisition of the aircraft to the lien date using the monthly United
5States Department of Labor Producer Price Index for aircraft and
6a 16-year straight-line percent-good table starting from the delivery
7date of the aircraft to the current owner or, in the case of a
8sale/leaseback or assignment of purchase rights transaction, as
9described in this section, the current operator with a minimum
10combined factor of 25 percent.

11(iii) If original cost is determined by reference to the Airliner
12Price Guide “average new prices” column, the adjustments required
13by this paragraph shall be made by setting the acquisition date of
14the aircraft to be the date of the aircraft’s manufacture.

15(C) (i) For mainline jets and regional aircraft, the assessor shall
16analyze the adjusted original cost derived pursuant to subparagraph
17(B), for application of an economic obsolescence allowance which
18shall be determined as follows:

19(I) For the applicable year, the assessor shall calculate the
20average annual net revenue per available seat mile, the net load
21factor, and the yield utilizing the Airline Quarterly Financial
22Review published by the United States Department of
23Transportation, and referring to the section descriptive of the
24passenger airline industry, entitled “System Operations, System
25Pax. Majors” for the calendar year ending December 31
26immediately preceding the applicable assessment date.

27(II) For a 10-year benchmark, the assessor shall calculate as of
28December 31 for each of the 10 calendar years preceding the
29applicable year, the average annual net revenue per available seat
30mile, the net load factor, and the yield utilizing the Airline
31Quarterly Financial Review published by the United States
32Department of Transportation, and referring to the section
33descriptive of the passenger airline industry, entitled “System
34Operations, System Pax. Majors” for the calendar year ending
35December 31 immediately preceding the applicable assessment
36date.

37(ii) (I) The assessor shall compare each factor calculated under
38subclause (I) of clause (i) with the corresponding factor calculated
39under subclause (II) of clause (i) to derive the percentage that each
40of the factors calculated under subclause (I) of clause (i) deviated
P6    1from the 10-year benchmark calculated under subclause (II) of
2clause (i). The assessor shall then calculate a weighted average of
3the indicated percentage adjustments, weighted as follows:

4(ia) Net revenue per available seat mile shall be weighted 35
5percent.

6(ib) Net load factor shall be weighted 35 percent.

7(ic) Yield shall be weighted 30 percent.

8(II) The assessor shall reduce the adjusted original costs derived
9under subparagraph (B) by the percentage adjustment calculated
10in subclause (I), but only if the final economic obsolescence
11determined under that subclause exceeds 10 percent, otherwise no
12economic obsolescence allowance shall be provided.

13(D) (i) For production freighters, the assessor shall analyze the
14adjusted original cost derived under subparagraph (B), for
15application of an economic obsolescence allowance, as follows:

16(I) For the applicable year, the assessor shall calculate the
17industry average of net revenue per available ton mile and the ton
18load factor based upon the Airline Quarterly Financial Review
19published by the United States Department of Transportation, and
20referring to the section descriptive of the cargo airline industry,
21entitled “System Operations, System Cargo Majors” for the
22calendar year ending December 31 preceding the relevant
23assessment date.

24(II) For a 10-year benchmark, the assessor shall calculate as of
25December 31 for each of the 10 calendar years preceding the
26applicable year, the net revenue per available ton mile and the ton
27load factor utilizing the Airline Quarterly Financial Review
28published by the United States Department of Transportation and
29referring to the section descriptive of the cargo airline industry,
30entitled “System Operations, System Cargo Majors” as of
31December 31 for each of the 10 calendar years preceding the
32calendar year utilized for the subject year, for the calendar year
33ending December 31 immediately preceding the applicable
34assessment date.

35(ii) (I) The assessor shall compare each factor calculated under
36subclause (I) of clause (i) with the corresponding factor calculated
37under subclause (II) of clause (i) to derive the percentage that each
38of the factors calculated under subclause (I) of clause (i) deviated
39from the 10-year benchmark calculated under subclause (II) of
40clause (i). The assessor shall then calculate a weighted average of
P7    1the indicated percentage adjustments so that the net revenue per
2available ton mile is weighted 50 percent and the ton load factor
3is weighted 50 percent.

4(II) The assessor shall reduce the adjusted original costs derived
5under subparagraph (B) by the percentage adjustment calculated
6in subclause (I), but only if the final economic obsolescence
7determined under that subclause exceeds 10 percent, otherwise no
8economic obsolescence allowance shall be provided.

