SB 803: Property taxation.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-10-02
(1)Existing law requires the state or any local government entity, when entering into a written contract with a private party whereby a possessory interest subject to property taxation may be created, to include, or cause to be included, in that contract a statement that the property interest may be subject to property taxation if created, and that the party in whom the possessory interest is vested may be subject to the payment of property taxes levied on the interest.
Existing law requires a lease of real property that is owned by a state retirement system to provide, for purposes of property taxation, that the full cash value of the possessory interest created by the lease shall be the greater of either the full cash value of the possessory interest or, if the lease covers less than the entire real property, the lessees allocable share of the full cash value that would be determined for that real property if it were subject to tax.
This bill would delete those provisions relating to the full cash value of the possessory interest created by the aforementioned lease and would instead specify that the lease be valued in accordance with a specific regulation in effect on January 1, 2015, for the valuation of taxable possessory interests.
(2)The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, full cash value is defined as, among other things, the appraised value of that real property when a change in ownership has occurred. Existing property tax law provides that specified transfers are not deemed a change in ownership for which a claim is filed, as provided.
The California Constitution and existing property tax law exclude from a change in ownership real property transfers of a principal residence and the first $1,000,000 of the value of other real property between parents and their children, as defined by the Legislature. For the purposes of these provisions, existing property tax law defines real property to include, among other things, an interest in a unit or lot within a cooperative housing corporation, as defined. Existing property tax law requires the parties to a parent-child transfer of real property under these provisions to make specified written certifications under penalty of perjury.
This bill would specify that, for the purposes of the parent-child principal residence exclusion, real property also includes a pro rata ownership interest in a mobilehome park and a pro rata interest in a floating home marina, as those terms are defined.
By changing the manner in which local assessors assess property for purposes of the parent-child principal residence exclusion, and by expanding the crime of perjury by requiring that certain information required be verified under oath, this bill would impose a state-mandated local program.
(3)The California Constitution and existing property tax law exclude from a change in ownership the acquisition of real property as a replacement for property from which the person has been displaced by eminent domain proceedings, acquisition by a public entity, or judgment of inverse condemnation. Existing property tax law requires the person acquiring replacement property on and after January 1, 1983, to request assessment within 4 years of the date that the property was acquired by these means.
This bill would specify that an above-described request for assessment made following this 4-year period applies commencing with the lien date of an assessment year in which the request is made. The bill would limit the refund or cancellation of taxes prior to the date the request is made to the lien dates for the last 4 fiscal years with appropriate roll corrections, refunds, or cancellations. The bill would also require the assessor, in granting an assessment under these provisions, to adjust the base year value of the replacement property and make adjustments, as specified.
By adding to the duties of county assessors with respect to assessing these replacement properties, this bill would impose a state-mandated local program.
(4)Existing law requires the county assessor to assess all property that is subject to taxation at its full value. Existing law establishes, for any of the 198485 to 201516 tax years, inclusive, a rebuttable presumption in favor of a full cash value assessment for an intercounty pipeline right-of-way, provided that certain specified valuation standards are met in determining that assessed value. Existing law prohibits the county from imposing any late payment penalty or interest if payment of any taxes due upon the valuation of intercounty pipeline rights-of-way is made within 45 days of demand by the tax collector for payment. Existing law requires taxes not paid within 45 days of demand by the tax collector to become delinquent at that time, and requires delinquent penalty, redemption penalty, or other collection procedures to apply.
This bill would instead require, if the tax remains unpaid at the time set for the declaration of default for delinquent taxes, the tax together with any penalty and costs as may have accrued on the secured roll to be transferred to the unsecured roll. This bill would also extend the application of this rebuttable presumption through the 202021 fiscal year.
By imposing new duties upon local tax officials with respect to the collection of unpaid taxes for intercounty pipeline rights-of-way, this bill would impose a state-mandated local program.
(5)Existing law establishes the California Land Conservation Act of 1965, otherwise known as the Williamson Act, and authorizes a city or county to enter into a contract with an owner of land devoted to agricultural use, whereby the owner agrees to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation, as specified. Existing law authorizes a city or county to allow land subject to a Williamson Act contract to be assessed pursuant to specified formulas consistent with the restrictions on the land.
This bill would modify these provisions to clarify or correct cross-references relating to the valuation of prime agricultural land and land that is devoted to open-space uses of statewide significance.
(6)Existing property tax law requires a transferee of real property or a manufactured home that is locally assessed to file a change in ownership statement, as specified, with the county in which the property or manufactured home is located and declare the information true under penalty of perjury. If a county assessor makes a written request to a transferee to file a change in ownership statement and the transferee fails to do so within specified time periods, existing law imposes a penalty on the transferee equal to the greater of either $100 or 10% of the property taxes due on the property, but not to exceed $5,000, if the property is eligible for the homeowners exemption, or $20,000, if the property is not eligible for the homeowners exemption, and the failure was not willful.
This bill would extend these provisions to apply to a change of ownership of a floating home, as specified.
By expanding the crime of perjury with respect to the change in ownership statement, this bill would impose a state-mandated local program.
(7)Existing property tax law requires the tax collector to publish a notice on or before the day when taxes are payable including specified information related to the payment of the property tax on the secured roll.
This bill would clarify that the notice should be published on or before November 1 of each year, the day upon which 1/2 the taxes on real property, and all taxes on personal property, on the secured roll, are due and payable.
(8)Existing property tax law generally authorizes a county tax collector to sell tax-defaulted property 5 years or more, or 3 years or more, as applicable, after that property has become tax defaulted. Existing property tax law provides that a defense based on the alleged invalidity or irregularity of any sale of tax-defaulted property can be maintained only in a proceeding commenced within one year after the date of execution of the tax collectors deed.
This bill would instead provide that a defense, as described above, can be maintained only in a proceeding commenced within one year after the date of execution of the tax collectors deed or within one year of the date the board of supervisors determines that a tax deed that was sold should not be rescinded, whichever is later.
(9)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(10)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.
(1)Existing law requires the state or any local government entity, when entering into a written contract with a private party whereby a possessory interest subject to property taxation may be created, to include, or cause to be included, in that contract a statement that the property interest may be subject to property taxation if created, and that the party in whom the possessory interest is vested may be subject to the payment of property taxes levied on the interest.
Existing law requires a lease of real property that is owned by a state retirement system to provide, for purposes of property taxation, that the full cash value of the possessory interest created by the lease shall be the greater of either the full cash value of the possessory interest or, if the lease covers less than the entire real property, the lessees allocable share of the full cash value that would be determined for that real property if it were subject to tax.
This bill would delete those provisions relating to the full cash value of the possessory interest created by the aforementioned lease and would instead specify that the lease be valued in accordance with a specific regulation in effect on January 1, 2015, for the valuation of taxable possessory interests.
(2)The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, full cash value is defined as, among other things, the appraised value of that real property when a change in ownership has occurred. Existing property tax law provides that specified transfers are not deemed a change in ownership for which a claim is filed, as provided.
The California Constitution and existing property tax law exclude from a change in ownership real property transfers of a principal residence and the first $1,000,000 of the value of other real property between parents and their children, as defined by the Legislature. For the purposes of these provisions, existing property tax law defines real property to include, among other things, an interest in a unit or lot within a cooperative housing corporation, as defined. Existing property tax law requires the parties to a parent-child transfer of real property under these provisions to make specified written certifications under penalty of perjury.
This bill would specify that, for the purposes of the parent-child principal residence exclusion, real property also includes a pro rata ownership interest in a mobilehome park and a pro rata interest in a floating home marina, as those terms are defined.
By changing the manner in which local assessors assess property for purposes of the parent-child principal residence exclusion, and by expanding the crime of perjury by requiring that certain information required be verified under oath, this bill would impose a state-mandated local program.
(3)The California Constitution and existing property tax law exclude from a change in ownership the acquisition of real property as a replacement for property from which the person has been displaced by eminent domain proceedings, acquisition by a public entity, or judgment of inverse condemnation. Existing property tax law requires the person acquiring replacement property on and after January 1, 1983, to request assessment within 4 years of the date that the property was acquired by these means.
This bill would specify that an above-described request for assessment made following this 4-year period applies commencing with the lien date of an assessment year in which the request is made. The bill would limit the refund or cancellation of taxes prior to the date the request is made to the lien dates for the last 4 fiscal years with appropriate roll corrections, refunds, or cancellations. The bill would also require the assessor, in granting an assessment under these provisions, to adjust the base year value of the replacement property and make adjustments, as specified.
By adding to the duties of county assessors with respect to assessing these replacement properties, this bill would impose a state-mandated local program.
(4)Existing law requires the county assessor to assess all property that is subject to taxation at its full value. Existing law establishes, for any of the 198485 to 201516 tax years, inclusive, a rebuttable presumption in favor of a full cash value assessment for an intercounty pipeline right-of-way, provided that certain specified valuation standards are met in determining that assessed value. Existing law prohibits the county from imposing any late payment penalty or interest if payment of any taxes due upon the valuation of intercounty pipeline rights-of-way is made within 45 days of demand by the tax collector for payment. Existing law requires taxes not paid within 45 days of demand by the tax collector to become delinquent at that time, and requires delinquent penalty, redemption penalty, or other collection procedures to apply.
This bill would instead require, if the tax remains unpaid at the time set for the declaration of default for delinquent taxes, the tax together with any penalty and costs as may have accrued on the secured roll to be transferred to the unsecured roll. This bill would also extend the application of this rebuttable presumption through the 202021 fiscal year.
By imposing new duties upon local tax officials with respect to the collection of unpaid taxes for intercounty pipeline rights-of-way, this bill would impose a state-mandated local program.
(5)Existing law establishes the California Land Conservation Act of 1965, otherwise known as the Williamson Act, and authorizes a city or county to enter into a contract with an owner of land devoted to agricultural use, whereby the owner agrees to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation, as specified. Existing law authorizes a city or county to allow land subject to a Williamson Act contract to be assessed pursuant to specified formulas consistent with the restrictions on the land.
This bill would modify these provisions to clarify or correct cross-references relating to the valuation of prime agricultural land and land that is devoted to open-space uses of statewide significance.
(6)Existing property tax law requires a transferee of real property or a manufactured home that is locally assessed to file a change in ownership statement, as specified, with the county in which the property or manufactured home is located and declare the information true under penalty of perjury. If a county assessor makes a written request to a transferee to file a change in ownership statement and the transferee fails to do so within specified time periods, existing law imposes a penalty on the transferee equal to the greater of either $100 or 10% of the property taxes due on the property, but not to exceed $5,000, if the property is eligible for the homeowners exemption, or $20,000, if the property is not eligible for the homeowners exemption, and the failure was not willful.
This bill would extend these provisions to apply to a change of ownership of a floating home, as specified.
By expanding the crime of perjury with respect to the change in ownership statement, this bill would impose a state-mandated local program.
(7)Existing property tax law requires the tax collector to publish a notice on or before the day when taxes are payable including specified information related to the payment of the property tax on the secured roll.
This bill would clarify that the notice should be published on or before November 1 of each year, the day upon which 1/2 the taxes on real property, and all taxes on personal property, on the secured roll, are due and payable.
(8)Existing property tax law generally authorizes a county tax collector to sell tax-defaulted property 5 years or more, or 3 years or more, as applicable, after that property has become tax defaulted. Existing property tax law provides that a defense based on the alleged invalidity or irregularity of any sale of tax-defaulted property can be maintained only in a proceeding commenced within one year after the date of execution of the tax collectors deed.
This bill would instead provide that a defense, as described above, can be maintained only in a proceeding commenced within one year after the date of execution of the tax collectors deed or within one year of the date the board of supervisors determines that a tax deed that was sold should not be rescinded, whichever is later.
(9)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(10)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.
(1)Existing law requires the state or any local government entity, when entering into a written contract with a private party whereby a possessory interest subject to property taxation may be created, to include, or cause to be included, in that contract a statement that the property interest may be subject to property taxation if created, and that the party in whom the possessory interest is vested may be subject to the payment of property taxes levied on the interest.
Existing law requires a lease of real property that is owned by a state retirement system to provide, for purposes of property taxation, that the full cash value of the possessory interest created by the lease shall be the greater of either the full cash value of the possessory interest or, if the lease covers less than the entire real property, the lessees allocable share of the full cash value that would be determined for that real property if it were subject to tax.
This bill would delete those provisions relating to the full cash value of the possessory interest created by the aforementioned lease and would instead specify that the lease be valued in accordance with regulations adopted by the State Board of Equalization a specific regulation in effect on January 1, 2015, for the valuation of taxable possessory interests.
(2)The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, full cash value is defined as, among other things, the appraised value of that real property when a change in ownership has occurred. Existing property tax law provides that specified transfers are not deemed a change in ownership for which a claim is filed, as provided.
The California Constitution and existing property tax law exclude from a change in ownership real property transfers of a principal residence and the first $1,000,000 of the value of other real property between parents and their children, as defined by the Legislature. For the purposes of these provisions, existing property tax law defines real property to include, among other things, an interest in a unit or lot within a cooperative housing corporation, as defined. Existing property tax law requires the parties to a parent-child transfer of real property under these provisions to make specified written certifications under penalty of perjury.
This bill would specify that, for the purposes of the parent-child principal residence exclusion, real property also includes a pro rata ownership interest in a mobilehome park and a pro rata interest in a floating home marina, as those terms are defined.
By changing the manner in which local assessors assess property for purposes of the parent-child principal residence exclusion, and by expanding the crime of perjury by requiring that certain information required be verified under oath, this bill would impose a state-mandated local program.
(3)The California Constitution and existing property tax law exclude from a change in ownership the acquisition of real property as a replacement for property from which the person has been displaced by eminent domain proceedings, acquisition by a public entity, or judgment of inverse condemnation. Existing property tax law requires the person acquiring replacement property on and after January 1, 1983, to request assessment within 4 years of the date that the property was acquired by these means.
This bill would specify that an above-described request for assessment made following this 4 year 4-year period applies commencing with the lien date of an assessment year in which the request is made. The bill would prohibit limit the refund or cancellation of taxes prior to the date the request is made. made to the lien dates for the last 4 fiscal years with appropriate roll corrections, refunds, or cancellations. The bill would also require the assessor, in granting an assessment under these provisions, to adjust the base year value of the replacement property and make adjustments, as specified.
By adding to the duties of county assessors with respect to assessing these replacement properties, this bill would impose a state-mandated local program.
(4)Existing law requires the county assessor to assess all property that is subject to taxation at its full value. Existing law establishes, for any of the 198485 to 201516 tax years, inclusive, a rebuttable presumption in favor of a full cash value assessment for an intercounty pipeline right-of-way, provided that certain specified valuation standards are met in determining that assessed value. Existing law prohibits the county from imposing any late payment penalty or interest if payment of any taxes due upon the valuation of intercounty pipeline rights-of-way is made within 45 days of demand by the tax collector for payment. Existing law requires taxes not paid within 45 days of demand by the tax collector to become delinquent at that time, and requires delinquent penalty, redemption penalty, or other collection procedures to apply.
This bill would instead require, if the tax remains unpaid at the time set for the declaration of default for delinquent taxes, the tax together with any penalty and costs as may have accrued on the secured roll to be transferred to the unsecured roll. This bill would also extend the application of this rebuttable presumption through the 202021 fiscal year.
By imposing new duties upon local tax officials with respect to the collection of unpaid taxes for intercounty pipeline rights-of-way, this bill would impose a state-mandated local program.
(5)Existing law establishes the California Land Conservation Act of 1965, otherwise known as the Williamson Act, and authorizes a city or county to enter into a contract with an owner of land devoted to agricultural use, whereby the owner agrees to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation, as specified. Existing law authorizes a city or county to allow land subject to a Williamson Act contract to be assessed pursuant to specified formulas consistent with the restrictions on the land.
This bill would modify these provisions to clarify or correct cross-references relating to the valuation of prime agricultural land and land that is devoted to open-space uses of statewide significance.
(6)Existing property tax law requires a transferee of real property or a manufactured home that is locally assessed to file a change in ownership statement, as specified, with the county in which the property or manufactured home is located and declare the information true under penalty of perjury. If a county assessor makes a written request to a transferee to file a change in ownership statement and the transferee fails to do so within specified time periods, existing law imposes a penalty on the transferee equal to the greater of either $100 or 10% of the property taxes due on the property, but not to exceed $5,000, if the property is eligible for the homeowners exemption, or $20,000 if the property is not eligible for the homeowners exemption, and the failure was not willful.
This bill would extend these provisions to apply to a change of ownership of a floating home, as specified.
By expanding the crime of perjury with respect to the change in ownership statement, this bill would impose a state-mandated local program.
(7)Existing property tax law requires the tax collector to publish a notice on or before the day when taxes are payable including specified information related to the payment of the property tax on the secured roll.
This bill would clarify that the notice should be published on or before November 1 of each year, the day upon which one-half the taxes on real property, and all taxes on personal property, on the secured roll, are due and payable.
(8)Existing property tax law generally authorizes a county tax collector to sell tax-defaulted property 5 years or more, or 3 years or more, as applicable, after that property has become tax defaulted. Existing property tax law provides that a defense based on the alleged invalidity or irregularity of any sale of tax-defaulted property can be maintained only in a proceeding commenced within one year after the date of execution of the tax collectors deed.
This bill would instead provide that a defense, as described above, can be maintained only in a proceeding commenced within one year after the date of execution of the tax collectors deed or within one year of the date the board of supervisors determines that a tax deed that was sold should not be rescinded, whichever is later.
(9)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(10)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.
(1)Existing law requires the state or any local government entity, when entering into a written contract with a private party whereby a possessory interest subject to property taxation may be created, to include, or cause to be included, in that contract a statement that the property interest may be subject to property taxation if created, and that the party in whom the possessory interest is vested may be subject to the payment of property taxes levied on the interest.
Existing law requires a lease of real property that is owned by a state retirement system to provide, for purposes of property taxation, that the full cash value of the possessory interest created by the lease shall be the greater of either the full cash value of the possessory interest or, if the lease covers less than the entire real property, the lessees allocable share of the full cash value that would be determined for that real property if it were subject to tax.
This bill would delete those provisions relating to the full cash value of the possessory interest created by the aforementioned lease and would instead specify that the lease be valued in accordance with regulations adopted by the State Board of Equalization for the valuation of taxable possessory interests.
(2)The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, full cash value is defined as, among other things, the appraised value of that real property when a change in ownership has occurred. Existing property tax law provides that specified transfers are not deemed a change in ownership for which a claim is filed, as provided.
The California Constitution and existing property tax law exclude from a change in ownership real property transfers of a principal residence and the first $1,000,000 of the value of other real property between parents and their children, as defined by the Legislature. For the purposes of these provisions, existing property tax law defines real property to include, among other things, an interest in a unit or lot within a cooperative housing cooperation, corporation, as defined. Existing property tax law requires the parties to a parent-child transfer of real property under these provisions to make specified written certifications under penalty of perjury.
This bill would specify that, for the purposes of the parent-child principal residence exclusion, real property also includes a pro rata ownership interest in a mobilehome park and a pro rata interest in a floating home marina, as those terms are defined.
By changing the manner in which local assessors assess property for purposes of the parent-child principal residence exclusion, and by expanding the crime of perjury by requiring that certain information required be verified under oath, this bill would impose a state-mandated local program.
(3)The California Constitution and existing property tax law exclude from a change in ownership the acquisition of real property as a replacement for property from which the person has been displaced by eminent domain proceedings, acquisition by a public entity, or judgment of inverse condemnation. Existing property tax law requires the person acquiring replacement property on and after January 1, 1983, to request assessment within 4 years of the date that the property was acquired by these means.
This bill would specify that an above-described request for assessment made following this 4 year period applies commencing with the lien date of an assessment year in which the request is made. The bill would prohibit the refund or cancellation of taxes prior to the date the request is made. The bill would also require the assessor, in granting an assessment under these provisions, to adjust the base year value of the replacement property and make adjustments, as specified.
By adding to the duties of county assessors with respect to assessing these replacement properties, this bill would impose a state-mandated local program.
(4)Existing law requires the county assessor to assess all property that is subject to taxation at its full value. Existing law establishes, for any of the 198485 to 201516 tax years, inclusive, a rebuttable presumption in favor of a full cash value assessment for an intercounty pipeline right-of-way, inclusive, provided that certain specified valuation standards are met in determining that assessed value. Existing law prohibits the county from imposing any late payment penalty or interest if payment of any taxes due upon the valuation of intercounty pipeline rights-of-way is made within 45 days of demand by the tax collector for payment. Existing law requires taxes not paid within 45 days of demand by the tax collector to become delinquent at that time, and requires delinquent penalty, redemption penalty, or other collection procedures to apply.
This bill would instead require, if the tax remains unpaid at the time set for the declaration of default for delinquent taxes, the tax together with any penalty and costs as may have accrued on the secured roll to be transferred to the unsecured roll. This bill would also extend the application of this rebuttable presumption through the 202021 fiscal year.
By imposing new duties upon local tax officials with respect to the collection of unpaid taxes for intercounty pipeline rights-of-way, this bill would impose a state-mandated local program.
(5)Existing law establishes the California Land Conservation Act of 1965, otherwise known as the Williamson Act, and authorizes a city or county to enter into a contract with an owner of land devoted to agricultural use, whereby the owner agrees to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation, as specified. Existing law authorizes a city or county to allow land subject to a Williamson Act contract to be assessed pursuant to specified formulas consistent with the restrictions on the land.
This bill would modify these provisions to clarify or correct cross-references relating to the valuation of prime agricultural land and land that is devoted to open-space uses of statewide significance.
(6)Existing property tax law requires a transferee of real property or a manufactured home that is locally assessed to file a change in ownership statement, as specified, with the county in which the property or manufactured home is located and declare the information true under penalty of perjury. If a county assessor makes a written request to a transferee to file a change in ownership statement and the transferee fails to do so within specified time periods, existing law imposes a penalty on the transferee equal to the greater of either $100 or 10% of the property taxes due on the property, but not to exceed $5,000, if the property is eligible for the homeowners exemption, or $20,000 if the property is not eligible for the homeowners exemption, and the failure was not willful.
This bill would extend these provisions to apply to a change of ownership of a floating home, as specified.
By expanding the crime of perjury with respect to the change in ownership statement, this bill would impose a state-mandated local program.
(6)
(7)Existing property tax law requires the tax collector to publish a notice on or before the day when taxes are payable including specified information related to the payment of the property tax on the secured roll.
This bill would clarify that the notice should be published on or before November 1 of each year, the day upon which half one-half the taxes on real property, and all taxes on personal property, on the secured roll, are due and payable.