9(2) (A) Except as otherwise provided in subparagraph (B), for
10each individual mainline jet, production freighter, or regional
11aircraft, the assessor shall identify the value referenced in the “Used
12Price of Avg. Acft. Wholesale” column of the Winter edition of
13the Airliner Price Guide by make, model, series, and year of
14manufacture, and deduct 10 percent from that value for a fleet
15discount.

16(B) For each individual mainline jet, production freighter, or
17regional aircraft that is less than two years old and for which the
18Airliner Price Guide does not list used wholesale values, the
19original cost determined under paragraph (1) of subparagraph (A)
20shall be decreased by the lesser of 5 percent or one-half of the
21percentage decrease between original cost and 90 percent of the
22value listed in the “Used Price of Avg. Acft. Wholesale” column
23of the Winter edition of the Airliner Price Guide for a two-year-old
24aircraft of that same make, model, and series.

25(b) For the 2005-06 fiscal year to the 2019-20 fiscal year,
26inclusive, it shall be rebuttably presumed that the preallocated fair
27market value for each make, model, and series of converted
28freighters that has attained situs within this state is the amount that
29is determined as follows:

30(1) (A) The assessor shall begin his or her appraisal of a
31converted freighter as of the relevant lien date by identifying the
32aircraft’s original cost as a passenger aircraft prior to conversion.
33The aircraft’s original cost as a converted freighter shall be the
34lesser of:

35(i) Its trended original cost as a passenger aircraft prior to
36conversion, less a downward adjustment of 10 percent to reflect
37tear-outs.

38(ii) Its value described in the Winter edition of the Airliner Price
39Guide in the “Used Price of Avg. Acft. Wholesale” column in
P8    1passenger configuration, less a downward adjustment of 10 percent
2to reflect tear-outs.

3(B) The amount determined under subparagraph (A) shall be
4adjusted according to the following:

5(i) If, on the relevant lien date, the frame of the aircraft is 15
6years old or more, 50 percent of the cost to convert the aircraft to
7a freighter shall be added to the value determined under
8subparagraph (A).

9(ii) If, on the relevant lien date, the frame of the aircraft is less
10than 15 years old, 75 percent of the cost to convert the aircraft to
11a freighter shall be added to the value determined under
12subparagraph (A).

13(iii) In addition, all other improvements, including capitalized
14interest, to the aircraft that are not otherwise included in the
15aircraft’s original and conversion costs shall be added at full value.

16(2) The amount determined under paragraph (1) shall be adjusted
17from the date of the conversion of the aircraft to the lien date using
18the monthly United States Department of Labor Producer Price
19Index for aircraft and a 16-year straight-line percent-good table,
20however, the percent-good applied to the aircraft shall in no event
21be less than 15 percent.

22(3) If the Airliner Price Guide “Used Price of Avg. Acft.
23Wholesale” is utilized under paragraph (1), only the improvements
24and adjusted conversion costs pertaining to the converted freighter
25shall be adjusted from the date of the conversion of the aircraft to
26the relevant lien date using the monthly United States Department
27of Labor Producer Price Index for aircraft and a 16-year
28straight-line percent-good table. In no event, however, shall the
29percent-good applied to the improvements and adjusted conversion
30costs be less than 15 percent.

31(4) (A) Except as otherwise provided in subparagraph (B), the
32assessor shall reduce the adjusted original cost, plus improvements,
33and adjusted conversion costs, derived under paragraphs (1) to (3),
34inclusive, by the obsolescence percentage adjustment calculated
35for production freighters under subparagraph (D) of paragraph (1)
36of subdivision (a).

37(B) If the Airliner Price Guide “Used Price of Avg. Acft.
38Wholesale” is utilized under paragraph (1), only the improvements
39and adjusted conversion costs pertaining to the converted freighter
P9    1shall be reduced by the obsolescence percentage adjustment
2 described in subparagraph (A).

3(c) For purposes of this section, if the Airliner Price Guide
4ceases to be published or the format significantly changes, a guide
5or adjustment agreed to by commercial air carriers and the counties
6in which certificated aircraft have situs shall be substituted. If these
7parties do not agree on a guide or adjustment, the State Board of
8Equalization shall determine the guide or adjustment.

9(d) The taxpayer shall, to the extent that information is
10reasonably available to the taxpayer, furnish the county assessor
11with an annual property statement that includes the aircraft original
12costs as defined in subparagraph (A) of paragraph (1) of
13subdivision (a). If an air carrier that has this information reasonably
14available to it fails to report original cost and improvements, as
15required by Sections 441 and 442, an assessor may in that case
16make an appropriate assessment pursuant to Section 501.

17(e) For purposes of this section, all of the following apply:

18(1) “Converted freighter” means a certificated aircraft, as defined
19in Section 1150, that, following its original manufacture, was used
20for passenger transportation, but was later converted to be used
21primarily for cargo transportation purposes.

22(2) “Mainline jet” means a certificated aircraft, as defined in
23Section 1150, that is either of the following:

24(A) Manufactured by Boeing, Airbus, or McDonnell Douglas.

25(B) Capable of being configured with approximately 100 seats
26or more.

27(3) “Production Freighter” means a certificated aircraft, as
28defined in Section 1150, that immediately following its
29manufacture is deployed primarily for cargo transportation
30purposes.

31(4) “Regional aircraft” means a certificated aircraft, as defined
32in Section 1150, that is either of the following:

33(A) Manufactured by ATR (Avions De Transport Regional),
34Beech, British Aerospace Jetstream, Canadair Regional Jet, Cessna,
35DeHaviland, Embraer, Fairchild, or Saab.

36(B) Generally configured with fewer than 100 seats.

37(5) “Improvements” means the cost of any modifications or
38capital additions that materially add to the value of or substantially
39prolong the useful life of the aircraft, or make it adaptable to a
40different use. “Improvements” include modification costs incurred
P10   1during a heavy maintenance visit to the extent that they materially
2add to the value of or substantially prolong the useful life of the
3aircraft. “Improvements” do not include repair and maintenance
4costs incurred for the purpose of keeping the aircraft in an
5ordinarily efficient operating condition.

6(6) “Net revenue per available seat mile” means operating
7revenue per available seat mile less cost per available seat mile as
8determined by the United States Department of Transportation.

9(7) “Net load factor” means actual passenger load factor less
10break-even passenger load factor, as determined by the United
11States Department of Transportation.

12(8) “Net revenue per available ton mile” means operating
13revenue per ton mile less cost per available ton mile as determined
14by the United States Department of Transportation.

15(9) “Yield” means average revenue per revenue passenger mile
16as determined by the United States Department of Transportation.

17(10) “Ton Load Factor” means that percentage of effective use
18of cargo capacity as determined by the United States Department
19of Transportation.

20(f) The amendments made by the act adding this subdivision
21shall apply with respect to lien dates occurring on and after January
221, 2011.

23

SEC. 2.  

Section 441 of the Revenue and Taxation Code is
24amended to read:

25

441.  

(a) Each person owning taxable personal property, other
26than a manufactured home subject to Part 13 (commencing with
27Section 5800), having an aggregate cost of one hundred thousand
28dollars ($100,000) or more for any assessment year shall file a
29signed property statement with the assessor. Every person owning
30personal property that does not require the filing of a property
31statement or real property shall, upon request of the assessor, file
32a signed property statement. Failure of the assessor to request or
33secure the property statement does not render any assessment
34invalid.

35(b) The property statement shall be declared to be true under
36the penalty of perjury and filed annually with the assessor between
37the lien date and 5 p.m. on April 1. The penalty provided by Section
38463 applies for property statements not filed by May 7. If May 7
39falls on a Saturday, Sunday, or legal holiday, a property statement
40that is mailed and postmarked on the next business day shall be
P11   1deemed to have been filed between the lien date and 5 p.m. on
2May 7. If, on the dates specified in this subdivision, the county’s
3offices are closed for the entire day, that day is considered a legal
4holiday for purposes of this section.

5(c) The property statement may be filed with the assessor
6through the United States mail, properly addressed with postage
7prepaid. For purposes of determining the date upon which the
8property statement is deemed filed with the assessor, the date of
9postmark as affixed by the United States Postal Service, or the
10date certified by a bona fide private courier service on the envelope
11containing the application, shall control. This subdivision shall be
12applicable to every taxing agency, including, but not limited to, a
13chartered city and county, or chartered city.

14(d) (1) At any time, as required by the assessor for assessment
15purposes, every person shall make available for examination
16information or records regarding his or her property or any other
17personal property located on premises he or she owns or controls.
18In this connection details of property acquisition transactions,
19construction and development costs, rental income, and other data
20relevant to the determination of an estimate of value are to be
21considered as information essential to the proper discharge of the
22assessor’s duties.