(7)
(8)Existing property tax law generally authorizes a county tax collector to sell tax-defaulted property 5 years or more, or 3 years or more, as applicable, after that property has become tax defaulted. Existing property tax law provides that a defense based on the alleged invalidity or irregularity of any sale of tax-defaulted property can be maintained only in a proceeding commenced within one year after the date of execution of the tax collectors deed.
This bill would instead provide that a defense, as described above, can be maintained only in a proceeding commenced within one year after the date of execution of the tax collectors deed or within one year of the date the board of supervisors determines that a tax deed that was sold should not be rescinded, whichever is later.
(8)
(9)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(9)
(10)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.
(1)Existing law requires the state or any local government entity, when entering into a written contract with a private party whereby a possessory interest subject to property taxation may be created, to include, or cause to be included, in that contract a statement that the property interest may be subject to property taxation if created, and that the party in whom the possessory interest is vested may be subject to the payment of property taxes levied on the interest.
Existing law requires a lease of real property that is owned by a state retirement system to provide, for purposes of property taxation, that the full cash value of the possessory interest created by the lease shall be the greater of either the full cash value of the possessory interest or, if the lease covers less than the entire real property, the lessees allocable share of the full cash value that would be determined for that real property if it were subject to tax.
This bill would delete those provisions relating to the full cash value of the possessory interest created by the aforementioned lease and would instead specify that the lease be valued in accordance with regulations adopted by the State Board of Equalization for the valuation of taxable possessory interests.
(2)The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, full cash value is defined as, among other things, the appraised value of that real property when a change in ownership has occurred. Existing property tax law provides that specified transfers are not deemed a change in ownership for which a claim is filed, as provided.
The California Constitution and existing property tax law exclude from a change in ownership real property transfers of a principal residence and the first $1,000,000 of the value of other real property between parents and their children, as defined by the Legislature. For the purposes of these provisions, existing property tax law defines real property to include, among other things, an interest in a unit or lot within a cooperative housing cooperation, as defined. Existing property tax law requires the parties to a parent-child transfer of real property under these provisions to make specified written certifications under penalty of perjury.
This bill would specify that, for the purposes of the parent-child principal residence exclusion, real property also includes a pro rata ownership interest in a mobilehome park and a pro rata interest in a floating home marina, as those terms are defined.
By changing the manner in which local assessors assess property for purposes of the parent-child principal residence exclusion, and by expanding the crime of perjury by requiring that certain information required be verified under oath, this bill would impose a state-mandated local program.
(3)The California Constitution and existing property tax law exclude from a change in ownership the acquisition of real property as a replacement for property from which the person has been displaced by eminent domain proceedings, acquisition by a public entity, or judgment of inverse condemnation. Existing property tax law requires the person acquiring replacement property on and after January 1, 1983, to request assessment within 4 years of the date that the property was acquired by these means.
This bill would specify that an above-described request for assessment made following this 4 year period applies commencing with the lien date of an assessment year in which the request is made. The bill would prohibit the refund or cancellation of taxes prior to the date the request is made. The bill would also require the assessor, in granting an assessment under these provisions, to adjust the base year value of the replacement property and make adjustments, as specified.
By adding to the duties of county assessors with respect to assessing these replacement properties, this bill would impose a state-mandated local program.
(4)Existing law requires the county assessor to assess all property that is subject to taxation at its full value. Existing law establishes, for any of the 198485 to 201516 tax years, a rebuttable presumption in favor of a full cash value assessment for an intercounty pipeline right-of-way, inclusive, provided that certain specified valuation standards are met in determining that assessed value. Existing law prohibits the county from imposing any late payment penalty or interest if payment of any taxes due upon the valuation of intercounty pipeline rights-of-way is made within 45 days of demand by the tax collector for payment. Existing law requires taxes not paid within 45 days of demand by the tax collector to become delinquent at that time, and requires delinquent penalty, redemption penalty, or other collection procedures to apply.
This bill would instead require, if the tax remains unpaid at the time set for the declaration of default for delinquent taxes, the tax together with any penalty and costs as may have accrued on the secured roll to be transferred to the unsecured roll. This bill would also extend the application of this rebuttable presumption through the 202021 fiscal year.
By imposing new duties upon local tax officials with respect to the collection of unpaid taxes for intercounty pipeline rights-of-way, this bill would impose a state-mandated local program.
(5)Existing law establishes the California Land Conservation Act of 1965, otherwise known as the Williamson Act, and authorizes a city or county to enter into a contract with an owner of land devoted to agricultural use, whereby the owner agrees to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation, as specified. Existing law authorizes a city or county to allow land subject to a Williamson Act contract to be assessed pursuant to specified formulas consistent with the restrictions on the land.
This bill would modify these provisions to clarify or correct cross-references relating to the valuation of prime agricultural land and land that is devoted to open-space uses of statewide significance.
(6)Existing property tax law requires the tax collector to publish a notice on or before the day when taxes are payable including specified information related to the payment of the property tax on the secured roll.
This bill would clarify that the notice should be published on or before November 1 of each year, the day upon which half the taxes on real property, and all taxes on personal property, on the secured roll, are due and payable.
(7)Existing property tax law generally authorizes a county tax collector to sell tax-defaulted property 5 years or more, or 3 years or more, as applicable, after that property has become tax defaulted. Existing property tax law provides that a defense based on the alleged invalidity or irregularity of any sale of tax-defaulted property can be maintained only in a proceeding commenced within one year after the date of execution of the tax collectors deed.
This bill would instead provide that a defense, as described above, can be maintained only in a proceeding commenced within one year after the date of execution of the tax collectors deed or within one year of the date the board of supervisors determines that a tax deed that was sold should not be rescinded, whichever is later.
(8)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(9)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.
(a)(1)Except as provided in subdivision (b), a public retirement system, which has invested assets in real property and improvements thereon for business or residential purposes for the production of income, shall pay annually to the city or county, in whose jurisdiction the real property is located and has been removed from the secured roll, a fee for general governmental services equal to the difference between the amount that would have accrued as real property secured taxes and the amount of possessory interest unsecured taxes paid for that property. The governing bodies of local entities may adopt ordinances and regulations authorizing retirement systems to invest assets in real property subject to the foregoing requirements.
(2)This subdivision shall not apply to any retirement system which is established by a local governmental entity if that entity is presently authorized by statute or ordinance to invest retirement assets in real property.
(3)This subdivision shall not apply to property owned by any state public retirement system.
(b)(1)Whenever a state public retirement system, which has invested assets in real property and improvements thereon for business or residential purposes for the production of income, leases the property, the lease shall provide, pursuant to Section 107.6 of the Revenue and Taxation Code, that the lessees possessory interest may be subject to property taxation and that the party in whom the possessory interest is vested may be subject to the payment of property taxes levied on that interest. The lease shall be valued in accordance with Section 21 of Title 18 of the California Code of Regulations, as that section was in effect on January 1, 2015, for the valuation of taxable possessory interests.
(2)Except as provided in this subdivision, the property shall be assessed and its taxes computed and collected in the same manner as privately owned property. The lessees possessory interest shall be placed on the unsecured roll and the tax on the possessory interest shall be subject to the collection procedures for unsecured property taxes.
(3)An investment by a state public retirement system in a legal entity that invests assets in real property and improvements thereon shall not constitute an investment by the state public retirement system of assets in real property and improvements thereon. For purposes of this paragraph, legal entity includes, but is not limited to, partnership, joint venture, corporation, trust, or association. When a state public retirement system invests in a legal entity, the state public retirement system shall be deemed to be a person for the purpose of determining a change in ownership under Section 64 of the Revenue and Taxation Code.
(4)Notwithstanding any other provision of law, fees charged pursuant to this section and collected prior to July 1, 1992, shall be deemed valid and not refundable under any circumstance. Notwithstanding any other provision of law, fees, interest and penalties, if any, asserted to be due pursuant to this section that were not charged or collected prior to July 1, 1992, shall be deemed invalid and not collectable under any circumstance.
(5)This subdivision shall apply to the assessment, computation, and collection of taxes for the fiscal year beginning on July 1, 1992, and each fiscal year thereafter. For the 199293 and 199394 fiscal years, in the case where a lessees possessory interest existed for less than the full fiscal year for which the tax was levied, the amount of tax shall be prorated in accordance with the number of months for which the lessees interest existed.
SEC. 2.Section 63.1 of the Revenue and Taxation Code is amended to read:63.1.(a)Notwithstanding any other provision of this chapter, a change in ownership shall not include the following purchases or transfers for which a claim is filed pursuant to this section:
(1)(A)The purchase or transfer of real property which is the principal residence of an eligible transferor in the case of a purchase or transfer between parents and their children.
(B)A purchase or transfer of a principal residence from a foster child to the childs biological parent shall not be excluded under subparagraph (A) if the transferor child received that principal residence, or interest therein, from a foster parent through a purchase or transfer that was excluded under subparagraph (A).
(2)The purchase or transfer of the first one million dollars ($1,000,000) of full cash value of all other real property of an eligible transferor in the case of a purchase or transfer between parents and their children.
(3)(A)Subject to subparagraph (B), the purchase or transfer of real property described in paragraphs (1) and (2) of subdivision (a) occurring on or after March 27, 1996, between grandparents and their grandchild or grandchildren, if all of the parents of that grandchild or those grandchildren, who qualify as the children of the grandparents, are deceased as of the date of purchase or transfer. Notwithstanding any other provision of law, for the lien date for the 200607 fiscal year and each fiscal year thereafter, in determining whether all of the parents of that grandchild or those grandchildren, who qualify as the children of the grandparents, are deceased as of the date of purchase or transfer, a son-in-law or daughter-in-law of the grandparent that is a stepparent to the grandchild need not be deceased on the date of the transfer.
(B)A purchase or transfer of a principal residence shall not be excluded pursuant to subparagraph (A) if the transferee grandchild or grandchildren also received a principal residence, or interest therein, through another purchase or transfer that was excludable pursuant to paragraph (1) of subdivision (a). The full cash value of any real property, other than a principal residence, that was transferred to the grandchild or grandchildren pursuant to a purchase or transfer that was excludable pursuant to paragraph (2) of subdivision (a) and the full cash value of a principal residence that fails to qualify for exclusion as a result of the preceding sentence shall be included in applying, for purposes of paragraph (2) of subdivision (a), the one million dollar ($1,000,000) full cash value limit specified in paragraph (2) of subdivision (a).
(b)(1)For purposes of paragraph (1) of subdivision (a), principal residence means a dwelling that is eligible for a homeowners exemption or a disabled veterans exemption as a result of the transferors ownership and occupation of the dwelling. Principal residence includes only that portion of the land underlying the residence that consists of an area of reasonable size that is used as a site for the residence.
(2)For purposes of paragraph (2) of subdivision (a), the one-million-dollar ($1,000,000) exclusion shall apply separately to each eligible transferor with respect to all purchases by and transfers to eligible transferees on and after November 6, 1986, of real property, other than the principal residence, of that eligible transferor. The exclusion shall not apply to any property in which the eligible transferors interest was received through a transfer, or transfers, excluded from change in ownership by the provisions of either subdivision (f) of Section 62 or subdivision (b) of Section 65, unless the transferor qualifies as an original transferor under subdivision (b) of Section 65. In the case of any purchase or transfer subject to this paragraph involving two or more eligible transferors, the transferors may elect to combine their separate one-million-dollar ($1,000,000) exclusions and, upon making that election, the combined amount of their separate exclusions shall apply to any property jointly sold or transferred by the electing transferors, provided that in no case shall the amount of full cash value of real property of any one eligible transferor excluded under this election exceed the amount of the transferors separate unused exclusion on the date of the joint sale or transfer.
(c)As used in this section:
(1)Purchase or transfer between parents and their children means either a transfer from a parent or parents to a child or children of the parent or parents or a transfer from a child or children to a parent or parents of the child or children. For purposes of this section, the date of any transfer between parents and their children under a will or intestate succession shall be the date of the decedents death, if the decedent died on or after November 6, 1986.
(2)Purchase or transfer of real property between grandparents and their grandchild or grandchildren means a purchase or transfer on or after March 27, 1996, from a grandparent or grandparents to a grandchild or grandchildren if all of the parents of that grandchild or those grandchildren who qualify as the children of the grandparents are deceased as of the date of the transfer. For purposes of this section, the date of any transfer between grandparents and their grandchildren under a will or by intestate succession shall be the date of the decedents death. Notwithstanding any other provision of law, for the lien date for the 200607 fiscal year and each fiscal year thereafter, in determining whether all of the parents of that grandchild or those grandchildren, who qualify as the children of the grandparents, are deceased as of the date of purchase or transfer, a son-in-law or daughter-in-law of the grandparent that is a stepparent to the grandchild need not be deceased on the date of the transfer.
(3)Children means any of the following:
(A)Any child born of the parent or parents, except a child, as defined in subparagraph (D), who has been adopted by another person or persons.
(B)Any stepchild of the parent or parents and the spouse of that stepchild while the relationship of stepparent and stepchild exists. For purposes of this paragraph, the relationship of stepparent and stepchild shall be deemed to exist until the marriage on which the relationship is based is terminated by divorce, or, if the relationship is terminated by death, until the remarriage of the surviving stepparent.
(C)Any son-in-law or daughter-in-law of the parent or parents. For the purposes of this paragraph, the relationship of parent and son-in-law or daughter-in-law shall be deemed to exist until the marriage on which the relationship is based is terminated by divorce, or, if the relationship is terminated by death, until the remarriage of the surviving son-in-law or daughter-in-law.
(D)Any child adopted by the parent or parents pursuant to statute, other than an individual adopted after reaching 18 years of age.
(E)Any foster child of a state-licensed foster parent, if that child was not, because of a legal barrier, adopted by the foster parent or foster parents before the child aged out of the foster care system. For purposes of this paragraph, the relationship between a foster child and foster parent shall be deemed to exist until terminated by death. However, for purposes of a transfer that occurs on the date of death, the relationship shall be deemed to exist on the date of death.
(4)Grandchild or grandchildren means any child or children of the child or children of the grandparent or grandparents.
(5)Full cash value means full cash value, as defined in Section 2 of Article XIIIA of the California Constitution and Section 110.1, with any adjustments authorized by those sections, and the full value of any new construction in progress, determined as of the date immediately prior to the date of a purchase by or transfer to an eligible transferee of real property subject to this section.
(6)Eligible transferor means a grandparent, parent, or child of an eligible transferee.
(7)Eligible transferee means a parent, child, or grandchild of an eligible transferor.
(8)Real property means real property as defined in Section 104. Real property does not include any interest in a legal entity. For purposes of this section, real property includes any of the following:
(A)An interest in a unit or lot within a cooperative housing corporation, as defined in subdivision (i) of Section 61.
(B)A pro rata ownership interest in a mobilehome park, as defined in subdivision (b) of Section 62.1.
(C)A pro rata ownership in a floating home marina, as defined in subdivision (c) of Section 62.5.
(9)Transfer includes, and is not limited to, any transfer of the present beneficial ownership of property from an eligible transferor to an eligible transferee through the medium of an inter vivos or testamentary trust.
(10)Social security number also includes a taxpayer identification number issued by the Internal Revenue Service in the case in which the taxpayer is a foreign national who cannot obtain a social security number.
(d)(1)The exclusions provided for in subdivision (a) shall not be allowed unless the eligible transferee, the transferees legal representative, the trustee of the transferees trust, or the executor or administrator of the transferees estate files a claim with the assessor for the exclusion sought and furnishes to the assessor each of the following:
(A)A written certification by the transferee, the transferees legal representative, the trustee of the transferees trust, or the executor or administrator of the transferees estate, signed and made under penalty of perjury that the transferee is a parent, child, or grandchild of the transferor and that the transferor is his or her parent, child, or grandparent. In the case of a grandparent-grandchild transfer, the written certification shall also include a certification that all the parents of the grandchild or grandchildren who qualify as children of the grandparents were deceased as of the date of the purchase or transfer and that the grandchild or grandchildren did or did not receive a principal residence excludable under paragraph (1) of subdivision (a) from the deceased parents, and that the grandchild or grandchildren did or did not receive real property other than a principal residence excludable under paragraph (2) of subdivision (a) from the deceased parents. The claimant shall provide legal substantiation of any matter certified pursuant to this subparagraph at the request of the county assessor.
(B)A written certification by the transferor, the transferors legal representative, the trustee of the transferors trust, or the executor or administrator of the transferors estate, signed and made under penalty of perjury that the transferor is a grandparent, parent, or child of the transferee and that the transferor is seeking the exclusion under this section and will not file a claim to transfer the base year value of the property under Section 69.5.
(C)A written certification shall also include either or both of the following:
(i)If the purchase or transfer of real property includes the purchase or transfer of residential real property, a certification that the residential real property is or is not the transferors principal residence.
(ii)If the purchase or transfer of real property includes the purchase or transfer of real property other than the transferors principal residence, a certification that other real property of the transferor that is subject to this section has or has not been previously sold or transferred to an eligible transferee, the total amount of full cash value, as defined in subdivision (c), of any real property subject to this section that has been previously sold or transferred by that transferor to eligible transferees, the location of that real property, the social security number of each eligible transferor, and the names of the eligible transferees of that property.
(D)If there are multiple transferees, the certification and signature may be made by any one of the transferees, if both of the following conditions are met:
(i)The transferee has actual knowledge that, and the certification signed by the transferee states that, all of the transferees are eligible transferees within the meaning of this section.
(ii)The certification is signed by the transferee as a true statement made under penalty of perjury.
(E)In the case of a transfer between a foster parent and foster child, the claim filed with the assessor shall include a certified copy of the court decision regarding the foster child status of the individual and a certified statement from the appropriate county agency stating that the foster child was not, because of a legal barrier, adopted by the foster parent or foster parents. Upon a request by the county assessor, the claimant also shall provide to the assessor legal substantiation of any matter certified under this subparagraph.
(2)If the full cash value of the real property purchased by or transferred to the transferee exceeds the permissible exclusion of the transferor or the combined permissible exclusion of the transferors, in the case of a purchase or transfer from two or more joint transferors, taking into account any previous purchases by or transfers to an eligible transferee from the same transferor or transferors, the transferee shall specify in his or her claim the amount and the allocation of the exclusion he or she is seeking. Within any appraisal unit, as determined in accordance with subdivision (d) of Section 51 by the assessor of the county in which the real property is located, the exclusion shall be applied only on a pro rata basis, however, and shall not be applied to a selected portion or portions of the appraisal unit.
(e)(1)The State Board of Equalization shall design the form for claiming eligibility. Except as provided in paragraph (2), any claim under this section shall be filed:
(A)For transfers of real property between parents and their children occurring prior to September 30, 1990, within three years after the date of the purchase or transfer of real property for which the claim is filed.
(B)For transfers of real property between parents and their children occurring on or after September 30, 1990, and for the purchase or transfer of real property between grandparents and their grandchildren occurring on or after March 27, 1996, within three years after the date of the purchase or transfer of real property for which the claim is filed, or prior to transfer of the real property to a third party, whichever is earlier.
(C)Notwithstanding subparagraphs (A) and (B), a claim shall be deemed to be timely filed if it is filed within six months after the date of mailing of a notice of supplemental or escape assessment, issued as a result of the purchase or transfer of real property for which the claim is filed.
(2)In the case in which the real property subject to purchase or transfer has not been transferred to a third party, a claim for exclusion under this section that is filed subsequent to the expiration of the filing periods set forth in paragraph (1) shall be considered by the assessor, subject to all of the following conditions:
(A)Any exclusion granted pursuant to that claim shall apply commencing with the lien date of the assessment year in which the claim is filed.
(B)Under any exclusion granted pursuant to that claim, the adjusted full cash value of the subject real property in the assessment year described in subparagraph (A) shall be the adjusted base year value of the subject real property in the assessment year in which the excluded purchase or transfer took place, factored to the assessment year described in subparagraph (A) for both of the following:
(i)Inflation as annually determined in accordance with paragraph (1) of subdivision (a) of Section 51.
(ii)Any subsequent new construction occurring with respect to the subject real property.
(3)(A)Unless otherwise expressly provided, the provisions of this subdivision shall apply to any purchase or transfer of real property that occurred on or after November 6, 1986.
(B)Paragraph (2) shall apply to purchases or transfers between parents and their children that occurred on or after November 6, 1986, and to purchases or transfers between grandparents and their grandchildren that occurred on or after March 27, 1996.
(4)For purposes of this subdivision, a transfer of real property to a parent or child of the transferor shall not be considered a transfer to a third party.
(f)The assessor may report quarterly to the State Board of Equalization all purchases or transfers, other than purchases or transfers involving a principal residence, for which a claim for exclusion is made pursuant to subdivision (d). Each report shall contain the assessors parcel number for each parcel for which the exclusion is claimed, the amount of each exclusion claimed, the social security number of each eligible transferor, and any other information the board may require in order to monitor the one-million-dollar ($1,000,000) limitation in paragraph (2) of subdivision (a). In recognition of the state and local interests served by the action made optional in this subdivision, the Legislature encourages the assessor to continue taking the action formerly mandated by this subdivision.
(g)This section shall apply to both voluntary transfers and transfers resulting from a court order or judicial decree. Nothing in this subdivision shall be construed as conflicting with paragraph (1) of subdivision (c) or the general principle that transfers by reason of death occur at the time of death.
(h)(1)Except as provided in paragraph (2), this section shall apply to purchases and transfers of real property completed on or after November 6, 1986, and shall not be effective for any change in ownership, including a change in ownership arising on the date of a decedents death, that occurred prior to that date.
(2)This section shall apply to purchases or transfers of real property between grandparents and their grandchildren occurring on or after March 27, 1996, and, with respect to purchases or transfers of real property between grandparents and their grandchildren, shall not be effective for any change in ownership, including a change in ownership arising on the date of a decedents death, that occurred prior to that date.
(i)A claim filed under this section is not a public document and is not subject to public inspection, except that a claim shall be available for inspection by the transferee and the transferor or their respective spouse, the transferees legal representative, the transferors legal representative, the trustee of the transferees trust, the trustee of the transferors trust, and the executor or administrator of the transferees or transferors estate.
(j)(1)If the assessor notifies the transferee in writing of potential eligibility for exclusion from change in ownership under this section, a certified claim for exclusion shall be filed with the assessor within 45 days of the date of the notice of potential eligibility. If a certified claim for exclusion is not filed within 45 days, the assessor may send a second notice of potential eligibility for exclusion, notifying the transferee that a certified claim for exclusion has not been received and that reassessment of the property will commence unless a certified claim for exclusion is filed within 60 days of the date of the second notice of potential eligibility. The second notice of potential eligibility shall indicate whether a certified claim for exclusion that is not filed within 60 days will be subject to a processing fee as provided in paragraph (2).
(2)If a certified claim for exclusion is not filed within 60 days of the date of the second notice of potential eligibility and an eligible transferee subsequently files a claim and qualifies for the exclusion, the assessor may, upon authorization by a county board of supervisors, require an eligible transferee to pay a one-time processing fee, collected at the time the claim is submitted, and reimbursed by the assessor if the claim is ineligible. The fee shall be subject to the provisions of Chapter 12.5 (commencing with Section 54985) of Part 1 of Division 2 of Title 5 of the Government Code and shall not exceed the amount of the actual and reasonable costs incurred by the assessor for reassessment work done due to failure to file the claim for exclusion or one hundred seventy-five dollars ($175), whichever is less.
(3)The failure to file a certified claim for exclusion within the filing periods specified by this subdivision shall not be construed to limit any exclusion from being granted pursuant to a claim filed within the filing periods specified by subdivision (e).
SEC. 3.Section 68 of the Revenue and Taxation Code is amended to read:68.(a)For purposes of Section 2 of Article XIIIA of the Constitution, the term change in ownership shall not include the acquisition of real property as a replacement for comparable property if the person acquiring the real property has been displaced from property in this state by eminent domain proceedings, by acquisition by a public entity, or by governmental action which has resulted in a judgment of inverse condemnation.
The adjusted base year value of the property acquired shall be the lower of the fair market value of the property acquired or the value which is the sum of the following:
(1)The adjusted base year value of the property from which the person was displaced.
(2)The amount, if any, by which the full cash value of the property acquired exceeds 120 percent of the amount received by the person for the property from which the person was displaced.
The provisions of this section shall apply to eminent domain proceedings, acquisitions, or judgments of inverse condemnation after March 1, 1975, and shall affect only those assessments of that property which occur after June 8, 1982.
(b)(1)A person acquiring replacement property shall request assessment under this section. A request made after four years following the date the property was acquired by eminent domain or purchase, or the date the judgment of inverse condemnation becomes final, shall be subject to subdivision (c).
(2)A change in the adjusted base year value of the replacement property acquired, resulting from the application of the provisions of this section, shall be deemed to be effective on the first day of the month following the month in which the property is acquired. The change in value shall be treated as a change in ownership for the purpose of placing supplemental assessments on the supplemental roll pursuant to Chapter 3.5 (commencing with Section 75). The assessor shall, however, appraise the replacement property acquired in accordance with the provisions of this section rather than the provisions of Section 75.10. The provisions of Chapter 3.5 shall be liberally construed in order to provide the benefits of this section and Section 2 of Article XIII A of the California Constitution to affected property owners at the earliest possible date.
(c)A request for assessment under this section that is made after four years following the date the property was acquired by eminent domain or purchase, or the date the judgment of inverse condemnation becomes final, shall apply to the lien dates for the last four fiscal years with appropriate roll corrections, refunds, or cancellations. Under an assessment granted pursuant to that request, the assessor shall adjust the base year value of the replacement property acquired in accordance with this section and make adjustments for both of the following:
(1)Inflation, as annually determined in accordance with paragraph (1) of subdivision (a) of Section 51.
(2)Any subsequent new construction occurring with respect to the subject real property.
SEC. 4.Section 401.10 of the Revenue and Taxation Code is amended to read:401.10.(a)Notwithstanding any other law relating to the determination of the values upon which property taxes are based, values for each tax year from the 198485 tax year to the 202021 tax year, inclusive, for intercounty pipeline rights-of-way on publicly or privately owned property, including those rights-of-way that are the subject of a change in ownership, new construction, or any other reappraisable event during the period from March 1, 1975, to June 30, 2021, inclusive, shall be rebuttably presumed to be at full cash value for that year, if all of the following conditions are met:
(1)(A)The full cash value is determined to equal a 197576 base year value, annually adjusted for inflation in accordance with subdivision (b) of Section 2 of Article XIIIA of the California Constitution, and the 197576 base year value was determined in accordance with the following schedule:
(i)Twenty thousand dollars ($20,000) per mile for a high density property.
(ii)Twelve thousand dollars ($12,000) per mile for a transitional density property.
(iii)Nine thousand dollars ($9,000) per mile for a low density property.
(B)For purposes of this section, the density classifications described in subparagraph (A) are defined as follows:
(i)High density means Category 1 (densely urban) as established by the State Board of Equalization.
(ii)Transitional density means Category 2 (urban) as established by the State Board of Equalization.
(iii)Low density means Category 3 (valley-agricultural), Category 4 (grazing), and Category 5 (mountain and desert) as established by the State Board of Equalization.
(2)The full cash value is determined utilizing the same property density classifications that were assigned to the property by the State Board of Equalization for the 198485 tax year or, if density classifications were not so assigned to the property for the 198485 tax year, the density classifications that were first assigned to the property by the board for a subsequent tax year.
(3)(A)If a taxpayer owns multiple pipelines in the same right-of-way, an additional 50 percent of the value attributed to the right-of-way for the presence of the first pipeline, as determined under paragraphs (1) and (2), shall be added for the presence of each additional pipeline up to a maximum of two additional pipelines. For any particular taxpayer, the total valuation for a multiple pipeline right-of-way shall not exceed 200 percent of the value determined for the right-of-way of the first pipeline in the right-of-way in accordance with paragraphs (1) and (2).
(B)If the State Board of Equalization has determined that an intercounty pipeline, located within a multiple pipeline right-of-way previously valued in accordance with subparagraph (A), has been abandoned as a result of physical removal or blockage, the assessed value of the right-of-way attributable to the last pipeline enrolled in accordance with subparagraph (A) shall be reduced by not less than 75 percent of that increase in assessed value that resulted from the application of subparagraph (A).
(4)If all pipelines of a taxpayer located within the same pipeline right-of-way, previously valued in accordance with this section, are determined by the State Board of Equalization to have been abandoned as the result of physical removal or blockage, the assessed value of that right-of-way to that taxpayer shall be determined to be no more than 25 percent of the assessed value otherwise determined for the right-of-way for a single pipeline of that taxpayer pursuant to paragraphs (1) and (2).
(b)If the assessor assigns values for any tax year from the 198485 tax year to the 202021 tax year, inclusive, in accordance with the methodology specified in subdivision (a), the taxpayers right to assert any challenge to the right to assess that property, whether in an administrative or judicial proceeding, shall be deemed to have been raised and resolved for that tax year and the values determined in accordance with that methodology shall be rebuttably presumed to be correct. If the assessor assigns values for any tax year from the 198485 tax year to the 202021 tax year, inclusive, in accordance with the methodology specified in subdivision (a), any pending taxpayer lawsuit that challenges the right to assess the property shall be dismissed by the taxpayer with prejudice as it applies to intercounty pipeline rights-of-way.
(c)Notwithstanding any change in ownership, new construction, or decline in value occurring after March 1, 1975, if the assessor assigns values for rights-of-way for any tax year from the 198485 tax year to the 202021 tax year, inclusive, in accordance with the methodology specified in subdivision (a), the taxpayer may not challenge the right to assess that property and the values determined in accordance with that methodology shall be rebuttably presumed to be correct for that property for that tax year.
(d)Notwithstanding any change in ownership, new construction, or decline in value occurring after March 1, 1975, if the assessor does not assign values for rights-of-way for any tax year from the 198485 tax year to the 202021 tax year, inclusive, at the 197576 base year values specified in subdivision (a), any assessed value that is determined on the basis of valuation standards that differ, in whole or in part, from those valuation standards set forth in subdivision (a) shall not benefit from any presumption of correctness, and the taxpayer may challenge the right to assess that property or the values for that property for that tax year. As used herein, a challenge to the right to assess shall include any assessment appeal, claim for refund, or lawsuit asserting any right, remedy, or cause of action relating to or arising from, but not limited to, the following or similar contentions:
(1)That the value of the right-of-way is included in the value of the underlying fee or railroad right-of-way.
(2)That assessment of the value of the right-of-way to the owner of the pipeline would result in double assessment.
(3)That the value of the right-of-way may not be assessed to the owner of the pipeline separately from the assessment of the value of the underlying fee.
(e)Notwithstanding any other provision of law, during a four-year period commencing on January 1, 1996, the assessor may issue an escape assessment in accordance with the specific valuation standards set forth in subdivision (a) for the following taxpayers and tax years:
(1)Any intercounty pipeline right-of-way taxpayer who was a plaintiff in Southern Pacific Pipe Lines, Inc. v. State Board of Equalization (1993) 14 Cal.App.4th 42, for the tax years 198485 to 199697, inclusive.
(2)Any intercounty pipeline right-of-way taxpayer who was not a plaintiff in Southern Pacific Pipe Lines, Inc. v. State Board of Equalization (1993) 14 Cal.App.4th 42, for the tax years 198990 to 199697, inclusive.
(f)Any escape assessment levied under subdivision (e) shall not be subject to penalties or interest under the provisions of Section 532. If payment of any taxes due under this section is made within 45 days of demand by the tax collector for payment, the county shall not impose any late payment penalty or interest. Taxes not paid within 45 days of demand by the tax collector shall become delinquent at that time. If the tax thereon remains unpaid at the time set for declaration of default for delinquent taxes, the tax together with any penalty and costs as may have accrued thereon while on the secured roll shall be transferred to the unsecured roll.
(g)For purposes of this section, intercounty pipeline right-of-way means, except as otherwise provided in this subdivision, any interest in publicly or privately owned real property through which or over which an intercounty pipeline is placed. However, intercounty pipeline right-of-way does not include any parcel or facility that the State Board of Equalization originally separately assessed using a valuation method other than the multiplication of pipeline length within a subject property by a unit value determined in accordance with the density category of that subject property.
(h)This section shall remain in effect only until January 1, 2022, and, as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 5.Section 423.3 of the Revenue and Taxation Code is amended to read:423.3.Any city or county may allow land subject to an enforceable restriction under the Williamson Act or a migratory waterfowl habitat contract to be assessed in accordance with one or more of the following:
(a)Land specified in paragraph (1) of subdivision (a) of Section 16142 of the Government Code shall be assessed at the value determined as provided in Section 423, but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 70 percent.
(b)Prime commercial rangeland shall be assessed at the value determined as provided in Section 423, but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 80 percent.
For purposes of this subdivision, prime commercial rangeland means rangeland which meets all of the following physical-chemical parameters:
(1)Soil depth of 12 inches or more.
(2)Soil texture of fine sandy loam to clay.
(3)Soil permeability of rapid to slow.
(4)Soil with at least 2.5 inches of available water holding capacity in profile.
(5)A slope of less than 30 percent.
(6)A climate with 80 or more frost-free days per year.
(7)Ten inches or more average annual precipitation.
(8)When managed at potential, the land generally requires less than 17 acres to support one animal unit per year.
Property owners of land specified in this subdivision, shall demonstrate that their land falls within the above definition when requested by the city or county.
(c)Land specified in paragraph (2) of subdivision (a) of Section 16142 of the Government Code shall be assessed at the value determined as provided in Section 423, but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 90 percent.
(d)Waterfowl habitat shall be assessed at the value determined as provided in Section 423.7 but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 90 percent.
SEC. 6.Section 480 of the Revenue and Taxation Code is amended to read:480.(a)Whenever there occurs any change in ownership of real property, a manufactured home, or a floating home that is subject to local property taxation and is assessed by the county assessor, the transferee shall file a signed change in ownership statement in the county where the real property, manufactured home, or floating home is located, as provided for in subdivision (c). In the case of a change in ownership where the transferee is not locally assessed, no change in ownership statement is required.
(b)The personal representative shall file a change in ownership statement with the county recorder or assessor in each county in which the decedent owned real property at the time of death that is subject to probate proceedings. The statement shall be filed prior to or at the time the inventory and appraisal is filed with the court clerk. In all other cases in which an interest in real property is transferred by reason of death, including a transfer through the medium of a trust, the change in ownership statement or statements shall be filed by the trustee (if the property was held in trust) or the transferee with the county recorder or assessor in each county in which the decedent owned an interest in real property within 150 days after the date of death.
(c)Except as provided in subdivision (d), the change in ownership statement as required pursuant to subdivision (a) shall be declared to be true under penalty of perjury and shall give that information relative to the real property, manufactured home, or floating home acquisition transaction as the board shall prescribe after consultation with the California Assessors Association. The information shall
include, but not be limited to, a description of the property, the parties to the transaction, the date of acquisition, the amount, if any, of the consideration paid for the property, whether paid in money or otherwise, and the terms of the transaction. The change in ownership statement shall not include any question that is not germane to the assessment function. The statement shall contain a notice informing the transferee of the property tax relief available under Section 69.5. The statement shall contain a notice that is printed, with the title in at least 12-point boldface type and the body in at least 8-point boldface type, in the following form:
Important Notice
The law requires any transferee acquiring an interest in real property, manufactured home, or floating home subject to local property taxation, and that is assessed by the county
assessor, to file a change in ownership statement with the county recorder or assessor. The change in ownership statement must be filed at the time of recording or, if the transfer is not recorded, within 90 days of the date of the change in ownership, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death or, if the estate is probated, shall be filed at the time the inventory and appraisal is filed. The failure to file a change in ownership statement within 90 days from the date a written request is mailed by the assessor results in a penalty of either: (1) one hundred dollars ($100), or (2) 10 percent of the taxes applicable to the new base year value reflecting the change in ownership of the real property, manufactured home, or floating home, whichever is greater, but not to exceed five thousand dollars ($5,000) if the property is eligible for the homeowners exemption or twenty thousand dollars ($20,000) if the
property is not eligible for the homeowners exemption if that failure to file was not willful. This penalty will be added to the assessment roll and shall be collected like any other delinquent property taxes, and be subject to the same penalties for nonpayment.
(d)The change in ownership statement may be attached to or accompany the deed or other document evidencing a change in ownership filed for recording, in which case the notice, declaration under penalty of perjury, and any information contained in the deed or other transfer document otherwise required by subdivision (c) may be omitted.
(e)If the document evidencing a change in ownership is recorded in the county recorders office, then the statement shall be filed with the recorder at the time of recordation. However, the recordation of the deed or other document evidencing a change in ownership shall not be denied or delayed because of the failure to file a change of ownership statement, or filing of an incomplete statement, in accordance with this subdivision. If the document evidencing a change in ownership is not recorded or is recorded without the concurrent filing of a change in ownership statement, then the statement shall be filed with the assessor no later than 90 days from the date the change in ownership occurs, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death or, if the estate is probated, shall be filed at the time the inventory and appraisal is filed.
(f)Whenever a change in ownership statement is filed with the county recorders office, the recorder shall transmit, as soon as possible, the original statement or a true copy thereof to the assessor along with a copy of every recorded document as required by Section 255.7.
(g)(1)The change in ownership statement may be filed with the assessor through the United States mail, properly addressed with the postage prepaid.
(2)A change in ownership statement that is filed with the assessor, as authorized by paragraph (1), shall be deemed filed on either the date of the postmark affixed by the United States Postal Service containing the statement or on the date certified by a bona fide private courier service on the envelope containing the statement.
(h)In the case of a corporation, the change in ownership statement shall be signed either by an officer of the corporation or an employee or agent who has been designated in writing by the board of directors to sign those statements on behalf of the corporation. In the case of a partnership, limited liability company, or other legal entity, the statement shall be signed by an officer, partner, manager, or an employee or agent who has been designated in writing by the partnership, limited liability company, or legal entity.
(i)No person or entity acting for or on behalf of the parties to a transfer of real property shall incur liability for the consequences of assistance rendered to the transferee in preparation of any change in ownership statement, and no action may be brought or maintained against any person or entity as a result of that assistance.
Nothing in this section shall create a duty, either directly or by implication, that the assistance be rendered by any person or entity acting for or on behalf of parties to a transfer of real property.
SEC. 7.Section 482 of the Revenue and Taxation Code is amended to read:482.(a)(1)If a person or legal entity required to file a statement described in Section 480 fails to do so within 90 days from the date a written request is mailed by the assessor, a penalty of either: (A) one hundred dollars ($100), or (B) 10 percent of the taxes applicable to the new base year value reflecting the change in ownership of the real property, manufactured home, or floating home, whichever is greater, but not to exceed five thousand dollars ($5,000) if the property is eligible for the homeowners exemption or twenty thousand dollars ($20,000) if the property is not eligible for the homeowners exemption if the failure to file was not willful, shall, except as otherwise provided in this section, be added to the assessment made on the roll. The penalty shall apply for failure to file a complete change in ownership statement notwithstanding the fact that the assessor determines that no change in ownership has occurred as defined in Chapter 2 (commencing with Section 60) of Part 0.5. The penalty may also be applied if after a request the transferee files an incomplete statement and does not supply the missing information upon a second request.
(2)The assessor shall mail the written request specified in paragraph (1) to the mailing address of the transferee as provided by subdivision (f).
(b)If a person or legal entity required to file a statement described in Section 480.1 or 480.2 fails to do so within 90 days from the earlier of (1) the date of the change in control or the change in ownership of the corporation, partnership, limited liability company, or other legal entity, or (2) the date of a written request by the State Board of Equalization, a penalty of 10 percent of the taxes applicable to the new base year value reflecting the change in control or change in ownership of the real property owned by the corporation, partnership, or legal entity, or 10 percent of the current years taxes on that property if no change in control or change in ownership occurred, shall be added by the county assessor to the assessment made on the roll. The penalty shall apply for failure to file a complete statement with the board notwithstanding the fact that the board determines that no change in control or change in ownership has occurred as defined in subdivision (c) or (d) of Section 64. The penalty may also be applied if after a request the person or legal entity files an incomplete statement and does not supply the missing information upon that second request to complete the statement. That penalty shall be in lieu of the penalty provisions of subdivision (a).
(c)The penalty for failure to file a timely statement pursuant to Sections 480, 480.1, and 480.2 for any one transfer may be imposed only one time, even though the assessor may initiate a request as often as he or she deems necessary.
(d)The penalty shall be added to the roll in the same manner as a special assessment and treated, collected, and subject to the same penalties for the delinquency as all other taxes on the roll in which it is entered.
(1)When the transfer to be reported under this section is of a portion of a property or parcel appearing on the roll during the fiscal year in which the 90-day period expires, the current years taxes shall be prorated so the penalty will be computed on the proportion of property which has transferred.
(2)Any penalty added to the roll pursuant to this section between January 1 and June 30 may be entered either on the unsecured roll or the roll being prepared. After January 1, the penalty may be added to the current roll only with the approval of the tax collector.
(3)If the property is transferred or conveyed to a bona fide purchaser for value or becomes subject to a lien of a bona fide encumbrancer for value after the transfer of ownership resulting in the imposition of the penalty and before the enrollment of the penalty, the penalty shall be entered on the unsecured roll in the name of the transferee whose failure to file the change in ownership statement resulted in the imposition of the penalty.
(e)When a penalty imposed pursuant to this section is entered on the unsecured roll, the tax collector may immediately file a certificate authorized by Section 2191.3.
(f)Notice of any penalty added to either the secured or unsecured roll pursuant to this section, which shall identify the parcel or parcels for which the penalty is assessed, and the written request to file a statement specified in subdivision (a), which shall identify the real property, manufactured home, or floating home for which the statement is required to be filed, shall be mailed by the assessor to the transferee at his or her address contained in any recorded instrument or document evidencing a transfer of an interest in real property, manufactured home, or floating home or the address specified for mailing tax information contained in the preliminary change in ownership report. If the transferee has subsequently notified the assessor of a change in address for mailing tax information, the assessor shall mail the notice of any penalty, or the written request to file a statement specified in subdivision (a), to this address. If there is no address specified for mailing tax information on either the recorded instrument, the document evidencing a transfer of an interest in real property, manufactured home, or floating home or on the filed preliminary change in ownership report, and the transferee has not provided an address for purposes of mailing tax information, the assessor shall mail the notice of any penalty, or the written request to file a statement specified in subdivision (a), to the transferee at any address reasonably known to the assessor.
SEC. 8.Section 2609 of the Revenue and Taxation Code is amended to read:2609.On or before November 1 of each year, the tax collector shall publish a notice specifying:
(a)The dates when taxes on the secured roll will be due.
(b)The times when these taxes will be delinquent.
(c)The penalties and costs for delinquency.
(d)That all taxes may be paid when the first installment is due.
(e)The times and places at which payment of taxes may be made.
SEC. 9.Section 3726 of the Revenue and Taxation Code is amended to read:3726.A defense based on the alleged invalidity or irregularity of any proceeding instituted under this chapter can be maintained only in a proceeding commenced within one year after the date of execution of the tax collectors deed or within one year of the date the board of supervisors determines that a tax deed sold under this part should not be rescinded pursuant to Section 3731, whichever is later.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.
SEC. 11.Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.
(a)(1)Except as provided in subdivision (b), a public retirement system, which has invested assets in real property and improvements thereon for business or residential purposes for the production of income, shall pay annually to the city or county, in whose jurisdiction the real property is located and has been removed from the secured roll, a fee for general governmental services equal to the difference between the amount that would have accrued as real property secured taxes and the amount of possessory interest unsecured taxes paid for that property. The governing bodies of local entities may adopt ordinances and regulations authorizing retirement systems to invest assets in real property subject to the foregoing requirements.
(2)This subdivision shall not apply to any retirement system which is established by a local governmental entity if that entity is presently authorized by statute or ordinance to invest retirement assets in real property.
(3)This subdivision shall not apply to property owned by any state public retirement system.
(b)(1)Whenever a state public retirement system, which has invested assets in real property and improvements thereon for business or residential purposes for the production of income, leases the property, the lease shall provide, pursuant to Section 107.6 of the Revenue and Taxation Code, that the lessees possessory interest may be subject to property taxation and that the party in whom the possessory interest is vested may be subject to the payment of property taxes levied on that interest. The lease shall be valued in accordance with Section 21 of Title 18 of the California Code of Regulations, as that section was in effect on January 1, 2015, for the valuation of taxable possessory interests.
(2)Except as provided in this subdivision, the property shall be assessed and its taxes computed and collected in the same manner as privately owned property. The lessees possessory interest shall be placed on the unsecured roll and the tax on the possessory interest shall be subject to the collection procedures for unsecured property taxes.