23(2) (A) This subdivision shall also apply to an owner-builder
24or an owner-developer of new construction that is sold to a third
25party, is constructed on behalf of a third party, or is constructed
26for the purpose of selling that property to a third party.

27(B) The owner-builder or owner-developer of new construction
28described in subparagraph (A), shall, within 45 days of receipt of
29a written request by the assessor for information or records, provide
30the assessor with all information and records regarding that
31property. The information and records provided to the assessor
32shall include the total consideration provided either by the
33purchaser or on behalf of the purchaser that was paid or provided
34either, as part of or outside of the purchase agreement, including,
35but not limited to, consideration paid or provided for the purchase
36or acquisition of upgrades, additions, or for any other additional
37or supplemental work performed or arranged for by the
38owner-builder or owner-developer on behalf of the purchaser.

39(e) In the case of a corporate owner of property, the property
40statement shall be signed either by an officer of the corporation or
P12   1an employee or agent who has been designated in writing by the
2board of directors to sign the statements on behalf of the
3corporation.

4(f) In the case of property owned by a bank or other financial
5institution and leased to an entity other than a bank or other
6financial institution, the property statement shall be submitted by
7the owner bank or other financial institution.

8(g)  The assessor may refuse to accept any property statement
9he or she determines to be in error.

10(h) If a taxpayer fails to provide information to the assessor
11pursuant to subdivision (d) and introduces any requested materials
12or information at any assessment appeals board hearing, the
13assessor may request and shall be granted a continuance for a
14reasonable period of time. The continuance shall extend the
15two-year period specified in subdivision (c) of Section 1604 for a
16period of time equal to the period of the continuance.

17(i) Notwithstanding any other provision of law, every person
18required to file a property statement pursuant to this section shall
19be permitted to amend that property statement until May 31 of the
20year in which the property statement is due, for errors and
21omissions not the result of willful intent to erroneously report. The
22penalty authorized by Section 463 does not apply to an amended
23statement received prior to May 31, provided the original statement
24is not subject to penalty pursuant to subdivision (b). The amended
25property statement shall otherwise conform to the requirements
26of a property statement as provided in this article.

27(j) This subdivision shall apply to the oil, gas, and mineral
28extraction industry only. Any information that is necessary to file
29a true, correct, and complete statement shall be made available by
30the assessor, upon request, to the taxpayer by mail or at the office
31of the assessor by February 28. For each business day beyond
32February 28 that the information is unavailable, the filing deadline
33in subdivision (b) shall be extended in that county by one business
34day, for those statements affected by the delay. In no case shall
35the filing deadline be extended beyond June 1 or the first business
36day thereafter.

37(k) The assessor may accept the filing of a property statement
38by the use of electronic media. In lieu of the signature required by
39subdivision (a) and the declaration under penalty of perjury
40required by subdivision (b), property statements filed using
P13   1electronic media shall be authenticated pursuant to methods
2specified by the assessor and approved by the board. Electronic
3media includes, but is not limited to, computer modem, magnetic
4media, optical disk, and facsimile machine.

5(l) (1) After receiving the notice required by Section 1162, the
6manager in control of a fleet of fractionally owned aircraft shall
7file with the lead county assessor’s office one signed property
8statement for all of its aircraft that have acquired situs in the state,
9as described in Section 1161.

10(2) Flight data required to compute fractionally owned aircraft
11allocation under Section 1161 shall be segregated by airport.

12(m) (1) After receiving the notice required by paragraph (5) of
13subdivision (b) of Section 1153.5, a commercial air carrier whose
14certificated aircraft is subject to Article 6 (commencing with
15Section 1150) of Chapter 5 shall file with the lead county assessor’s
16office designated under Section 1153.5 one signed property
17statement for its personal property at all airport locations and
18fixtures at all airport locations.

19(2) Each commercial air carrier may file one schedule for all of
20its certificated aircraft that have acquired situs in this state under
21Section 1151.

22(3) Flight data required to compute certificated aircraft allocation
23under Section 1152 and subdivision (g) of Section 202 of Title 18
24of the California Code of Regulations shall be segregated by airport
25location.

26(4) Beginning with the 2006 assessment year, a commercial air
27carrier may file a statement described in this subdivision
28electronically by means of the California Assessor’s Standard Data
29Record (SDR) network. If the SDR is not equipped to accept
30electronic filings for the 2006 assessment year, an air carrier may
31file a printed version of its property statement for that year with
32its lead county assessor’s office.

33(5) This subdivision shall remain operative only until December
3431, 2019.

35

SEC. 3.  