(3)An investment by a state public retirement system in a legal entity that invests assets in real property and improvements thereon shall not constitute an investment by the state public retirement system of assets in real property and improvements thereon. For purposes of this paragraph, legal entity includes, but is not limited to, partnership, joint venture, corporation, trust, or association. When a state public retirement system invests in a legal entity, the state public retirement system shall be deemed to be a person for the purpose of determining a change in ownership under Section 64 of the Revenue and Taxation Code.
(4)Notwithstanding any other provision of law, fees charged pursuant to this section and collected prior to July 1, 1992, shall be deemed valid and not refundable under any circumstance. Notwithstanding any other provision of law, fees, interest and penalties, if any, asserted to be due pursuant to this section that were not charged or collected prior to July 1, 1992, shall be deemed invalid and not collectable under any circumstance.
(5)This subdivision shall apply to the assessment, computation, and collection of taxes for the fiscal year beginning on July 1, 1992, and each fiscal year thereafter. For the 199293 and 199394 fiscal years, in the case where a lessees possessory interest existed for less than the full fiscal year for which the tax was levied, the amount of tax shall be prorated in accordance with the number of months for which the lessees interest existed.
SEC. 2.Section 63.1 of the Revenue and Taxation Code is amended to read:63.1.(a)Notwithstanding any other provision of this chapter, a change in ownership shall not include the following purchases or transfers for which a claim is filed pursuant to this section:
(1)(A)The purchase or transfer of real property which is the principal residence of an eligible transferor in the case of a purchase or transfer between parents and their children.
(B)A purchase or transfer of a principal residence from a foster child to the childs biological parent shall not be excluded under subparagraph (A) if the transferor child received that principal residence, or interest therein, from a foster parent through a purchase or transfer that was excluded under subparagraph (A).
(2)The purchase or transfer of the first one million dollars ($1,000,000) of full cash value of all other real property of an eligible transferor in the case of a purchase or transfer between parents and their children.
(3)(A)Subject to subparagraph (B), the purchase or transfer of real property described in paragraphs (1) and (2) of subdivision (a) occurring on or after March 27, 1996, between grandparents and their grandchild or grandchildren, if all of the parents of that grandchild or those grandchildren, who qualify as the children of the grandparents, are deceased as of the date of purchase or transfer. Notwithstanding any other provision of law, for the lien date for the 200607 fiscal year and each fiscal year thereafter, in determining whether all of the parents of that grandchild or those grandchildren, who qualify as the children of the grandparents, are deceased as of the date of purchase or transfer, a son-in-law or daughter-in-law of the grandparent that is a stepparent to the grandchild need not be deceased on the date of the transfer.
(B)A purchase or transfer of a principal residence shall not be excluded pursuant to subparagraph (A) if the transferee grandchild or grandchildren also received a principal residence, or interest therein, through another purchase or transfer that was excludable pursuant to paragraph (1) of subdivision (a). The full cash value of any real property, other than a principal residence, that was transferred to the grandchild or grandchildren pursuant to a purchase or transfer that was excludable pursuant to paragraph (2) of subdivision (a) and the full cash value of a principal residence that fails to qualify for exclusion as a result of the preceding sentence shall be included in applying, for purposes of paragraph (2) of subdivision (a), the one million dollar ($1,000,000) full cash value limit specified in paragraph (2) of subdivision (a).
(b)(1)For purposes of paragraph (1) of subdivision (a), principal residence means a dwelling that is eligible for a homeowners exemption or a disabled veterans exemption as a result of the transferors ownership and occupation of the dwelling. Principal residence includes only that portion of the land underlying the residence that consists of an area of reasonable size that is used as a site for the residence.
(2)For purposes of paragraph (2) of subdivision (a), the one-million-dollar ($1,000,000) exclusion shall apply separately to each eligible transferor with respect to all purchases by and transfers to eligible transferees on and after November 6, 1986, of real property, other than the principal residence, of that eligible transferor. The exclusion shall not apply to any property in which the eligible transferors interest was received through a transfer, or transfers, excluded from change in ownership by the provisions of either subdivision (f) of Section 62 or subdivision (b) of Section 65, unless the transferor qualifies as an original transferor under subdivision (b) of Section 65. In the case of any purchase or transfer subject to this paragraph involving two or more eligible transferors, the transferors may elect to combine their separate one-million-dollar ($1,000,000) exclusions and, upon making that election, the combined amount of their separate exclusions shall apply to any property jointly sold or transferred by the electing transferors, provided that in no case shall the amount of full cash value of real property of any one eligible transferor excluded under this election exceed the amount of the transferors separate unused exclusion on the date of the joint sale or transfer.
(c)As used in this section:
(1)Purchase or transfer between parents and their children means either a transfer from a parent or parents to a child or children of the parent or parents or a transfer from a child or children to a parent or parents of the child or children. For purposes of this section, the date of any transfer between parents and their children under a will or intestate succession shall be the date of the decedents death, if the decedent died on or after November 6, 1986.
(2)Purchase or transfer of real property between grandparents and their grandchild or grandchildren means a purchase or transfer on or after March 27, 1996, from a grandparent or grandparents to a grandchild or grandchildren if all of the parents of that grandchild or those grandchildren who qualify as the children of the grandparents are deceased as of the date of the transfer. For purposes of this section, the date of any transfer between grandparents and their grandchildren under a will or by intestate succession shall be the date of the decedents death. Notwithstanding any other provision of law, for the lien date for the 200607 fiscal year and each fiscal year thereafter, in determining whether all of the parents of that grandchild or those grandchildren, who qualify as the children of the grandparents, are deceased as of the date of purchase or transfer, a son-in-law or daughter-in-law of the grandparent that is a stepparent to the grandchild need not be deceased on the date of the transfer.
(3)Children means any of the following:
(A)Any child born of the parent or parents, except a child, as defined in subparagraph (D), who has been adopted by another person or persons.
(B)Any stepchild of the parent or parents and the spouse of that stepchild while the relationship of stepparent and stepchild exists. For purposes of this paragraph, the relationship of stepparent and stepchild shall be deemed to exist until the marriage on which the relationship is based is terminated by divorce, or, if the relationship is terminated by death, until the remarriage of the surviving stepparent.
(C)Any son-in-law or daughter-in-law of the parent or parents. For the purposes of this paragraph, the relationship of parent and son-in-law or daughter-in-law shall be deemed to exist until the marriage on which the relationship is based is terminated by divorce, or, if the relationship is terminated by death, until the remarriage of the surviving son-in-law or daughter-in-law.
(D)Any child adopted by the parent or parents pursuant to statute, other than an individual adopted after reaching 18 years of age.
(E)Any foster child of a state-licensed foster parent, if that child was not, because of a legal barrier, adopted by the foster parent or foster parents before the child aged out of the foster care system. For purposes of this paragraph, the relationship between a foster child and foster parent shall be deemed to exist until terminated by death. However, for purposes of a transfer that occurs on the date of death, the relationship shall be deemed to exist on the date of death.
(4)Grandchild or grandchildren means any child or children of the child or children of the grandparent or grandparents.
(5)Full cash value means full cash value, as defined in Section 2 of Article XIIIA of the California Constitution and Section 110.1, with any adjustments authorized by those sections, and the full value of any new construction in progress, determined as of the date immediately prior to the date of a purchase by or transfer to an eligible transferee of real property subject to this section.
(6)Eligible transferor means a grandparent, parent, or child of an eligible transferee.
(7)Eligible transferee means a parent, child, or grandchild of an eligible transferor.
(8)Real property means real property as defined in Section 104. Real property does not include any interest in a legal entity. For purposes of this section, real property includes any of the following:
(A)An interest in a unit or lot within a cooperative housing corporation, as defined in subdivision (i) of Section 61.
(B)A pro rata ownership interest in a mobilehome park, as defined in subdivision (b) of Section 62.1.
(C)A pro rata ownership in a floating home marina, as defined in subdivision (c) of Section 62.5.
(9)Transfer includes, and is not limited to, any transfer of the present beneficial ownership of property from an eligible transferor to an eligible transferee through the medium of an inter vivos or testamentary trust.
(10)Social security number also includes a taxpayer identification number issued by the Internal Revenue Service in the case in which the taxpayer is a foreign national who cannot obtain a social security number.
(d)(1)The exclusions provided for in subdivision (a) shall not be allowed unless the eligible transferee, the transferees legal representative, the trustee of the transferees trust, or the executor or administrator of the transferees estate files a claim with the assessor for the exclusion sought and furnishes to the assessor each of the following:
(A)A written certification by the transferee, the transferees legal representative, the trustee of the transferees trust, or the executor or administrator of the transferees estate, signed and made under penalty of perjury that the transferee is a parent, child, or grandchild of the transferor and that the transferor is his or her parent, child, or grandparent. In the case of a grandparent-grandchild transfer, the written certification shall also include a certification that all the parents of the grandchild or grandchildren who qualify as children of the grandparents were deceased as of the date of the purchase or transfer and that the grandchild or grandchildren did or did not receive a principal residence excludable under paragraph (1) of subdivision (a) from the deceased parents, and that the grandchild or grandchildren did or did not receive real property other than a principal residence excludable under paragraph (2) of subdivision (a) from the deceased parents. The claimant shall provide legal substantiation of any matter certified pursuant to this subparagraph at the request of the county assessor.
(B)A written certification by the transferor, the transferors legal representative, the trustee of the transferors trust, or the executor or administrator of the transferors estate, signed and made under penalty of perjury that the transferor is a grandparent, parent, or child of the transferee and that the transferor is seeking the exclusion under this section and will not file a claim to transfer the base year value of the property under Section 69.5.
(C)A written certification shall also include either or both of the following:
(i)If the purchase or transfer of real property includes the purchase or transfer of residential real property, a certification that the residential real property is or is not the transferors principal residence.
(ii)If the purchase or transfer of real property includes the purchase or transfer of real property other than the transferors principal residence, a certification that other real property of the transferor that is subject to this section has or has not been previously sold or transferred to an eligible transferee, the total amount of full cash value, as defined in subdivision (c), of any real property subject to this section that has been previously sold or transferred by that transferor to eligible transferees, the location of that real property, the social security number of each eligible transferor, and the names of the eligible transferees of that property.
(D)If there are multiple transferees, the certification and signature may be made by any one of the transferees, if both of the following conditions are met:
(i)The transferee has actual knowledge that, and the certification signed by the transferee states that, all of the transferees are eligible transferees within the meaning of this section.
(ii)The certification is signed by the transferee as a true statement made under penalty of perjury.
(E)In the case of a transfer between a foster parent and foster child, the claim filed with the assessor shall include a certified copy of the court decision regarding the foster child status of the individual and a certified statement from the appropriate county agency stating that the foster child was not, because of a legal barrier, adopted by the foster parent or foster parents. Upon a request by the county assessor, the claimant also shall provide to the assessor legal substantiation of any matter certified under this subparagraph.
(2)If the full cash value of the real property purchased by or transferred to the transferee exceeds the permissible exclusion of the transferor or the combined permissible exclusion of the transferors, in the case of a purchase or transfer from two or more joint transferors, taking into account any previous purchases by or transfers to an eligible transferee from the same transferor or transferors, the transferee shall specify in his or her claim the amount and the allocation of the exclusion he or she is seeking. Within any appraisal unit, as determined in accordance with subdivision (d) of Section 51 by the assessor of the county in which the real property is located, the exclusion shall be applied only on a pro rata basis, however, and shall not be applied to a selected portion or portions of the appraisal unit.
(e)(1)The State Board of Equalization shall design the form for claiming eligibility. Except as provided in paragraph (2), any claim under this section shall be filed:
(A)For transfers of real property between parents and their children occurring prior to September 30, 1990, within three years after the date of the purchase or transfer of real property for which the claim is filed.
(B)For transfers of real property between parents and their children occurring on or after September 30, 1990, and for the purchase or transfer of real property between grandparents and their grandchildren occurring on or after March 27, 1996, within three years after the date of the purchase or transfer of real property for which the claim is filed, or prior to transfer of the real property to a third party, whichever is earlier.
(C)Notwithstanding subparagraphs (A) and (B), a claim shall be deemed to be timely filed if it is filed within six months after the date of mailing of a notice of supplemental or escape assessment, issued as a result of the purchase or transfer of real property for which the claim is filed.
(2)In the case in which the real property subject to purchase or transfer has not been transferred to a third party, a claim for exclusion under this section that is filed subsequent to the expiration of the filing periods set forth in paragraph (1) shall be considered by the assessor, subject to all of the following conditions:
(A)Any exclusion granted pursuant to that claim shall apply commencing with the lien date of the assessment year in which the claim is filed.
(B)Under any exclusion granted pursuant to that claim, the adjusted full cash value of the subject real property in the assessment year described in subparagraph (A) shall be the adjusted base year value of the subject real property in the assessment year in which the excluded purchase or transfer took place, factored to the assessment year described in subparagraph (A) for both of the following:
(i)Inflation as annually determined in accordance with paragraph (1) of subdivision (a) of Section 51.
(ii)Any subsequent new construction occurring with respect to the subject real property.
(3)(A)Unless otherwise expressly provided, the provisions of this subdivision shall apply to any purchase or transfer of real property that occurred on or after November 6, 1986.
(B)Paragraph (2) shall apply to purchases or transfers between parents and their children that occurred on or after November 6, 1986, and to purchases or transfers between grandparents and their grandchildren that occurred on or after March 27, 1996.
(4)For purposes of this subdivision, a transfer of real property to a parent or child of the transferor shall not be considered a transfer to a third party.
(f)The assessor may report quarterly to the State Board of Equalization all purchases or transfers, other than purchases or transfers involving a principal residence, for which a claim for exclusion is made pursuant to subdivision (d). Each report shall contain the assessors parcel number for each parcel for which the exclusion is claimed, the amount of each exclusion claimed, the social security number of each eligible transferor, and any other information the board may require in order to monitor the one-million-dollar ($1,000,000) limitation in paragraph (2) of subdivision (a). In recognition of the state and local interests served by the action made optional in this subdivision, the Legislature encourages the assessor to continue taking the action formerly mandated by this subdivision.
(g)This section shall apply to both voluntary transfers and transfers resulting from a court order or judicial decree. Nothing in this subdivision shall be construed as conflicting with paragraph (1) of subdivision (c) or the general principle that transfers by reason of death occur at the time of death.
(h)(1)Except as provided in paragraph (2), this section shall apply to purchases and transfers of real property completed on or after November 6, 1986, and shall not be effective for any change in ownership, including a change in ownership arising on the date of a decedents death, that occurred prior to that date.
(2)This section shall apply to purchases or transfers of real property between grandparents and their grandchildren occurring on or after March 27, 1996, and, with respect to purchases or transfers of real property between grandparents and their grandchildren, shall not be effective for any change in ownership, including a change in ownership arising on the date of a decedents death, that occurred prior to that date.
(i)A claim filed under this section is not a public document and is not subject to public inspection, except that a claim shall be available for inspection by the transferee and the transferor or their respective spouse, the transferees legal representative, the transferors legal representative, the trustee of the transferees trust, the trustee of the transferors trust, and the executor or administrator of the transferees or transferors estate.
(j)(1)If the assessor notifies the transferee in writing of potential eligibility for exclusion from change in ownership under this section, a certified claim for exclusion shall be filed with the assessor within 45 days of the date of the notice of potential eligibility. If a certified claim for exclusion is not filed within 45 days, the assessor may send a second notice of potential eligibility for exclusion, notifying the transferee that a certified claim for exclusion has not been received and that reassessment of the property will commence unless a certified claim for exclusion is filed within 60 days of the date of the second notice of potential eligibility. The second notice of potential eligibility shall indicate whether a certified claim for exclusion that is not filed within 60 days will be subject to a processing fee as provided in paragraph (2).
(2)If a certified claim for exclusion is not filed within 60 days of the date of the second notice of potential eligibility and an eligible transferee subsequently files a claim and qualifies for the exclusion, the assessor may, upon authorization by a county board of supervisors, require an eligible transferee to pay a one-time processing fee, collected at the time the claim is submitted, and reimbursed by the assessor if the claim is ineligible. The fee shall be subject to the provisions of Chapter 12.5 (commencing with Section 54985) of Part 1 of Division 2 of Title 5 of the Government Code and shall not exceed the amount of the actual and reasonable costs incurred by the assessor for reassessment work done due to failure to file the claim for exclusion or one hundred seventy-five dollars ($175), whichever is less.
(3)The failure to file a certified claim for exclusion within the filing periods specified by this subdivision shall not be construed to limit any exclusion from being granted pursuant to a claim filed within the filing periods specified by subdivision (e).
SEC. 3.Section 68 of the Revenue and Taxation Code is amended to read:68.(a)For purposes of Section 2 of Article XIIIA of the Constitution, the term change in ownership shall not include the acquisition of real property as a replacement for comparable property if the person acquiring the real property has been displaced from property in this state by eminent domain proceedings, by acquisition by a public entity, or by governmental action which has resulted in a judgment of inverse condemnation.
The adjusted base year value of the property acquired shall be the lower of the fair market value of the property acquired or the value which is the sum of the following:
(1)The adjusted base year value of the property from which the person was displaced.
(2)The amount, if any, by which the full cash value of the property acquired exceeds 120 percent of the amount received by the person for the property from which the person was displaced.
The provisions of this section shall apply to eminent domain proceedings, acquisitions, or judgments of inverse condemnation after March 1, 1975, and shall affect only those assessments of that property which occur after June 8, 1982.
(b)(1)A person acquiring replacement property shall request assessment under this section. A request made after four years following the date the property was acquired by eminent domain or purchase, or the date the judgment of inverse condemnation becomes final, shall be subject to subdivision (c).
(2)A change in the adjusted base year value of the replacement property acquired, resulting from the application of the provisions of this section, shall be deemed to be effective on the first day of the month following the month in which the property is acquired. The change in value shall be treated as a change in ownership for the purpose of placing supplemental assessments on the supplemental roll pursuant to Chapter 3.5 (commencing with Section 75). The assessor shall, however, appraise the replacement property acquired in accordance with the provisions of this section rather than the provisions of Section 75.10. The provisions of Chapter 3.5 shall be liberally construed in order to provide the benefits of this section and Section 2 of Article XIII A of the California Constitution to affected property owners at the earliest possible date.
(c)A request for assessment under this section that is made after four years following the date the property was acquired by eminent domain or purchase, or the date the judgment of inverse condemnation becomes final, shall apply to the lien dates for the last four fiscal years with appropriate roll corrections, refunds, or cancellations. Under an assessment granted pursuant to that request, the assessor shall adjust the base year value of the replacement property acquired in accordance with this section and make adjustments for both of the following:
(1)Inflation, as annually determined in accordance with paragraph (1) of subdivision (a) of Section 51.
(2)Any subsequent new construction occurring with respect to the subject real property.
SEC. 4.Section 401.10 of the Revenue and Taxation Code is amended to read:401.10.(a)Notwithstanding any other law relating to the determination of the values upon which property taxes are based, values for each tax year from the 198485 tax year to the 202021 tax year, inclusive, for intercounty pipeline rights-of-way on publicly or privately owned property, including those rights-of-way that are the subject of a change in ownership, new construction, or any other reappraisable event during the period from March 1, 1975, to June 30, 2021, inclusive, shall be rebuttably presumed to be at full cash value for that year, if all of the following conditions are met:
(1)(A)The full cash value is determined to equal a 197576 base year value, annually adjusted for inflation in accordance with subdivision (b) of Section 2 of Article XIIIA of the California Constitution, and the 197576 base year value was determined in accordance with the following schedule:
(i)Twenty thousand dollars ($20,000) per mile for a high density property.
(ii)Twelve thousand dollars ($12,000) per mile for a transitional density property.
(iii)Nine thousand dollars ($9,000) per mile for a low density property.
(B)For purposes of this section, the density classifications described in subparagraph (A) are defined as follows:
(i)High density means Category 1 (densely urban) as established by the State Board of Equalization.
(ii)Transitional density means Category 2 (urban) as established by the State Board of Equalization.
(iii)Low density means Category 3 (valley-agricultural), Category 4 (grazing), and Category 5 (mountain and desert) as established by the State Board of Equalization.
(2)The full cash value is determined utilizing the same property density classifications that were assigned to the property by the State Board of Equalization for the 198485 tax year or, if density classifications were not so assigned to the property for the 198485 tax year, the density classifications that were first assigned to the property by the board for a subsequent tax year.
(3)(A)If a taxpayer owns multiple pipelines in the same right-of-way, an additional 50 percent of the value attributed to the right-of-way for the presence of the first pipeline, as determined under paragraphs (1) and (2), shall be added for the presence of each additional pipeline up to a maximum of two additional pipelines. For any particular taxpayer, the total valuation for a multiple pipeline right-of-way shall not exceed 200 percent of the value determined for the right-of-way of the first pipeline in the right-of-way in accordance with paragraphs (1) and (2).
(B)If the State Board of Equalization has determined that an intercounty pipeline, located within a multiple pipeline right-of-way previously valued in accordance with subparagraph (A), has been abandoned as a result of physical removal or blockage, the assessed value of the right-of-way attributable to the last pipeline enrolled in accordance with subparagraph (A) shall be reduced by not less than 75 percent of that increase in assessed value that resulted from the application of subparagraph (A).
(4)If all pipelines of a taxpayer located within the same pipeline right-of-way, previously valued in accordance with this section, are determined by the State Board of Equalization to have been abandoned as the result of physical removal or blockage, the assessed value of that right-of-way to that taxpayer shall be determined to be no more than 25 percent of the assessed value otherwise determined for the right-of-way for a single pipeline of that taxpayer pursuant to paragraphs (1) and (2).
(b)If the assessor assigns values for any tax year from the 198485 tax year to the 202021 tax year, inclusive, in accordance with the methodology specified in subdivision (a), the taxpayers right to assert any challenge to the right to assess that property, whether in an administrative or judicial proceeding, shall be deemed to have been raised and resolved for that tax year and the values determined in accordance with that methodology shall be rebuttably presumed to be correct. If the assessor assigns values for any tax year from the 198485 tax year to the 202021 tax year, inclusive, in accordance with the methodology specified in subdivision (a), any pending taxpayer lawsuit that challenges the right to assess the property shall be dismissed by the taxpayer with prejudice as it applies to intercounty pipeline rights-of-way.
(c)Notwithstanding any change in ownership, new construction, or decline in value occurring after March 1, 1975, if the assessor assigns values for rights-of-way for any tax year from the 198485 tax year to the 202021 tax year, inclusive, in accordance with the methodology specified in subdivision (a), the taxpayer may not challenge the right to assess that property and the values determined in accordance with that methodology shall be rebuttably presumed to be correct for that property for that tax year.
(d)Notwithstanding any change in ownership, new construction, or decline in value occurring after March 1, 1975, if the assessor does not assign values for rights-of-way for any tax year from the 198485 tax year to the 202021 tax year, inclusive, at the 197576 base year values specified in subdivision (a), any assessed value that is determined on the basis of valuation standards that differ, in whole or in part, from those valuation standards set forth in subdivision (a) shall not benefit from any presumption of correctness, and the taxpayer may challenge the right to assess that property or the values for that property for that tax year. As used herein, a challenge to the right to assess shall include any assessment appeal, claim for refund, or lawsuit asserting any right, remedy, or cause of action relating to or arising from, but not limited to, the following or similar contentions:
(1)That the value of the right-of-way is included in the value of the underlying fee or railroad right-of-way.
(2)That assessment of the value of the right-of-way to the owner of the pipeline would result in double assessment.
(3)That the value of the right-of-way may not be assessed to the owner of the pipeline separately from the assessment of the value of the underlying fee.
(e)Notwithstanding any other provision of law, during a four-year period commencing on January 1, 1996, the assessor may issue an escape assessment in accordance with the specific valuation standards set forth in subdivision (a) for the following taxpayers and tax years:
(1)Any intercounty pipeline right-of-way taxpayer who was a plaintiff in Southern Pacific Pipe Lines, Inc. v. State Board of Equalization (1993) 14 Cal.App.4th 42, for the tax years 198485 to 199697, inclusive.
(2)Any intercounty pipeline right-of-way taxpayer who was not a plaintiff in Southern Pacific Pipe Lines, Inc. v. State Board of Equalization (1993) 14 Cal.App.4th 42, for the tax years 198990 to 199697, inclusive.
(f)Any escape assessment levied under subdivision (e) shall not be subject to penalties or interest under the provisions of Section 532. If payment of any taxes due under this section is made within 45 days of demand by the tax collector for payment, the county shall not impose any late payment penalty or interest. Taxes not paid within 45 days of demand by the tax collector shall become delinquent at that time. If the tax thereon remains unpaid at the time set for declaration of default for delinquent taxes, the tax together with any penalty and costs as may have accrued thereon while on the secured roll shall be transferred to the unsecured roll.
(g)For purposes of this section, intercounty pipeline right-of-way means, except as otherwise provided in this subdivision, any interest in publicly or privately owned real property through which or over which an intercounty pipeline is placed. However, intercounty pipeline right-of-way does not include any parcel or facility that the State Board of Equalization originally separately assessed using a valuation method other than the multiplication of pipeline length within a subject property by a unit value determined in accordance with the density category of that subject property.
(h)This section shall remain in effect only until January 1, 2022, and, as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 5.Section 423.3 of the Revenue and Taxation Code is amended to read:423.3.Any city or county may allow land subject to an enforceable restriction under the Williamson Act or a migratory waterfowl habitat contract to be assessed in accordance with one or more of the following:
(a)Land specified in paragraph (1) of subdivision (a) of Section 16142 of the Government Code shall be assessed at the value determined as provided in Section 423, but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 70 percent.
(b)Prime commercial rangeland shall be assessed at the value determined as provided in Section 423, but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 80 percent.
For purposes of this subdivision, prime commercial rangeland means rangeland which meets all of the following physical-chemical parameters:
(1)Soil depth of 12 inches or more.
(2)Soil texture of fine sandy loam to clay.
(3)Soil permeability of rapid to slow.
(4)Soil with at least 2.5 inches of available water holding capacity in profile.
(5)A slope of less than 30 percent.
(6)A climate with 80 or more frost-free days per year.
(7)Ten inches or more average annual precipitation.
(8)When managed at potential, the land generally requires less than 17 acres to support one animal unit per year.
Property owners of land specified in this subdivision, shall demonstrate that their land falls within the above definition when requested by the city or county.
(c)Land specified in paragraph (2) of subdivision (a) of Section 16142 of the Government Code shall be assessed at the value determined as provided in Section 423, but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 90 percent.
(d)Waterfowl habitat shall be assessed at the value determined as provided in Section 423.7 but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 90 percent.
SEC. 6.Section 480 of the Revenue and Taxation Code is amended to read:480.(a)Whenever there occurs any change in ownership of real property, a manufactured home, or a floating home that is subject to local property taxation and is assessed by the county assessor, the transferee shall file a signed change in ownership statement in the county where the real property, manufactured home, or floating home is located, as provided for in subdivision (c). In the case of a change in ownership where the transferee is not locally assessed, no change in ownership statement is required.
(b)The personal representative shall file a change in ownership statement with the county recorder or assessor in each county in which the decedent owned real property at the time of death that is subject to probate proceedings. The statement shall be filed prior to or at the time the inventory and appraisal is filed with the court clerk. In all other cases in which an interest in real property is transferred by reason of death, including a transfer through the medium of a trust, the change in ownership statement or statements shall be filed by the trustee (if the property was held in trust) or the transferee with the county recorder or assessor in each county in which the decedent owned an interest in real property within 150 days after the date of death.
(c)Except as provided in subdivision (d), the change in ownership statement as required pursuant to subdivision (a) shall be declared to be true under penalty of perjury and shall give that information relative to the real property, manufactured home, or floating home acquisition transaction as the board shall prescribe after consultation with the California Assessors Association. The information shall
include, but not be limited to, a description of the property, the parties to the transaction, the date of acquisition, the amount, if any, of the consideration paid for the property, whether paid in money or otherwise, and the terms of the transaction. The change in ownership statement shall not include any question that is not germane to the assessment function. The statement shall contain a notice informing the transferee of the property tax relief available under Section 69.5. The statement shall contain a notice that is printed, with the title in at least 12-point boldface type and the body in at least 8-point boldface type, in the following form:
Important Notice
The law requires any transferee acquiring an interest in real property, manufactured home, or floating home subject to local property taxation, and that is assessed by the county
assessor, to file a change in ownership statement with the county recorder or assessor. The change in ownership statement must be filed at the time of recording or, if the transfer is not recorded, within 90 days of the date of the change in ownership, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death or, if the estate is probated, shall be filed at the time the inventory and appraisal is filed. The failure to file a change in ownership statement within 90 days from the date a written request is mailed by the assessor results in a penalty of either: (1) one hundred dollars ($100), or (2) 10 percent of the taxes applicable to the new base year value reflecting the change in ownership of the real property, manufactured home, or floating home, whichever is greater, but not to exceed five thousand dollars ($5,000) if the property is eligible for the homeowners exemption or twenty thousand dollars ($20,000) if the
property is not eligible for the homeowners exemption if that failure to file was not willful. This penalty will be added to the assessment roll and shall be collected like any other delinquent property taxes, and be subject to the same penalties for nonpayment.
(d)The change in ownership statement may be attached to or accompany the deed or other document evidencing a change in ownership filed for recording, in which case the notice, declaration under penalty of perjury, and any information contained in the deed or other transfer document otherwise required by subdivision (c) may be omitted.
(e)If the document evidencing a change in ownership is recorded in the county recorders office, then the statement shall be filed with the recorder at the time of recordation. However, the recordation of the deed or other document evidencing a change in ownership shall not be denied or delayed because of the failure to file a change of ownership statement, or filing of an incomplete statement, in accordance with this subdivision. If the document evidencing a change in ownership is not recorded or is recorded without the concurrent filing of a change in ownership statement, then the statement shall be filed with the assessor no later than 90 days from the date the change in ownership occurs, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death or, if the estate is probated, shall be filed at the time the inventory and appraisal is filed.
(f)Whenever a change in ownership statement is filed with the county recorders office, the recorder shall transmit, as soon as possible, the original statement or a true copy thereof to the assessor along with a copy of every recorded document as required by Section 255.7.
(g)(1)The change in ownership statement may be filed with the assessor through the United States mail, properly addressed with the postage prepaid.
(2)A change in ownership statement that is filed with the assessor, as authorized by paragraph (1), shall be deemed filed on either the date of the postmark affixed by the United States Postal Service containing the statement or on the date certified by a bona fide private courier service on the envelope containing the statement.
(h)In the case of a corporation, the change in ownership statement shall be signed either by an officer of the corporation or an employee or agent who has been designated in writing by the board of directors to sign those statements on behalf of the corporation. In the case of a partnership, limited liability company, or other legal entity, the statement shall be signed by an officer, partner, manager, or an employee or agent who has been designated in writing by the partnership, limited liability company, or legal entity.
(i)No person or entity acting for or on behalf of the parties to a transfer of real property shall incur liability for the consequences of assistance rendered to the transferee in preparation of any change in ownership statement, and no action may be brought or maintained against any person or entity as a result of that assistance.
Nothing in this section shall create a duty, either directly or by implication, that the assistance be rendered by any person or entity acting for or on behalf of parties to a transfer of real property.
SEC. 7.Section 482 of the Revenue and Taxation Code is amended to read:482.(a)(1)If a person or legal entity required to file a statement described in Section 480 fails to do so within 90 days from the date a written request is mailed by the assessor, a penalty of either: (A) one hundred dollars ($100), or (B) 10 percent of the taxes applicable to the new base year value reflecting the change in ownership of the real property, manufactured home, or floating home, whichever is greater, but not to exceed five thousand dollars ($5,000) if the property is eligible for the homeowners exemption or twenty thousand dollars ($20,000) if the property is not eligible for the homeowners exemption if the failure to file was not willful, shall, except as otherwise provided in this section, be added to the assessment made on the roll. The penalty shall apply for failure to file a complete change in ownership statement notwithstanding the fact that the assessor determines that no change in ownership has occurred as defined in Chapter 2 (commencing with Section 60) of Part 0.5. The penalty may also be applied if after a request the transferee files an incomplete statement and does not supply the missing information upon a second request.
(2)The assessor shall mail the written request specified in paragraph (1) to the mailing address of the transferee as provided by subdivision (f).
(b)If a person or legal entity required to file a statement described in Section 480.1 or 480.2 fails to do so within 90 days from the earlier of (1) the date of the change in control or the change in ownership of the corporation, partnership, limited liability company, or other legal entity, or (2) the date of a written request by the State Board of Equalization, a penalty of 10 percent of the taxes applicable to the new base year value reflecting the change in control or change in ownership of the real property owned by the corporation, partnership, or legal entity, or 10 percent of the current years taxes on that property if no change in control or change in ownership occurred, shall be added by the county assessor to the assessment made on the roll. The penalty shall apply for failure to file a complete statement with the board notwithstanding the fact that the board determines that no change in control or change in ownership has occurred as defined in subdivision (c) or (d) of Section 64. The penalty may also be applied if after a request the person or legal entity files an incomplete statement and does not supply the missing information upon that second request to complete the statement. That penalty shall be in lieu of the penalty provisions of subdivision (a).
(c)The penalty for failure to file a timely statement pursuant to Sections 480, 480.1, and 480.2 for any one transfer may be imposed only one time, even though the assessor may initiate a request as often as he or she deems necessary.
(d)The penalty shall be added to the roll in the same manner as a special assessment and treated, collected, and subject to the same penalties for the delinquency as all other taxes on the roll in which it is entered.
(1)When the transfer to be reported under this section is of a portion of a property or parcel appearing on the roll during the fiscal year in which the 90-day period expires, the current years taxes shall be prorated so the penalty will be computed on the proportion of property which has transferred.
(2)Any penalty added to the roll pursuant to this section between January 1 and June 30 may be entered either on the unsecured roll or the roll being prepared. After January 1, the penalty may be added to the current roll only with the approval of the tax collector.
(3)If the property is transferred or conveyed to a bona fide purchaser for value or becomes subject to a lien of a bona fide encumbrancer for value after the transfer of ownership resulting in the imposition of the penalty and before the enrollment of the penalty, the penalty shall be entered on the unsecured roll in the name of the transferee whose failure to file the change in ownership statement resulted in the imposition of the penalty.
(e)When a penalty imposed pursuant to this section is entered on the unsecured roll, the tax collector may immediately file a certificate authorized by Section 2191.3.
(f)Notice of any penalty added to either the secured or unsecured roll pursuant to this section, which shall identify the parcel or parcels for which the penalty is assessed, and the written request to file a statement specified in subdivision (a), which shall identify the real property, manufactured home, or floating home for which the statement is required to be filed, shall be mailed by the assessor to the transferee at his or her address contained in any recorded instrument or document evidencing a transfer of an interest in real property, manufactured home, or floating home or the address specified for mailing tax information contained in the preliminary change in ownership report. If the transferee has subsequently notified the assessor of a change in address for mailing tax information, the assessor shall mail the notice of any penalty, or the written request to file a statement specified in subdivision (a), to this address. If there is no address specified for mailing tax information on either the recorded instrument, the document evidencing a transfer of an interest in real property, manufactured home, or floating home or on the filed preliminary change in ownership report, and the transferee has not provided an address for purposes of mailing tax information, the assessor shall mail the notice of any penalty, or the written request to file a statement specified in subdivision (a), to the transferee at any address reasonably known to the assessor.
SEC. 8.Section 2609 of the Revenue and Taxation Code is amended to read:2609.On or before November 1 of each year, the tax collector shall publish a notice specifying:
(a)The dates when taxes on the secured roll will be due.
(b)The times when these taxes will be delinquent.
(c)The penalties and costs for delinquency.
(d)That all taxes may be paid when the first installment is due.
(e)The times and places at which payment of taxes may be made.
SEC. 9.Section 3726 of the Revenue and Taxation Code is amended to read:3726.A defense based on the alleged invalidity or irregularity of any proceeding instituted under this chapter can be maintained only in a proceeding commenced within one year after the date of execution of the tax collectors deed or within one year of the date the board of supervisors determines that a tax deed sold under this part should not be rescinded pursuant to Section 3731, whichever is later.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.
SEC. 11.Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.
(a)(1)Except as provided in subdivision (b), a public retirement system, which has invested assets in real property and improvements thereon for business or residential purposes for the production of income, shall pay annually to the city or county, in whose jurisdiction the real property is located and has been removed from the secured roll, a fee for general governmental services equal to the difference between the amount that would have accrued as real property secured taxes and the amount of possessory interest unsecured taxes paid for that property. The governing bodies of local entities may adopt ordinances and regulations authorizing retirement systems to invest assets in real property subject to the foregoing requirements.
(2)This subdivision shall not apply to any retirement system which is established by a local governmental entity if that entity is presently authorized by statute or ordinance to invest retirement assets in real property.
(3)This subdivision shall not apply to property owned by any state public retirement system.
(b)(1)Whenever a state public retirement system, which has invested assets in real property and improvements thereon for business or residential purposes for the production of income, leases the property, the lease shall provide, pursuant to Section 107.6 of the Revenue and Taxation Code, that the lessees possessory interest may be subject to property taxation and that the party in whom the possessory interest is vested may be subject to the payment of property taxes levied on that interest. The lease shall be valued in accordance with regulations adopted by the State Board of Equalization Section 21 of Title 18 of the California Code of Regulations, as that section was in effect on January 1, 2015, for the valuation of taxable possessory interests.
(2)Except as provided in this subdivision, the property shall be assessed and its taxes computed and collected in the same manner as privately owned property. The lessees possessory interest shall be placed on the unsecured roll and the tax on the possessory interest shall be subject to the collection procedures for unsecured property taxes.
(3)An investment by a state public retirement system in a legal entity that invests assets in real property and improvements thereon shall not constitute an investment by the state public retirement system of assets in real property and improvements thereon. For purposes of this paragraph, legal entity includes, but is not limited to, partnership, joint venture, corporation, trust, or association. When a state public retirement system invests in a legal entity, the state public retirement system shall be deemed to be a person for the purpose of determining a change in ownership under Section 64 of the Revenue and Taxation Code.
(4)Notwithstanding any other provision of law, fees charged pursuant to this section and collected prior to July 1, 1992, shall be deemed valid and not refundable under any circumstance. Notwithstanding any other provision of law, fees, interest and penalties, if any, asserted to be due pursuant to this section that were not charged or collected prior to July 1, 1992, shall be deemed invalid and not collectable under any circumstance.
(5)This subdivision shall apply to the assessment, computation, and collection of taxes for the fiscal year beginning on July 1, 1992, and each fiscal year thereafter. For the 199293 and 199394 fiscal years, in the case where a lessees possessory interest existed for less than the full fiscal year for which the tax was levied, the amount of tax shall be prorated in accordance with the number of months for which the lessees interest existed.
SEC. 2.Section 63.1 of the Revenue and Taxation Code is amended to read:63.1.(a)Notwithstanding any other provision of this chapter, a change in ownership shall not include the following purchases or transfers for which a claim is filed pursuant to this section:
(1)(A)The purchase or transfer of real property which is the principal residence of an eligible transferor in the case of a purchase or transfer between parents and their children.
(B)A purchase or transfer of a principal residence from a foster child to the childs biological parent shall not be excluded under subparagraph (A) if the transferor child received that principal residence, or interest therein, from a foster parent through a purchase or transfer that was excluded under subparagraph (A).
(2)The purchase or transfer of the first one million dollars ($1,000,000) of full cash value of all other real property of an eligible transferor in the case of a purchase or transfer between parents and their children.
(3)(A)Subject to subparagraph (B), the purchase or transfer of real property described in paragraphs (1) and (2) of subdivision (a) occurring on or after March 27, 1996, between grandparents and their grandchild or grandchildren, if all of the parents of that grandchild or those grandchildren, who qualify as the children of the grandparents, are deceased as of the date of purchase or transfer. Notwithstanding any other provision of law, for the lien date for the 200607 fiscal year and each fiscal year thereafter, in determining whether all of the parents of that grandchild or those grandchildren, who qualify as the children of the grandparents, are deceased as of the date of purchase or transfer, a son-in-law or daughter-in-law of the grandparent that is a stepparent to the grandchild need not be deceased on the date of the transfer.
(B)A purchase or transfer of a principal residence shall not be excluded pursuant to subparagraph (A) if the transferee grandchild or grandchildren also received a principal residence, or interest therein, through another purchase or transfer that was excludable pursuant to paragraph (1) of subdivision (a). The full cash value of any real property, other than a principal residence, that was transferred to the grandchild or grandchildren pursuant to a purchase or transfer that was excludable pursuant to paragraph (2) of subdivision (a) and the full cash value of a principal residence that fails to qualify for exclusion as a result of the preceding sentence shall be included in applying, for purposes of paragraph (2) of subdivision (a), the one million dollar ($1,000,000) full cash value limit specified in paragraph (2) of subdivision (a).
(b)(1)For purposes of paragraph (1) of subdivision (a), principal residence means a dwelling that is eligible for a homeowners exemption or a disabled veterans exemption as a result of the transferors ownership and occupation of the dwelling. Principal residence includes only that portion of the land underlying the residence that consists of an area of reasonable size that is used as a site for the residence.
(2)For purposes of paragraph (2) of subdivision (a), the one-million-dollar ($1,000,000) exclusion shall apply separately to each eligible transferor with respect to all purchases by and transfers to eligible transferees on and after November 6, 1986, of real property, other than the principal residence, of that eligible transferor. The exclusion shall not apply to any property in which the eligible transferors interest was received through a transfer, or transfers, excluded from change in ownership by the provisions of either subdivision (f) of Section 62 or subdivision (b) of Section 65, unless the transferor qualifies as an original transferor under subdivision (b) of Section 65. In the case of any purchase or transfer subject to this paragraph involving two or more eligible transferors, the transferors may elect to combine their separate one-million-dollar ($1,000,000) exclusions and, upon making that election, the combined amount of their separate exclusions shall apply to any property jointly sold or transferred by the electing transferors, provided that in no case shall the amount of full cash value of real property of any one eligible transferor excluded under this election exceed the amount of the transferors separate unused exclusion on the date of the joint sale or transfer.
(c)As used in this section:
(1)Purchase or transfer between parents and their children means either a transfer from a parent or parents to a child or children of the parent or parents or a transfer from a child or children to a parent or parents of the child or children. For purposes of this section, the date of any transfer between parents and their children under a will or intestate succession shall be the date of the decedents death, if the decedent died on or after November 6, 1986.
(2)Purchase or transfer of real property between grandparents and their grandchild or grandchildren means a purchase or transfer on or after March 27, 1996, from a grandparent or grandparents to a grandchild or grandchildren if all of the parents of that grandchild or those grandchildren who qualify as the children of the grandparents are deceased as of the date of the transfer. For purposes of this section, the date of any transfer between grandparents and their grandchildren under a will or by intestate succession shall be the date of the decedents death. Notwithstanding any other provision of law, for the lien date for the 200607 fiscal year and each fiscal year thereafter, in determining whether all of the parents of that grandchild or those grandchildren, who qualify as the children of the grandparents, are deceased as of the date of purchase or transfer, a son-in-law or daughter-in-law of the grandparent that is a stepparent to the grandchild need not be deceased on the date of the transfer.
(3)Children means any of the following:
(A)Any child born of the parent or parents, except a child, as defined in subparagraph (D), who has been adopted by another person or persons.
(B)Any stepchild of the parent or parents and the spouse of that stepchild while the relationship of stepparent and stepchild exists. For purposes of this paragraph, the relationship of stepparent and stepchild shall be deemed to exist until the marriage on which the relationship is based is terminated by divorce, or, if the relationship is terminated by death, until the remarriage of the surviving stepparent.
(C)Any son-in-law or daughter-in-law of the parent or parents. For the purposes of this paragraph, the relationship of parent and son-in-law or daughter-in-law shall be deemed to exist until the marriage on which the relationship is based is terminated by divorce, or, if the relationship is terminated by death, until the remarriage of the surviving son-in-law or daughter-in-law.
(D)Any child adopted by the parent or parents pursuant to statute, other than an individual adopted after reaching 18 years of age.
(E)Any foster child of a state-licensed foster parent, if that child was not, because of a legal barrier, adopted by the foster parent or foster parents before the child aged out of the foster care system. For purposes of this paragraph, the relationship between a foster child and foster parent shall be deemed to exist until terminated by death. However, for purposes of a transfer that occurs on the date of death, the relationship shall be deemed to exist on the date of death.
(4)Grandchild or grandchildren means any child or children of the child or children of the grandparent or grandparents.
(5)Full cash value means full cash value, as defined in Section 2 of Article XIIIA of the California Constitution and Section 110.1, with any adjustments authorized by those sections, and the full value of any new construction in progress, determined as of the date immediately prior to the date of a purchase by or transfer to an eligible transferee of real property subject to this section.
(6)Eligible transferor means a grandparent, parent, or child of an eligible transferee.