Section 1153 of the Revenue and Taxation Code is
36amended to read:

37

1153.  

(a) After consulting with the assessors of the counties
38in which aircraft of an air carrier normally make physical contact,
39the board shall designate for each assessment year the
P14   1representative period to be used by the assessors in assessing the
2aircraft of the carrier.

begin delete

3(b) It is the intent of the Legislature to determine the most
4appropriate method of calculating the assessed value of certificated
5aircraft over a 365-day period.

end delete
begin insert

6
(b) The representative period shall consist equally of both of
7the following:

end insert
begin insert

8
(1) A week or group of weeks in January.

end insert
begin insert

9
(2) A week or group of weeks in July.

end insert
10

SEC. 4.  

Section 1153.5 of the Revenue and Taxation Code is
11amended to read:

12

1153.5.  

(a) The Aircraft Advisory Subcommittee of the
13California Assessors’ Association shall, after soliciting input from
14commercial air carriers operating in the state, do all of the
15following:

16(1) On or before March 1, 2006, and on or before each March
171 thereafter, designate a lead county assessor’s office for each
18commercial air carrier operating certificated aircraft in this state
19in that assessment year.

20(2) Every third year thereafter, redesignate a lead county
21assessor’s office for each of these air carriers, unless an air carrier
22and its existing lead county assessor’s office concur to waive this
23redesignation.

24(3) On or before March 1, 2017, do both of the following:

25(A) Designate two contacts in each lead county assessor’s office
26for each of these carriers that will be available to address reporting
27issues and issues with the California Assessor’s Standard Data
28Record network.

29(B) Establish best practices for the effective administration of
30the lead county system, audit process, and methods to evaluate
31converted freighters.

32(b) The lead county assessor’s office described in subdivision
33(a) shall do all of the following:

34(1) Calculate, pursuant to Section 401.17, an unallocated value
35of the certificated aircraft of each commercial air carrier to which
36he or she is designated.

37(2) Electronically transmit to the assessor of each county in
38which the property described in paragraph (1) has situs for the
39assessment year the values determined by the lead county
40assessor’s office under paragraph (1).

P15   1(3) (A) Receive the property statement, as described in
2subdivision (m) of Section 441, of each commercial air carrier to
3which he or she is designated. The lead county assessor’s office
4shall transmit the property statement to the assessor of each county
5in which the personal property of the commercial air carrier is
6located or has acquired situs, including the property described in
7paragraph (1).

8(B) A county assessor that receives a property statement
9pursuant to this section shall direct questions about the contents
10of the property statement first to the lead county assessor’s office
11and then, if the lead county assessor’s office is unable to provide
12an answer, to the commercial air carrier that filed the property
13statement.

14(4) Lead the audit team described in subdivision (d) when that
15team is conducting an audit of a commercial air carrier to which
16he or she is designated.

17(5) Notify, in writing, each commercial air carrier for which he
18or she has been designated of this designation on or before the first
19March 15 that follows that designation.

20(c) (1) Notwithstanding subdivision (b), the county assessor of
21each county in which the personal property of a commercial air
22carrier has situs for an assessment year is solely responsible for
23assessing that property, applying the allocation formula set forth
24in Section 1152, and enrolling the value of the property in that
25county, but, in determining the unallocated fleet value for each
26make, model, and series of certificated aircraft of a commercial
27air carrier, the assessor may consult with the lead county assessor’s
28office designated for that commercial air carrier.

29(2) The lead county assessor’s office is subject to Section 322
30of Title 18 of the California Code of Regulations and Sections
31408, 451, and 1606 to the same extent as the assessor described in
32paragraph (1).

33(d) Notwithstanding Section 469, an audit of a commercial air
34carrier shall be conducted once every four years on a centralized
35basis by an audit team of auditor-appraisers from at least one, but
36not more than three, counties, as determined by the Aircraft
37Advisory Subcommittee of the California Assessors’ Association.
38An audit, so conducted, shall encompass all of the California
39Personal Property and fixtures of the air carrier and is deemed to
P16   1be made on behalf of each county for which an audit would
2otherwise be required under Section 469.

3(e) This section shall remain in effect only until December 31,
42019, and as of that date is repealed.

5

SEC. 5.  

If the Commission on State Mandates determines that
6this act contains costs mandated by the state, reimbursement to
7local agencies and school districts for those costs shall be made
8pursuant to Part 7 (commencing with Section 17500) of Division
94 of Title 2 of the Government Code.



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