(7)Eligible transferee means a parent, child, or grandchild of an eligible transferor.
(8)Real property means real property as defined in Section 104. Real property does not include any interest in a legal entity. For purposes of this section, real property includes any of the following:
(A)An interest in a unit or lot within a cooperative housing corporation, as defined in subdivision (i) of Section 61.
(B)A pro rata ownership interest in a mobilehome park, as defined in subdivision (b) of Section 62.1.
(C)A pro rata ownership in a floating home marina, as defined in subdivision (c) of Section 62.5.
(9)Transfer includes, and is not limited to, any transfer of the present beneficial ownership of property from an eligible transferor to an eligible transferee through the medium of an inter vivos or testamentary trust.
(10)Social security number also includes a taxpayer identification number issued by the Internal Revenue Service in the case in which the taxpayer is a foreign national who cannot obtain a social security number.
(d)(1)The exclusions provided for in subdivision (a) shall not be allowed unless the eligible transferee, the transferees legal representative, the trustee of the transferees trust, or the executor or administrator of the transferees estate files a claim with the assessor for the exclusion sought and furnishes to the assessor each of the following:
(A)A written certification by the transferee, the transferees legal representative, the trustee of the transferees trust, or the executor or administrator of the transferees estate, signed and made under penalty of perjury that the transferee is a parent, child, or grandchild of the transferor and that the transferor is his or her parent, child, or grandparent. In the case of a grandparent-grandchild transfer, the written certification shall also include a certification that all the parents of the grandchild or grandchildren who qualify as children of the grandparents were deceased as of the date of the purchase or transfer and that the grandchild or grandchildren did or did not receive a principal residence excludable under paragraph (1) of subdivision (a) from the deceased parents, and that the grandchild or grandchildren did or did not receive real property other than a principal residence excludable under paragraph (2) of subdivision (a) from the deceased parents. The claimant shall provide legal substantiation of any matter certified pursuant to this subparagraph at the request of the county assessor.
(B)A written certification by the transferor, the transferors legal representative, the trustee of the transferors trust, or the executor or administrator of the transferors estate, signed and made under penalty of perjury that the transferor is a grandparent, parent, or child of the transferee and that the transferor is seeking the exclusion under this section and will not file a claim to transfer the base year value of the property under Section 69.5.
(C)A written certification shall also include either or both of the following:
(i)If the purchase or transfer of real property includes the purchase or transfer of residential real property, a certification that the residential real property is or is not the transferors principal residence.
(ii)If the purchase or transfer of real property includes the purchase or transfer of real property other than the transferors principal residence, a certification that other real property of the transferor that is subject to this section has or has not been previously sold or transferred to an eligible transferee, the total amount of full cash value, as defined in subdivision (c), of any real property subject to this section that has been previously sold or transferred by that transferor to eligible transferees, the location of that real property, the social security number of each eligible transferor, and the names of the eligible transferees of that property.
(D)If there are multiple transferees, the certification and signature may be made by any one of the transferees, if both of the following conditions are met:
(i)The transferee has actual knowledge that, and the certification signed by the transferee states that, all of the transferees are eligible transferees within the meaning of this section.
(ii)The certification is signed by the transferee as a true statement made under penalty of perjury.
(E)In the case of a transfer between a foster parent and foster child, the claim filed with the assessor shall include a certified copy of the court decision regarding the foster child status of the individual and a certified statement from the appropriate county agency stating that the foster child was not, because of a legal barrier, adopted by the foster parent or foster parents. Upon a request by the county assessor, the claimant also shall provide to the assessor legal substantiation of any matter certified under this subparagraph.
(2)If the full cash value of the real property purchased by or transferred to the transferee exceeds the permissible exclusion of the transferor or the combined permissible exclusion of the transferors, in the case of a purchase or transfer from two or more joint transferors, taking into account any previous purchases by or transfers to an eligible transferee from the same transferor or transferors, the transferee shall specify in his or her claim the amount and the allocation of the exclusion he or she is seeking. Within any appraisal unit, as determined in accordance with subdivision (d) of Section 51 by the assessor of the county in which the real property is located, the exclusion shall be applied only on a pro rata basis, however, and shall not be applied to a selected portion or portions of the appraisal unit.
(e)(1)The State Board of Equalization shall design the form for claiming eligibility. Except as provided in paragraph (2), any claim under this section shall be filed:
(A)For transfers of real property between parents and their children occurring prior to September 30, 1990, within three years after the date of the purchase or transfer of real property for which the claim is filed.
(B)For transfers of real property between parents and their children occurring on or after September 30, 1990, and for the purchase or transfer of real property between grandparents and their grandchildren occurring on or after March 27, 1996, within three years after the date of the purchase or transfer of real property for which the claim is filed, or prior to transfer of the real property to a third party, whichever is earlier.
(C)Notwithstanding subparagraphs (A) and (B), a claim shall be deemed to be timely filed if it is filed within six months after the date of mailing of a notice of supplemental or escape assessment, issued as a result of the purchase or transfer of real property for which the claim is filed.
(2)In the case in which the real property subject to purchase or transfer has not been transferred to a third party, a claim for exclusion under this section that is filed subsequent to the expiration of the filing periods set forth in paragraph (1) shall be considered by the assessor, subject to all of the following conditions:
(A)Any exclusion granted pursuant to that claim shall apply commencing with the lien date of the assessment year in which the claim is filed.
(B)Under any exclusion granted pursuant to that claim, the adjusted full cash value of the subject real property in the assessment year described in subparagraph (A) shall be the adjusted base year value of the subject real property in the assessment year in which the excluded purchase or transfer took place, factored to the assessment year described in subparagraph (A) for both of the following:
(i)Inflation as annually determined in accordance with paragraph (1) of subdivision (a) of Section 51.
(ii)Any subsequent new construction occurring with respect to the subject real property.
(3)(A)Unless otherwise expressly provided, the provisions of this subdivision shall apply to any purchase or transfer of real property that occurred on or after November 6, 1986.
(B)Paragraph (2) shall apply to purchases or transfers between parents and their children that occurred on or after November 6, 1986, and to purchases or transfers between grandparents and their grandchildren that occurred on or after March 27, 1996.
(4)For purposes of this subdivision, a transfer of real property to a parent or child of the transferor shall not be considered a transfer to a third party.
(f)The assessor may report quarterly to the State Board of Equalization all purchases or transfers, other than purchases or transfers involving a principal residence, for which a claim for exclusion is made pursuant to subdivision (d). Each report shall contain the assessors parcel number for each parcel for which the exclusion is claimed, the amount of each exclusion claimed, the social security number of each eligible transferor, and any other information the board may require in order to monitor the one-million-dollar ($1,000,000) limitation in paragraph (2) of subdivision (a). In recognition of the state and local interests served by the action made optional in this subdivision, the Legislature encourages the assessor to continue taking the action formerly mandated by this subdivision.
(g)This section shall apply to both voluntary transfers and transfers resulting from a court order or judicial decree. Nothing in this subdivision shall be construed as conflicting with paragraph (1) of subdivision (c) or the general principle that transfers by reason of death occur at the time of death.
(h)(1)Except as provided in paragraph (2), this section shall apply to purchases and transfers of real property completed on or after November 6, 1986, and shall not be effective for any change in ownership, including a change in ownership arising on the date of a decedents death, that occurred prior to that date.
(2)This section shall apply to purchases or transfers of real property between grandparents and their grandchildren occurring on or after March 27, 1996, and, with respect to purchases or transfers of real property between grandparents and their grandchildren, shall not be effective for any change in ownership, including a change in ownership arising on the date of a decedents death, that occurred prior to that date.
(i)A claim filed under this section is not a public document and is not subject to public inspection, except that a claim shall be available for inspection by the transferee and the transferor or their respective spouse, the transferees legal representative, the transferors legal representative, the trustee of the transferees trust, the trustee of the transferors trust, and the executor or administrator of the transferees or transferors estate.
(j)(1)If the assessor notifies the transferee in writing of potential eligibility for exclusion from change in ownership under this section, a certified claim for exclusion shall be filed with the assessor within 45 days of the date of the notice of potential eligibility. If a certified claim for exclusion is not filed within 45 days, the assessor may send a second notice of potential eligibility for exclusion, notifying the transferee that a certified claim for exclusion has not been received and that reassessment of the property will commence unless a certified claim for exclusion is filed within 60 days of the date of the second notice of potential eligibility. The second notice of potential eligibility shall indicate whether a certified claim for exclusion that is not filed within 60 days will be subject to a processing fee as provided in paragraph (2).
(2)If a certified claim for exclusion is not filed within 60 days of the date of the second notice of potential eligibility and an eligible transferee subsequently files a claim and qualifies for the exclusion, the assessor may, upon authorization by a county board of supervisors, require an eligible transferee to pay a one-time processing fee, collected at the time the claim is submitted, and reimbursed by the assessor if the claim is ineligible. The fee shall be subject to the provisions of Chapter 12.5 (commencing with Section 54985) of Part 1 of Division 2 of Title 5 of the Government Code and shall not exceed the amount of the actual and reasonable costs incurred by the assessor for reassessment work done due to failure to file the claim for exclusion or one hundred seventy-five dollars ($175), whichever is less.
(3)The failure to file a certified claim for exclusion within the filing periods specified by this subdivision shall not be construed to limit any exclusion from being granted pursuant to a claim filed within the filing periods specified by subdivision (e).
SEC. 3.Section 68 of the Revenue and Taxation Code is amended to read:68.(a)For purposes of Section 2 of Article XIIIA of the Constitution, the term change in ownership shall not include the acquisition of real property as a replacement for comparable property if the person acquiring the real property has been displaced from property in this state by eminent domain proceedings, by acquisition by a public entity, or by governmental action which has resulted in a judgment of inverse condemnation.
The adjusted base year value of the property acquired shall be the lower of the fair market value of the property acquired or the value which is the sum of the following:
(1)The adjusted base year value of the property from which the person was displaced.
(2)The amount, if any, by which the full cash value of the property acquired exceeds 120 percent of the amount received by the person for the property from which the person was displaced.
The provisions of this section shall apply to eminent domain proceedings, acquisitions, or judgments of inverse condemnation after March 1, 1975, and shall affect only those assessments of that property which occur after June 8, 1982.
(b)(1)A person acquiring replacement property shall request assessment under this section. A request made after four years following the date the property was acquired by eminent domain or purchase, or the date the judgment of inverse condemnation becomes final, shall be subject to subdivision (c).
(2)A change in the adjusted base year value of the replacement property acquired, resulting from the application of the provisions of this section, shall be deemed to be effective on the first day of the month following the month in which the property is acquired. The change in value shall be treated as a change in ownership for the purpose of placing supplemental assessments on the supplemental roll pursuant to Chapter 3.5 (commencing with Section 75). The assessor shall, however, appraise the replacement property acquired in accordance with the provisions of this section rather than the provisions of Section 75.10. The provisions of Chapter 3.5 shall be liberally construed in order to provide the benefits of this section and Section 2 of Article XIII A of the California Constitution to affected property owners at the earliest possible date.
(c)A request for assessment under this section that is made after four years following the date the property was acquired by eminent domain or purchase, or the date the judgment of inverse condemnation becomes final, shall apply commencing with the lien date of assessment year in which the request is made. There shall be no refund or cancellation of taxes prior to the date that the request is made. to the lien dates for the last four fiscal years with appropriate roll corrections, refunds, or cancellations. Under an assessment granted pursuant to that request, the assessor shall adjust the base year value of the replacement property acquired in accordance with this section and make adjustments for both of the following:
(1)Inflation, as annually determined in accordance with paragraph (1) of subdivision (a) of Section 51.
(2)Any subsequent new construction occurring with respect to the subject real property.
SEC. 4.Section 401.10 of the Revenue and Taxation Code is amended to read:401.10.(a)Notwithstanding any other law relating to the determination of the values upon which property taxes are based, values for each tax year from the 198485 tax year to the 202021 tax year, inclusive, for intercounty pipeline rights-of-way on publicly or privately owned property, including those rights-of-way that are the subject of a change in ownership, new construction, or any other reappraisable event during the period from March 1, 1975, to June 30, 2021, inclusive, shall be rebuttably presumed to be at full cash value for that year, if all of the following conditions are met:
(1)(A)The full cash value is determined to equal a 197576 base year value, annually adjusted for inflation in accordance with subdivision (b) of Section 2 of Article XIIIA of the California Constitution, and the 197576 base year value was determined in accordance with the following schedule:
(i)Twenty thousand dollars ($20,000) per mile for a high density property.
(ii)Twelve thousand dollars ($12,000) per mile for a transitional density property.
(iii)Nine thousand dollars ($9,000) per mile for a low density property.
(B)For purposes of this section, the density classifications described in subparagraph (A) are defined as follows:
(i)High density means Category 1 (densely urban) as established by the State Board of Equalization.
(ii)Transitional density means Category 2 (urban) as established by the State Board of Equalization.
(iii)Low density means Category 3 (valley-agricultural), Category 4 (grazing), and Category 5 (mountain and desert) as established by the State Board of Equalization.
(2)The full cash value is determined utilizing the same property density classifications that were assigned to the property by the State Board of Equalization for the 198485 tax year or, if density classifications were not so assigned to the property for the 198485 tax year, the density classifications that were first assigned to the property by the board for a subsequent tax year.
(3)(A)If a taxpayer owns multiple pipelines in the same right-of-way, an additional 50 percent of the value attributed to the right-of-way for the presence of the first pipeline, as determined under paragraphs (1) and (2), shall be added for the presence of each additional pipeline up to a maximum of two additional pipelines. For any particular taxpayer, the total valuation for a multiple pipeline right-of-way shall not exceed 200 percent of the value determined for the right-of-way of the first pipeline in the right-of-way in accordance with paragraphs (1) and (2).
(B)If the State Board of Equalization has determined that an intercounty pipeline, located within a multiple pipeline right-of-way previously valued in accordance with subparagraph (A), has been abandoned as a result of physical removal or blockage, the assessed value of the right-of-way attributable to the last pipeline enrolled in accordance with subparagraph (A) shall be reduced by not less than 75 percent of that increase in assessed value that resulted from the application of subparagraph (A).
(4)If all pipelines of a taxpayer located within the same pipeline right-of-way, previously valued in accordance with this section, are determined by the State Board of Equalization to have been abandoned as the result of physical removal or blockage, the assessed value of that right-of-way to that taxpayer shall be determined to be no more than 25 percent of the assessed value otherwise determined for the right-of-way for a single pipeline of that taxpayer pursuant to paragraphs (1) and (2).
(b)If the assessor assigns values for any tax year from the 198485 tax year to the 202021 tax year, inclusive, in accordance with the methodology specified in subdivision (a), the taxpayers right to assert any challenge to the right to assess that property, whether in an administrative or judicial proceeding, shall be deemed to have been raised and resolved for that tax year and the values determined in accordance with that methodology shall be rebuttably presumed to be correct. If the assessor assigns values for any tax year from the 198485 tax year to the 202021 tax year, inclusive, in accordance with the methodology specified in subdivision (a), any pending taxpayer lawsuit that challenges the right to assess the property shall be dismissed by the taxpayer with prejudice as it applies to intercounty pipeline rights-of-way.
(c)Notwithstanding any change in ownership, new construction, or decline in value occurring after March 1, 1975, if the assessor assigns values for rights-of-way for any tax year from the 198485 tax year to the 202021 tax year, inclusive, in accordance with the methodology specified in subdivision (a), the taxpayer may not challenge the right to assess that property and the values determined in accordance with that methodology shall be rebuttably presumed to be correct for that property for that tax year.
(d)Notwithstanding any change in ownership, new construction, or decline in value occurring after March 1, 1975, if the assessor does not assign values for rights-of-way for any tax year from the 198485 tax year to the 202021 tax year, inclusive, at the 197576 base year values specified in subdivision (a), any assessed value that is determined on the basis of valuation standards that differ, in whole or in part, from those valuation standards set forth in subdivision (a) shall not benefit from any presumption of correctness, and the taxpayer may challenge the right to assess that property or the values for that property for that tax year. As used herein, a challenge to the right to assess shall include any assessment appeal, claim for refund, or lawsuit asserting any right, remedy, or cause of action relating to or arising from, but not limited to, the following or similar contentions:
(1)That the value of the right-of-way is included in the value of the underlying fee or railroad right-of-way.
(2)That assessment of the value of the right-of-way to the owner of the pipeline would result in double assessment.
(3)That the value of the right-of-way may not be assessed to the owner of the pipeline separately from the assessment of the value of the underlying fee.
(e)Notwithstanding any other provision of law, during a four-year period commencing on January 1, 1996, the assessor may issue an escape assessment in accordance with the specific valuation standards set forth in subdivision (a) for the following taxpayers and tax years:
(1)Any intercounty pipeline right-of-way taxpayer who was a plaintiff in Southern Pacific Pipe Lines, Inc. v. State Board of Equalization (1993) 14 Cal.App.4th 42, for the tax years 198485 to 199697, inclusive.
(2)Any intercounty pipeline right-of-way taxpayer who was not a plaintiff in Southern Pacific Pipe Lines, Inc. v. State Board of Equalization (1993) 14 Cal.App.4th 42, for the tax years 198990 to 199697, inclusive.
(f)Any escape assessment levied under subdivision (e) shall not be subject to penalties or interest under the provisions of Section 532. If payment of any taxes due under this section is made within 45 days of demand by the tax collector for payment, the county shall not impose any late payment penalty or interest. Taxes not paid within 45 days of demand by the tax collector shall become delinquent at that time. If the tax thereon remains unpaid at the time set for declaration of default for delinquent taxes, the tax together with any penalty and costs as may have accrued thereon while on the secured roll shall be transferred to the unsecured roll.
(g)For purposes of this section, intercounty pipeline right-of-way means, except as otherwise provided in this subdivision, any interest in publicly or privately owned real property through which or over which an intercounty pipeline is placed. However, intercounty pipeline right-of-way does not include any parcel or facility that the State Board of Equalization originally separately assessed using a valuation method other than the multiplication of pipeline length within a subject property by a unit value determined in accordance with the density category of that subject property.
(h)This section shall remain in effect only until January 1, 2022, and, as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 5.Section 423.3 of the Revenue and Taxation Code is amended to read:423.3.Any city or county may allow land subject to an enforceable restriction under the Williamson Act or a migratory waterfowl habitat contract to be assessed in accordance with one or more of the following:
(a)Land specified in paragraph (1) of subdivision (a) of Section 16142 of the Government Code shall be assessed at the value determined as provided in Section 423, but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 70 percent.
(b)Prime commercial rangeland shall be assessed at the value determined as provided in Section 423, but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 80 percent.
For purposes of this subdivision, prime commercial rangeland means rangeland which meets all of the following physical-chemical parameters:
(1)Soil depth of 12 inches or more.
(2)Soil texture of fine sandy loam to clay.
(3)Soil permeability of rapid to slow.
(4)Soil with at least 2.5 inches of available water holding capacity in profile.
(5)A slope of less than 30 percent.
(6)A climate with 80 or more frost-free days per year.
(7)Ten inches or more average annual precipitation.
(8)When managed at potential, the land generally requires less than 17 acres to support one animal unit per year.
Property owners of land specified in this subdivision, shall demonstrate that their land falls within the above definition when requested by the city or county.
(c)Land specified in paragraph (2) of subdivision (a) of Section 16142 of the Government Code shall be assessed at the value determined as provided in Section 423, but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 90 percent.
(d)Waterfowl habitat shall be assessed at the value determined as provided in Section 423.7 but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 90 percent.
SEC. 6.Section 480 of the Revenue and Taxation Code is amended to read:480.(a)Whenever there occurs any change in ownership of real property, a manufactured home, or a floating home that is subject to local property taxation and is assessed by the county assessor, the transferee shall file a signed change in ownership statement in the county where the real property, manufactured home, or floating home is located, as provided for in subdivision (c). In the case of a change in ownership where the transferee is not locally assessed, no change in ownership statement is required.
(b)The personal representative shall file a change in ownership statement with the county recorder or assessor in each county in which the decedent owned real property at the time of death that is subject to probate proceedings. The statement shall be filed prior to or at the time the inventory and appraisal is filed with the court clerk. In all other cases in which an interest in real property is transferred by reason of death, including a transfer through the medium of a trust, the change in ownership statement or statements shall be filed by the trustee (if the property was held in trust) or the transferee with the county recorder or assessor in each county in which the decedent owned an interest in real property within 150 days after the date of death.
(c)Except as provided in subdivision (d), the change in ownership statement as required pursuant to subdivision (a) shall be declared to be true under penalty of perjury and shall give that information relative to the real property, manufactured home, or floating home acquisition transaction as the board shall prescribe after consultation with the California Assessors
Association. The information shall include, but not be limited to, a description of the property, the parties to the transaction, the date of acquisition, the amount, if any, of the consideration paid for the property, whether paid in money or otherwise, and the terms of the transaction. The change in ownership statement shall not include any question that is not germane to the assessment function. The statement shall contain a notice informing the transferee of the property tax relief available under Section 69.5. The statement shall contain a notice that is printed, with the title in at least 12-point boldface type and the body in at least 8-point boldface type, in the following form:
Important Notice
The law requires any
transferee acquiring an interest in real
property, manufactured home, or floating home subject to local property taxation, and that is assessed by the county assessor, to file a change in ownership statement with the county recorder or assessor. The change in ownership statement must be filed at the time of recording or, if the transfer is not recorded, within 90 days of the date of the change in ownership, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death or, if the estate is probated, shall be filed at the time the inventory and appraisal is filed. The failure to file a change in ownership statement within 90 days from the date a written request is mailed by the assessor results in a penalty of either: (1) one hundred dollars ($100), or (2) 10 percent of the taxes applicable to the new base year value reflecting the change in ownership
of the real
property, manufactured home, or floating home, whichever is greater, but not to exceed five thousand dollars ($5,000) if the property is eligible for the homeowners exemption or twenty thousand dollars ($20,000) if the property is not eligible for the homeowners exemption if that failure to file was not willful. This penalty will be added to the assessment roll and shall be collected like any other delinquent property taxes, and be subject to the same penalties for nonpayment.
(d)The change in ownership statement may be attached to or accompany the deed or other document evidencing a change in ownership filed for recording, in which case the notice, declaration under penalty of perjury, and any information contained in the deed or other transfer document otherwise required by subdivision (c) may be omitted.
(e)If the document evidencing a change in ownership is recorded in the county recorders office, then the statement shall be filed with the recorder at the time of recordation. However, the recordation of the deed or other document evidencing a change in ownership shall not be denied or delayed because of the failure to file a change of ownership statement, or filing of an incomplete statement, in accordance with this subdivision. If the document evidencing a change in ownership is not recorded or is recorded without the concurrent filing of a change in ownership statement, then the statement shall be filed with the assessor no later than 90 days from the date the change in ownership occurs, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death or, if the estate is probated, shall be filed at the time the inventory and appraisal is filed.
(f)Whenever a change in ownership statement is filed with the county recorders office, the recorder shall transmit, as soon as possible, the original statement or a true copy thereof to the assessor along with a copy of every recorded document as required by Section 255.7.
(g)(1)The change in ownership statement may be filed with the assessor through the United States mail, properly addressed with the postage prepaid.
(2)A change in ownership statement that is filed with the assessor, as authorized by paragraph (1), shall be deemed filed on either the date of the postmark affixed by the United States Postal Service containing the statement or on the date certified by a bona fide private courier service on the envelope containing the statement.
(h)In the case of a corporation, the change in ownership statement shall be signed either by an officer of the corporation or an employee or agent who has been designated in writing by the board of directors to sign those statements on behalf of the corporation. In the case of a partnership, limited liability company, or other legal entity, the statement shall be signed by an officer, partner, manager, or an employee or agent who has been designated in writing by the partnership, limited liability company, or legal entity.
(i)No person or entity acting for or on behalf of the parties to a transfer of real property shall incur liability for the consequences of assistance rendered to the transferee in preparation of any change in ownership statement, and no action may be brought or maintained against any person or entity as a result of that assistance.
Nothing in this section shall create a duty, either directly or by implication, that the assistance be rendered by any person or entity acting for or on behalf of parties to a transfer of real property.
SEC. 7.Section 482 of the Revenue and Taxation Code is amended to read:482.(a)(1)If a person or legal entity required to file a statement described in Section 480 fails to do so within 90 days from the date a written request is mailed by the assessor, a penalty of either: (A) one hundred dollars ($100), or (B) 10 percent of the taxes applicable to the new base year value reflecting the change in ownership of the real property, manufactured home, or floating home, whichever is greater, but not to exceed five thousand dollars ($5,000) if the property is eligible for the homeowners exemption or twenty thousand dollars ($20,000) if the property is not eligible for the homeowners exemption if the failure to file was not willful, shall, except as otherwise provided in this section, be added to the assessment made on the roll. The penalty shall apply for failure to file a complete change in ownership statement notwithstanding the fact that the assessor determines that no change in ownership has occurred as defined in Chapter 2 (commencing with Section 60) of Part 0.5. The penalty may also be applied if after a request the transferee files an incomplete statement and does not supply the missing information upon a second request.
(2)The assessor shall mail the written request specified in paragraph (1) to the mailing address of the transferee as provided by subdivision (f).
(b)If a person or legal entity required to file a statement described in Section 480.1 or 480.2 fails to do so within 90 days from the earlier of (1) the date of the change in control or the change in ownership of the corporation, partnership, limited liability company, or other legal entity, or (2) the date of a written request by the State Board of Equalization, a penalty of 10 percent of the taxes applicable to the new base year value reflecting the change in control or change in ownership of the real property owned by the corporation, partnership, or legal entity, or 10 percent of the current years taxes on that property if no change in control or change in ownership occurred, shall be added by the county assessor to the assessment made on the roll. The penalty shall apply for failure to file a complete statement with the board notwithstanding the fact that the board determines that no change in control or change in ownership has occurred as defined in subdivision (c) or (d) of Section 64. The penalty may also be applied if after a request the person or legal entity files an incomplete statement and does not supply the missing information upon that second request to complete the statement. That penalty shall be in lieu of the penalty provisions of subdivision (a).
(c)The penalty for failure to file a timely statement pursuant to Sections 480, 480.1, and 480.2 for any one transfer may be imposed only one time, even though the assessor may initiate a request as often as he or she deems necessary.
(d)The penalty shall be added to the roll in the same manner as a special assessment and treated, collected, and subject to the same penalties for the delinquency as all other taxes on the roll in which it is entered.
(1)When the transfer to be reported under this section is of a portion of a property or parcel appearing on the roll during the fiscal year in which the 90-day period expires, the current years taxes shall be prorated so the penalty will be computed on the proportion of property which has transferred.
(2)Any penalty added to the roll pursuant to this section between January 1 and June 30 may be entered either on the unsecured roll or the roll being prepared. After January 1, the penalty may be added to the current roll only with the approval of the tax collector.
(3)If the property is transferred or conveyed to a bona fide purchaser for value or becomes subject to a lien of a bona fide encumbrancer for value after the transfer of ownership resulting in the imposition of the penalty and before the enrollment of the penalty, the penalty shall be entered on the unsecured roll in the name of the transferee whose failure to file the change in ownership statement resulted in the imposition of the penalty.
(e)When a penalty imposed pursuant to this section is entered on the unsecured roll, the tax collector may immediately file a certificate authorized by Section 2191.3.
(f)Notice of any penalty added to either the secured or unsecured roll pursuant to this section, which shall identify the parcel or parcels for which the penalty is assessed, and the written request to file a statement specified in subdivision (a), which shall identify the real property, manufactured home, or floating home for which the statement is required to be filed, shall be mailed by the assessor to the transferee at his or her address contained in any recorded instrument or document evidencing a transfer of an interest in real property, manufactured home, or floating home or the address specified for mailing tax information contained in the preliminary change in ownership report. If the transferee has subsequently notified the assessor of a change in address for mailing tax information, the assessor shall mail the notice of any penalty, or the written request to file a statement specified in subdivision (a), to this address. If there is no address specified for mailing tax information on either the recorded instrument, the document evidencing a transfer of an interest in real property, manufactured home, or floating home or on the filed preliminary change in ownership report, and the transferee has not provided an address for purposes of mailing tax information, the assessor shall mail the notice of any penalty, or the written request to file a statement specified in subdivision (a), to the transferee at any address reasonably known to the assessor.
SEC. 8.Section 2609 of the Revenue and Taxation Code is amended to read:2609.On or before November 1 of each year, the tax collector shall publish a notice specifying:
(a)The dates when taxes on the secured roll will be due.
(b)The times when these taxes will be delinquent.
(c)The penalties and costs for delinquency.
(d)That all taxes may be paid when the first installment is due.
(e)The times and places at which payment of taxes may be made.
SEC. 9.Section 3726 of the Revenue and Taxation Code is amended to read:3726.A defense based on the alleged invalidity or irregularity of any proceeding instituted under this chapter can be maintained only in a proceeding commenced within one year after the date of execution of the tax collectors deed or within one year of the date the board of supervisors determines that a tax deed sold under this part should not be rescinded pursuant to Section 3731, whichever is later.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.
SEC. 11.Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.
(a)(1)Except as provided in subdivision (b), a public retirement system, which has invested assets in real property and improvements thereon for business or residential purposes for the production of income, shall pay annually to the city or county, in whose jurisdiction the real property is located and has been removed from the secured roll, a fee for general governmental services equal to the difference between the amount that would have accrued as real property secured taxes and the amount of possessory interest unsecured taxes paid for that property. The governing bodies of local entities may adopt ordinances and regulations authorizing retirement systems to invest assets in real property subject to the foregoing requirements.
(2)This subdivision shall not apply to any retirement system which is established by a local governmental entity if that entity is presently authorized by statute or ordinance to invest retirement assets in real property.
(3)This subdivision shall not apply to property owned by any state public retirement system.
(b)(1)Whenever a state public retirement system, which has invested assets in real property and improvements thereon for business or residential purposes for the production of income, leases the property, the lease shall provide, pursuant to Section 107.6 of the Revenue and Taxation Code, that the lessees possessory interest may be subject to property taxation and that the party in whom the possessory interest is vested may be subject to the payment of property taxes levied on that interest. The lease shall be valued in accordance with regulations adopted by the State Board of Equalization for the valuation of taxable possessory interests.
(2)Except as provided in this subdivision, the property shall be assessed and its taxes computed and collected in the same manner as privately owned property. The lessees possessory interest shall be placed on the unsecured roll and the tax on the possessory interest shall be subject to the collection procedures for unsecured property taxes.
(3)An investment by a state public retirement system in a legal entity that invests assets in real property and improvements thereon shall not constitute an investment by the state public retirement system of assets in real property and improvements thereon. For purposes of this paragraph, legal entity includes, but is not limited to, partnership, joint venture, corporation, trust, or association. When a state public retirement system invests in a legal entity, the state public retirement system shall be deemed to be a person for the purpose of determining a change in ownership under Section 64 of the Revenue and Taxation Code.
(4)Notwithstanding any other provision of law, fees charged pursuant to this section and collected prior to July 1, 1992, shall be deemed valid and not refundable under any circumstance. Notwithstanding any other provision of law, fees, interest and penalties, if any, asserted to be due pursuant to this section that were not charged or collected prior to July 1, 1992, shall be deemed invalid and not collectable under any circumstance.
(5)This subdivision shall apply to the assessment, computation, and collection of taxes for the fiscal year beginning on July 1, 1992, and each fiscal year thereafter. For the 199293 and 199394 fiscal years, in the case where a lessees possessory interest existed for less than the full fiscal year for which the tax was levied, the amount of tax shall be prorated in accordance with the number of months for which the lessees interest existed.
SEC. 2.Section 63.1 of the Revenue and Taxation Code is amended to read:63.1.(a)Notwithstanding any other provision of this chapter, a change in ownership shall not include the following purchases or transfers for which a claim is filed pursuant to this section:
(1)(A)The purchase or transfer of real property which is the principal residence of an eligible transferor in the case of a purchase or transfer between parents and their children.
(B)A purchase or transfer of a principal residence from a foster child to the childs biological parent shall not be excluded under subparagraph (A) if the transferor child received that principal residence, or interest therein, from a foster parent through a purchase or transfer that was excluded under subparagraph (A).
(2)The purchase or transfer of the first one million dollars ($1,000,000) of full cash value of all other real property of an eligible transferor in the case of a purchase or transfer between parents and their children.
(3)(A)Subject to subparagraph (B), the purchase or transfer of real property described in paragraphs (1) and (2) of subdivision (a) occurring on or after March 27, 1996, between grandparents and their grandchild or grandchildren, if all of the parents of that grandchild or those grandchildren, who qualify as the children of the grandparents, are deceased as of the date of purchase or transfer. Notwithstanding any other provision of law, for the lien date for the 200607 fiscal year and each fiscal year thereafter, in determining whether all of the parents of that grandchild or those grandchildren, who qualify as the children of the grandparents, are deceased as of the date of purchase or transfer, a son-in-law or daughter-in-law of the grandparent that is a stepparent to the grandchild need not be deceased on the date of the transfer.
(B)A purchase or transfer of a principal residence shall not be excluded pursuant to subparagraph (A) if the transferee grandchild or grandchildren also received a principal residence, or interest therein, through another purchase or transfer that was excludable pursuant to paragraph (1) of subdivision (a). The full cash value of any real property, other than a principal residence, that was transferred to the grandchild or grandchildren pursuant to a purchase or transfer that was excludable pursuant to paragraph (2) of subdivision (a) and the full cash value of a principal residence that fails to qualify for exclusion as a result of the preceding sentence shall be included in applying, for purposes of paragraph (2) of subdivision (a), the one million dollar ($1,000,000) full cash value limit specified in paragraph (2) of subdivision (a).
(b)(1)For purposes of paragraph (1) of subdivision (a), principal residence means a dwelling that is eligible for a homeowners exemption or a disabled veterans exemption as a result of the transferors ownership and occupation of the dwelling. Principal residence includes only that portion of the land underlying the residence that consists of an area of reasonable size that is used as a site for the residence.
(2)For purposes of paragraph (2) of subdivision (a), the one-million-dollar ($1,000,000) exclusion shall apply separately to each eligible transferor with respect to all purchases by and transfers to eligible transferees on and after November 6, 1986, of real property, other than the principal residence, of that eligible transferor. The exclusion shall not apply to any property in which the eligible transferors interest was received through a transfer, or transfers, excluded from change in ownership by the provisions of either subdivision (f) of Section 62 or subdivision (b) of Section 65, unless the transferor qualifies as an original transferor under subdivision (b) of Section 65. In the case of any purchase or transfer subject to this paragraph involving two or more eligible transferors, the transferors may elect to combine their separate one-million-dollar ($1,000,000) exclusions and, upon making that election, the combined amount of their separate exclusions shall apply to any property jointly sold or transferred by the electing transferors, provided that in no case shall the amount of full cash value of real property of any one eligible transferor excluded under this election exceed the amount of the transferors separate unused exclusion on the date of the joint sale or transfer.
(c)As used in this section:
(1)Purchase or transfer between parents and their children means either a transfer from a parent or parents to a child or children of the parent or parents or a transfer from a child or children to a parent or parents of the child or children. For purposes of this section, the date of any transfer between parents and their children under a will or intestate succession shall be the date of the decedents death, if the decedent died on or after November 6, 1986.
(2)Purchase or transfer of real property between grandparents and their grandchild or grandchildren means a purchase or transfer on or after March 27, 1996, from a grandparent or grandparents to a grandchild or grandchildren if all of the parents of that grandchild or those grandchildren who qualify as the children of the grandparents are deceased as of the date of the transfer. For purposes of this section, the date of any transfer between grandparents and their grandchildren under a will or by intestate succession shall be the date of the decedents death. Notwithstanding any other provision of law, for the lien date for the 200607 fiscal year and each fiscal year thereafter, in determining whether all of the parents of that grandchild or those grandchildren, who qualify as the children of the grandparents, are deceased as of the date of purchase or transfer, a son-in-law or daughter-in-law of the grandparent that is a stepparent to the grandchild need not be deceased on the date of the transfer.
(3)Children means any of the following:
(A)Any child born of the parent or parents, except a child, as defined in subparagraph (D), who has been adopted by another person or persons.
(B)Any stepchild of the parent or parents and the spouse of that stepchild while the relationship of stepparent and stepchild exists. For purposes of this paragraph, the relationship of stepparent and stepchild shall be deemed to exist until the marriage on which the relationship is based is terminated by divorce, or, if the relationship is terminated by death, until the remarriage of the surviving stepparent.
(C)Any son-in-law or daughter-in-law of the parent or parents. For the purposes of this paragraph, the relationship of parent and son-in-law or daughter-in-law shall be deemed to exist until the marriage on which the relationship is based is terminated by divorce, or, if the relationship is terminated by death, until the remarriage of the surviving son-in-law or daughter-in-law.
(D)Any child adopted by the parent or parents pursuant to statute, other than an individual adopted after reaching the age of 18 years. 18 years of age.
(E)Any foster child of a state-licensed foster parent, if that child was not, because of a legal barrier, adopted by the foster parent or foster parents before the child aged out of the foster care system. For purposes of this paragraph, the relationship between a foster child and foster parent shall be deemed to exist until terminated by death. However, for purposes of a transfer that occurs on the date of death, the relationship shall be deemed to exist on the date of death.
(4)Grandchild or grandchildren means any child or children of the child or children of the grandparent or grandparents.
(5)Full cash value means full cash value, as defined in Section 2 of Article XIIIA of the California Constitution and Section 110.1, with any adjustments authorized by those sections, and the full value of any new construction in progress, determined as of the date immediately prior to the date of a purchase by or transfer to an eligible transferee of real property subject to this section.
(6)Eligible transferor means a grandparent, parent, or child of an eligible transferee.
(7)Eligible transferee means a parent, child, or grandchild of an eligible transferor.
(8)Real property means real property as defined in Section 104. Real property does not include any interest in a legal entity. For purposes of this section, real property includes any of the following:
(A)An interest in a unit or lot within a cooperative housing corporation, as defined in subdivision (i) of Section 61.
(B)A pro rata ownership interest in a mobilehome park, as provided defined in subdivision (b) of Section 62.1.
(C)A pro rata ownership in a floating home marina, as provided defined in subdivision (b) (c) of Section 62.5.
(9)Transfer includes, and is not limited to, any transfer of the present beneficial ownership of property from an eligible transferor to an eligible transferee through the medium of an inter vivos or testamentary trust.
(10)Social security number also includes a taxpayer identification number issued by the Internal Revenue Service in the case in which the taxpayer is a foreign national who cannot obtain a social security number.
(d)(1)The exclusions provided for in subdivision (a) shall not be allowed unless the eligible transferee, the transferees legal representative, the trustee of the transferees trust, or the executor or administrator of the transferees estate files a claim with the assessor for the exclusion sought and furnishes to the assessor each of the following:
(A)A written certification by the transferee, the transferees legal representative, the trustee of the transferees trust, or the executor or administrator of the transferees estate, signed and made under penalty of perjury that the transferee is a parent, child, or grandchild of the transferor and that the transferor is his or her parent, child, or grandparent. In the case of a grandparent-grandchild transfer, the written certification shall also include a certification that all the parents of the grandchild or grandchildren who qualify as children of the grandparents were deceased as of the date of the purchase or transfer and that the grandchild or grandchildren did or did not receive a principal residence excludable under paragraph (1) of subdivision (a) from the deceased parents, and that the grandchild or grandchildren did or did not receive real property other than a principal residence excludable under paragraph (2) of subdivision (a) from the deceased parents. The claimant shall provide legal substantiation of any matter certified pursuant to this subparagraph at the request of the county assessor.
(B)A written certification by the transferor, the transferors legal representative, the trustee of the transferors trust, or the executor or administrator of the transferors estate, signed and made under penalty of perjury that the transferor is a grandparent, parent, or child of the transferee and that the transferor is seeking the exclusion under this section and will not file a claim to transfer the base year value of the property under Section 69.5.
(C)A written certification shall also include either or both of the following:
(i)If the purchase or transfer of real property includes the purchase or transfer of residential real property, a certification that the residential real property is or is not the transferors principal residence.
(ii)If the purchase or transfer of real property includes the purchase or transfer of real property other than the transferors principal residence, a certification that other real property of the transferor that is subject to this section has or has not been previously sold or transferred to an eligible transferee, the total amount of full cash value, as defined in subdivision (c), of any real property subject to this section that has been previously sold or transferred by that transferor to eligible transferees, the location of that real property, the social security number of each eligible transferor, and the names of the eligible transferees of that property.
(D)If there are multiple transferees, the certification and signature may be made by any one of the transferees, if both of the following conditions are met:
(i)The transferee has actual knowledge that, and the certification signed by the transferee states that, all of the transferees are eligible transferees within the meaning of this section.
(ii)The certification is signed by the transferee as a true statement made under penalty of perjury.
(E)In the case of a transfer between a foster parent and foster child, the claim filed with the assessor shall include a certified copy of the court decision regarding the foster child status of the individual and a certified statement from the appropriate county agency stating that the foster child was not, because of a legal barrier, adopted by the foster parent or foster parents. Upon a request by the county assessor, the claimant also shall provide to the assessor legal substantiation of any matter certified under this subparagraph.
(2)If the full cash value of the real property purchased by or transferred to the transferee exceeds the permissible exclusion of the transferor or the combined permissible exclusion of the transferors, in the case of a purchase or transfer from two or more joint transferors, taking into account any previous purchases by or transfers to an eligible transferee from the same transferor or transferors, the transferee shall specify in his or her claim the amount and the allocation of the exclusion he or she is seeking. Within any appraisal unit, as determined in accordance with subdivision (d) of Section 51 by the assessor of the county in which the real property is located, the exclusion shall be applied only on a pro rata basis, however, and shall not be applied to a selected portion or portions of the appraisal unit.
(e)(1)The State Board of Equalization shall design the form for claiming eligibility. Except as provided in paragraph (2), any claim under this section shall be filed:
(A)For transfers of real property between parents and their children occurring prior to September 30, 1990, within three years after the date of the purchase or transfer of real property for which the claim is filed.
(B)For transfers of real property between parents and their children occurring on or after September 30, 1990, and for the purchase or transfer of real property between grandparents and their grandchildren occurring on or after March 27, 1996, within three years after the date of the purchase or transfer of real property for which the claim is filed, or prior to transfer of the real property to a third party, whichever is earlier.
(C)Notwithstanding subparagraphs (A) and (B), a claim shall be deemed to be timely filed if it is filed within six months after the date of mailing of a notice of supplemental or escape assessment, issued as a result of the purchase or transfer of real property for which the claim is filed.
(2)In the case in which the real property subject to purchase or transfer has not been transferred to a third party, a claim for exclusion under this section that is filed subsequent to the expiration of the filing periods set forth in paragraph (1) shall be considered by the assessor, subject to all of the following conditions:
(A)Any exclusion granted pursuant to that claim shall apply commencing with the lien date of the assessment year in which the claim is filed.
(B)Under any exclusion granted pursuant to that claim, the adjusted full cash value of the subject real property in the assessment year described in subparagraph (A) shall be the adjusted base year value of the subject real property in the assessment year in which the excluded purchase or transfer took place, factored to the assessment year described in subparagraph (A) for both of the following:
(i)Inflation as annually determined in accordance with paragraph (1) of subdivision (a) of Section 51.
(ii)Any subsequent new construction occurring with respect to the subject real property.
(3)(A)Unless otherwise expressly provided, the provisions of this subdivision shall apply to any purchase or transfer of real property that occurred on or after November 6, 1986.
(B)Paragraph (2) shall apply to purchases or transfers between parents and their children that occurred on or after November 6, 1986, and to purchases or transfers between grandparents and their grandchildren that occurred on or after March 27, 1996.
(4)For purposes of this subdivision, a transfer of real property to a parent or child of the transferor shall not be considered a transfer to a third party.
(f)The assessor may report quarterly to the State Board of Equalization all purchases or transfers, other than purchases or transfers involving a principal residence, for which a claim for exclusion is made pursuant to subdivision (d). Each report shall contain the assessors parcel number for each parcel for which the exclusion is claimed, the amount of each exclusion claimed, the social security number of each eligible transferor, and any other information the board may require in order to monitor the one-million-dollar ($1,000,000) limitation in paragraph (2) of subdivision (a). In recognition of the state and local interests served by the action made optional in this subdivision, the Legislature encourages the assessor to continue taking the action formerly mandated by this subdivision.
(g)This section shall apply to both voluntary transfers and transfers resulting from a court order or judicial decree. Nothing in this subdivision shall be construed as conflicting with paragraph (1) of subdivision (c) or the general principle that transfers by reason of death occur at the time of death.
(h)(1)Except as provided in paragraph (2), this section shall apply to purchases and transfers of real property completed on or after November 6, 1986, and shall not be effective for any change in ownership, including a change in ownership arising on the date of a decedents death, that occurred prior to that date.
(2)This section shall apply to purchases or transfers of real property between grandparents and their grandchildren occurring on or after March 27, 1996, and, with respect to purchases or transfers of real property between grandparents and their grandchildren, shall not be effective for any change in ownership, including a change in ownership arising on the date of a decedents death, that occurred prior to that date.
(i)A claim filed under this section is not a public document and is not subject to public inspection, except that a claim shall be available for inspection by the transferee and the transferor or their respective spouse, the transferees legal representative, the transferors legal representative, the trustee of the transferees trust, the trustee of the transferors trust, and the executor or administrator of the transferees or transferors estate.
(j)(1)If the assessor notifies the transferee in writing of potential eligibility for exclusion from change in ownership under this section, a certified claim for exclusion shall be filed with the assessor within 45 days of the date of the notice of potential eligibility. If a certified claim for exclusion is not filed within 45 days, the assessor may send a second notice of potential eligibility for exclusion, notifying the transferee that a certified claim for exclusion has not been received and that reassessment of the property will commence unless a certified claim for exclusion is filed within 60 days of the date of the second notice of potential eligibility. The second notice of potential eligibility shall indicate whether a certified claim for exclusion that is not filed within 60 days will be subject to a processing fee as provided in paragraph (2).
(2)If a certified claim for exclusion is not filed within 60 days of the date of the second notice of potential eligibility and an eligible transferee subsequently files a claim and qualifies for the exclusion, the assessor may, upon authorization by a county board of supervisors, require an eligible transferee to pay a one-time processing fee, collected at the time the claim is submitted, and reimbursed by the assessor if the claim is ineligible. The fee shall be subject to the provisions of Chapter 12.5 (commencing with Section 54985) of Part 1 of Division 2 of Title 5 of the Government Code and shall not exceed the amount of the actual and reasonable costs incurred by the assessor for reassessment work done due to failure to file the claim for exclusion or one hundred seventy-five dollars ($175), whichever is less.
(3)The failure to file a certified claim for exclusion within the filing periods specified by this subdivision shall not be construed to limit any exclusion from being granted pursuant to a claim filed within the filing periods specified by subdivision (e).
SEC. 3.Section 68 of the Revenue and Taxation Code is amended to read:68.(a)For purposes of Section 2 of Article XIIIA of the Constitution, the term change in ownership shall not include the acquisition of real property as a replacement for comparable property if the person acquiring the real property has been displaced from property in this state by eminent domain proceedings, by acquisition by a public entity, or by governmental action which has resulted in a judgment of inverse condemnation.
The adjusted base year value of the property acquired shall be the lower of the fair market value of the property acquired or the value which is the sum of the following:
(1)The adjusted base year value of the property from which the person was displaced.
(2)The amount, if any, by which the full cash value of the property acquired exceeds 120 percent of the amount received by the person for the property from which the person was displaced.
The provisions of this section shall apply to eminent domain proceedings, acquisitions, or judgments of inverse condemnation after March 1, 1975, and shall affect only those assessments of that property which occur after June 8, 1982.
(b)(1)A person acquiring replacement property shall request assessment under this section. A request made after four years following the date the property was acquired by eminent domain or purchase, or the date the judgment of inverse condemnation becomes final, shall be subject to subdivision (c).
(2)A change in the adjusted base year value of the replacement property acquired, resulting from the application of the provisions of this section, shall be deemed to be effective on the first day of the month following the month in which the property is acquired. The change in value shall be treated as a change in ownership for the purpose of placing supplemental assessments on the supplemental roll pursuant to Chapter 3.5 (commencing with Section 75). The assessor shall, however, appraise the replacement property acquired in accordance with the provisions of this section rather than the provisions of Section 75.10. The provisions of Chapter 3.5 shall be liberally construed in order to provide the benefits of this section and Section 2 of Article XIII A of the California Constitution to affected property owners at the earliest possible date.
(c)A request for assessment under this section that is made after four years following the date the property was acquired by eminent domain or purchase, or the date the judgment of inverse condemnation becomes final, shall apply commencing with the lien date of assessment year in which the request is made. There shall be no refund or cancellation of taxes prior to the date that the request is made. Under an assessment granted pursuant to that request, the assessor shall adjust the base year value of the replacement property acquired in accordance with this section and make adjustments for both of the following:
(1)Inflation, as annually determined in accordance with paragraph (1) of subdivision (a) of Section 51.
(2)Any subsequent new construction occurring with respect to the subject real property.
SEC. 4.Section 401.10 of the Revenue and Taxation Code is amended to read:401.10.(a)Notwithstanding any other law relating to the determination of the values upon which property taxes are based, values for each tax year from the 198485 tax year to the 202021 tax year, inclusive, for intercounty pipeline rights-of-way on publicly or privately owned property, including those rights-of-way that are the subject of a change in ownership, new construction, or any other reappraisable event during the period from March 1, 1975, to June 30, 2021, inclusive, shall be rebuttably presumed to be at full cash value for that year, if all of the following conditions are met:
(1)(A)The full cash value is determined to equal a 197576 base year value, annually adjusted for inflation in accordance with subdivision (b) of Section 2 of Article XIIIA of the California Constitution, and the 197576 base year value was determined in accordance with the following schedule:
(i)Twenty thousand dollars ($20,000) per mile for a high density property.
(ii)Twelve thousand dollars ($12,000) per mile for a transitional density property.
(iii)Nine thousand dollars ($9,000) per mile for a low density property.
(B)For purposes of this section, the density classifications described in subparagraph (A) are defined as follows:
(i)High density means Category 1 (densely urban) as established by the State Board of Equalization.
(ii)Transitional density means Category 2 (urban) as established by the State Board of Equalization.
(iii)Low density means Category 3 (valley-agricultural), Category 4 (grazing), and Category 5 (mountain and desert) as established by the State Board of Equalization.
(2)The full cash value is determined utilizing the same property density classifications that were assigned to the property by the State Board of Equalization for the 198485 tax year or, if density classifications were not so assigned to the property for the 198485 tax year, the density classifications that were first assigned to the property by the board for a subsequent tax year.
(3)(A)If a taxpayer owns multiple pipelines in the same right-of-way, an additional 50 percent of the value attributed to the right-of-way for the presence of the first pipeline, as determined under paragraphs (1) and (2), shall be added for the presence of each additional pipeline up to a maximum of two additional pipelines. For any particular taxpayer, the total valuation for a multiple pipeline right-of-way shall not exceed 200 percent of the value determined for the right-of-way of the first pipeline in the right-of-way in accordance with paragraphs (1) and (2).
(B)If the State Board of Equalization has determined that an intercounty pipeline, located within a multiple pipeline right-of-way previously valued in accordance with subparagraph (A), has been abandoned as a result of physical removal or blockage, the assessed value of the right-of-way attributable to the last pipeline enrolled in accordance with subparagraph (A) shall be reduced by not less than 75 percent of that increase in assessed value that resulted from the application of subparagraph (A).
(4)If all pipelines of a taxpayer located within the same pipeline right-of-way, previously valued in accordance with this section, are determined by the State Board of Equalization to have been abandoned as the result of physical removal or blockage, the assessed value of that right-of-way to that taxpayer shall be determined to be no more than 25 percent of the assessed value otherwise determined for the right-of-way for a single pipeline of that taxpayer pursuant to paragraphs (1) and (2).
(b)If the assessor assigns values for any tax year from the 198485 tax year to the 202021 tax year, inclusive, in accordance with the methodology specified in subdivision (a), the taxpayers right to assert any challenge to the right to assess that property, whether in an administrative or judicial proceeding, shall be deemed to have been raised and resolved for that tax year and the values determined in accordance with that methodology shall be rebuttably presumed to be correct. If the assessor assigns values for any tax year from the 198485 tax year to the 202021 tax year, inclusive, in accordance with the methodology specified in subdivision (a), any pending taxpayer lawsuit that challenges the right to assess the property shall be dismissed by the taxpayer with prejudice as it applies to intercounty pipeline rights-of-way.
(c)Notwithstanding any change in ownership, new construction, or decline in value occurring after March 1, 1975, if the assessor assigns values for rights-of-way for any tax year from the 198485 tax year to the 202021 tax year, inclusive, in accordance with the methodology specified in subdivision (a), the taxpayer may not challenge the right to assess that property and the values determined in accordance with that methodology shall be rebuttably presumed to be correct for that property for that tax year.
(d)Notwithstanding any change in ownership, new construction, or decline in value occurring after March 1, 1975, if the assessor does not assign values for rights-of-way for any tax year from the 198485 tax year to the 202021 tax year, inclusive, at the 197576 base year values specified in subdivision (a), any assessed value that is determined on the basis of valuation standards that differ, in whole or in part, from those valuation standards set forth in subdivision (a) shall not benefit from any presumption of correctness, and the taxpayer may challenge the right to assess that property or the values for that property for that tax year. As used herein, a challenge to the right to assess shall include any assessment appeal, claim for refund, or lawsuit asserting any right, remedy, or cause of action relating to or arising from, but not limited to, the following or similar contentions:
(1)That the value of the right-of-way is included in the value of the underlying fee or railroad right-of-way.
(2)That assessment of the value of the right-of-way to the owner of the pipeline would result in double assessment.
(3)That the value of the right-of-way may not be assessed to the owner of the pipeline separately from the assessment of the value of the underlying fee.
(e)Notwithstanding any other provision of law, during a four-year period commencing on January 1, 1996, the assessor may issue an escape assessment in accordance with the specific valuation standards set forth in subdivision (a) for the following taxpayers and tax years:
(1)Any intercounty pipeline right-of-way taxpayer who was a plaintiff in Southern Pacific Pipe Lines, Inc. v. State Board of Equalization (1993) 14 Cal.App.4th 42, for the tax years 198485 to 199697, inclusive.
(2)Any intercounty pipeline right-of-way taxpayer who was not a plaintiff in Southern Pacific Pipe Lines, Inc. v. State Board of Equalization (1993) 14 Cal.App.4th 42, for the tax years 198990 to 199697, inclusive.
(f)Any escape assessment levied under subdivision (e) shall not be subject to penalties or interest under the provisions of Section 532. If payment of any taxes due under this section is made within 45 days of demand by the tax collector for payment, the county shall not impose any late payment penalty or interest. Taxes not paid within 45 days of demand by the tax collector shall become delinquent at that time. If the tax thereon remains unpaid at the time set for declaration of default for delinquent taxes, the tax together with any penalty and costs as may have accrued thereon while on the secured roll shall be transferred to the unsecured roll.
(g)For purposes of this section, intercounty pipeline right-of-way means, except as otherwise provided in this subdivision, any interest in publicly or privately owned real property through which or over which an intercounty pipeline is placed. However, intercounty pipeline right-of-way does not include any parcel or facility that the State Board of Equalization originally separately assessed using a valuation method other than the multiplication of pipeline length within a subject property by a unit value determined in accordance with the density category of that subject property.
(h)This section shall remain in effect only until January 1, 2022, and, as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 5.Section 423.3 of the Revenue and Taxation Code is amended to read:423.3.Any city or county may allow land subject to an enforceable restriction under the Williamson Act or a migratory waterfowl habitat contract to be assessed in accordance with one or more of the following:
(a)Land specified in paragraph (1) of subdivision (a) of Section 16142 of the Government Code shall be assessed at the value determined as provided in Section 423, but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 70 percent.
(b)Prime commercial rangeland shall be assessed at the value determined as provided in Section 423, but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 80 percent.
For purposes of this subdivision, prime commercial rangeland means rangeland which meets all of the following physical-chemical parameters:
(1)Soil depth of 12 inches or more.
(2)Soil texture of fine sandy loam to clay.
(3)Soil permeability of rapid to slow.
(4)Soil with at least 2.5 inches of available water holding capacity in profile.
(5)A slope of less than 30 percent.
(6)A climate with 80 or more frost-free days per year.
(7)Ten inches or more average annual precipitation.
(8)When managed at potential, the land generally requires less than 17 acres to support one animal unit per year.
Property owners of land specified in this subdivision, shall demonstrate that their land falls within the above definition when requested by the city or county.
(c)Land specified in paragraph (2) of subdivision (a) of Section 16142 of the Government Code shall be assessed at the value determined as provided in Section 423, but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 90 percent.
(d)Waterfowl habitat shall be assessed at the value determined as provided in Section 423.7 but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 90 percent.
SEC. 6.Section 480 of the Revenue and Taxation Code is amended to read:480.(a)Whenever there occurs any change in ownership of real property or of property, a manufactured home home, or a floating home that is subject to local property taxation and is assessed by the county assessor, the transferee shall file a signed change in ownership statement in the county where the real property or property, manufactured home home, or floating home is located, as provided for in subdivision (c). In the case of a change in ownership where the transferee is not locally assessed, no change in ownership statement is required.
(b)The personal representative shall file a change in ownership statement with the county recorder or assessor in each county in which the decedent owned real property at the time of death that is subject to probate proceedings. The statement shall be filed prior to or at the time the inventory and appraisal is filed with the court clerk. In all other cases in which an interest in real property is transferred by reason of death, including a transfer through the medium of a trust, the change in ownership statement or statements shall be filed by the trustee (if the property was held in trust) or the transferee with the county recorder or assessor in each county in which the decedent owned an interest in real property within 150 days after the date of death.
(c)Except as provided in subdivision (d), the change in ownership statement as required pursuant to subdivision (a) shall be declared to be true under penalty of perjury and shall give that information relative to the real property or property, manufactured home, or floating home acquisition transaction as the board shall prescribe after consultation with the California Assessors
Association. The information shall include, but not be limited to, a description of the property, the parties to the transaction, the date of acquisition, the amount, if any, of the consideration paid for the property, whether paid in money or otherwise, and the terms of the transaction. The change in ownership statement shall not include any question that is not germane to the assessment function. The statement shall contain a notice informing the transferee of the property tax relief available under Section 69.5. The statement shall contain a notice that is printed, with the title in at least 12-point boldface type and the body in at least 8-point boldface type, in the following form:
Important Notice
The law requires any transferee acquiring an interest in real property or
property, manufactured
home, or floating home subject to local property taxation, and that is assessed by the county assessor, to file a change in ownership statement with the county recorder or assessor. The change in ownership statement must be filed at the time of recording or, if the transfer is not recorded, within 90 days of the date of the change in ownership, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death or, if the estate is probated, shall be filed at the time the inventory and appraisal is filed. The failure to file a change in ownership statement within 90 days from the date a written request is mailed by the assessor results in a penalty of either: (1) one hundred dollars ($100), or (2) 10 percent of the taxes applicable to the new base year value reflecting the change in ownership of the real property or
property, manufactured home, or floating home, whichever is greater, but not to exceed five thousand dollars ($5,000) if the property is eligible for the homeowners exemption or twenty thousand dollars ($20,000) if the property is not eligible for the homeowners exemption if that failure to file was not willful. This penalty will be added to the assessment roll and shall be collected like any other delinquent property taxes, and be subject to the same penalties for nonpayment.
(d)The change in ownership statement may be attached to or accompany the deed or other document evidencing a change in ownership filed for recording, in which case the notice, declaration under penalty of perjury, and any information contained in the deed or other transfer document otherwise required by subdivision (c) may be omitted.
(e)If the document evidencing a change in ownership is recorded in the county recorders office, then the statement shall be filed with the recorder at the time of recordation. However, the recordation of the deed or other document evidencing a change in ownership shall not be denied or delayed because of the failure to file a change of ownership statement, or filing of an incomplete statement, in accordance with this subdivision. If the document evidencing a change in ownership is not recorded or is recorded without the concurrent filing of a change in ownership statement, then the statement shall be filed with the assessor no later than 90 days from the date the change in ownership occurs, except that where the change in ownership has occurred by reason of death the statement shall be filed within 150 days after the date of death or, if the estate is probated, shall be filed at the time the inventory and appraisal is filed.
(f)Whenever a change in ownership statement is filed with the county recorders office, the recorder shall transmit, as soon as possible, the original statement or a true copy thereof to the assessor along with a copy of every recorded document as required by Section 255.7.
(g)(1)The change in ownership statement may be filed with the assessor through the United States mail, properly addressed with the postage prepaid.
(2)A change in ownership statement that is filed with the assessor, as authorized by paragraph (1), shall be deemed filed on either the date of the postmark affixed by the United States Postal Service containing the statement or on the date certified by a bona fide private courier service on the envelope containing the statement.
(h)In the case of a corporation, the change in ownership statement shall be signed either by an officer of the corporation or an employee or agent who has been designated in writing by the board of directors to sign those statements on behalf of the corporation. In the case of a partnership, limited liability company, or other legal entity, the statement shall be signed by an officer, partner, manager, or an employee or agent who has been designated in writing by the partnership, limited liability company, or legal entity.
(i)No person or entity acting for or on behalf of the parties to a transfer of real property shall incur liability for the consequences of assistance rendered to the transferee in preparation of any change in ownership statement, and no action may be brought or maintained against any person or entity as a result of that assistance.
Nothing in this section shall create a duty, either directly or by implication, that the assistance be rendered by any person or entity acting for or on behalf of parties to a transfer of real property.
SEC. 7.Section 482 of the Revenue and Taxation Code is amended to read:482.(a)(1)If a person or legal entity required to file a statement described in Section 480 fails to do so within 90 days from the date a written request is mailed by the assessor, a penalty of either: (A) one hundred dollars ($100), or (B) 10 percent of the taxes applicable to the new base year value reflecting the change in ownership of the real property or property, manufactured home, or floating home, whichever is greater, but not to exceed five thousand dollars ($5,000) if the property is eligible for the homeowners exemption or twenty thousand dollars ($20,000) if the property is not eligible for the homeowners exemption if the failure to file was not willful, shall, except as otherwise provided in this section, be added to the assessment made on the roll. The penalty shall apply for failure to file a complete change in ownership statement notwithstanding the fact that the assessor determines that no change in ownership has occurred as defined in Chapter 2 (commencing with Section 60) of Part 0.5. The penalty may also be applied if after a request the transferee files an incomplete statement and does not supply the missing information upon a second request.
(2)The assessor shall mail the written request specified in paragraph (1) to the mailing address of the transferee as provided by subdivision (f).
(b)If a person or legal entity required to file a statement described in Section 480.1 or 480.2 fails to do so within 90 days from the earlier of (1) the date of the change in control or the change in ownership of the corporation, partnership, limited liability company, or other legal entity, or (2) the date of a written request by the State Board of Equalization, a penalty of 10 percent of the taxes applicable to the new base year value reflecting the change in control or change in ownership of the real property owned by the corporation, partnership, or legal entity, or 10 percent of the current years taxes on that property if no change in control or change in ownership occurred, shall be added by the county assessor to the assessment made on the roll. The penalty shall apply for failure to file a complete statement with the board notwithstanding the fact that the board determines that no change in control or change in ownership has occurred as defined in subdivision (c) or (d) of Section 64. The penalty may also be applied if after a request the person or legal entity files an incomplete statement and does not supply the missing information upon that second request to complete the statement. That penalty shall be in lieu of the penalty provisions of subdivision (a).
(c)The penalty for failure to file a timely statement pursuant to Sections 480, 480.1, and 480.2 for any one transfer may be imposed only one time, even though the assessor may initiate a request as often as he or she deems necessary.
(d)The penalty shall be added to the roll in the same manner as a special assessment and treated, collected, and subject to the same penalties for the delinquency as all other taxes on the roll in which it is entered.
(1)When the transfer to be reported under this section is of a portion of a property or parcel appearing on the roll during the fiscal year in which the 90-day period expires, the current years taxes shall be prorated so the penalty will be computed on the proportion of property which has transferred.
(2)Any penalty added to the roll pursuant to this section between January 1 and June 30 may be entered either on the unsecured roll or the roll being prepared. After January 1, the penalty may be added to the current roll only with the approval of the tax collector.
(3)If the property is transferred or conveyed to a bona fide purchaser for value or becomes subject to a lien of a bona fide encumbrancer for value after the transfer of ownership resulting in the imposition of the penalty and before the enrollment of the penalty, the penalty shall be entered on the unsecured roll in the name of the transferee whose failure to file the change in ownership statement resulted in the imposition of the penalty.
(e)When a penalty imposed pursuant to this section is entered on the unsecured roll, the tax collector may immediately file a certificate authorized by Section 2191.3.
(f)Notice of any penalty added to either the secured or unsecured roll pursuant to this section, which shall identify the parcel or parcels for which the penalty is assessed, and the written request to file a statement specified in subdivision (a), which shall identify the real property or property, manufactured home, or floating home for which the statement is required to be filed, shall be mailed by the assessor to the transferee at his or her address contained in any recorded instrument or document evidencing a transfer of an interest in real property or property, manufactured home, or floating home or the address specified for mailing tax information contained in the preliminary change in ownership report. If the transferee has subsequently notified the assessor of a change in address for mailing tax information, the assessor shall mail the notice of any penalty, or the written request to file a statement specified in subdivision (a), to this address. If there is no address specified for mailing tax information on either the recorded instrument, the document evidencing a transfer of an interest in real property or property, manufactured home, or floating home or on the filed preliminary change in ownership report, and the transferee has not provided an address for purposes of mailing tax information, the assessor shall mail the notice of any penalty, or the written request to file a statement specified in subdivision (a), to the transferee at any address reasonably known to the assessor.
SEC. 6.SEC. 8.Section 2609 of the Revenue and Taxation Code is amended to read:2609.On or before November 1 of each year, the tax collector shall publish a notice specifying:
(a)The dates when taxes on the secured roll will be due.
(b)The times when these taxes will be delinquent.
(c)The penalties and costs for delinquency.
(d)That all taxes may be paid when the first installment is due.
(e)The times and places at which payment of taxes may be made.
SEC. 7.SEC. 9.Section 3726 of the Revenue and Taxation Code is amended to read:3726.A defense based on the alleged invalidity or irregularity of any proceeding instituted under this chapter can be maintained only in a proceeding commenced within one year after the date of execution of the tax collectors deed or within one year of the date the board of supervisors determines that a tax deed sold under this part should not be rescinded pursuant to Section 3731, whichever is later.
SEC. 8.SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.
SEC. 9.SEC. 11.Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.
(a)(1)Except as provided in subdivision (b), a public retirement system, which has invested assets in real property and improvements thereon for business or residential purposes for the production of income, shall pay annually to the city or county, in whose jurisdiction the real property is located and has been removed from the secured roll, a fee for general governmental services equal to the difference between the amount that would have accrued as real property secured taxes and the amount of possessory interest unsecured taxes paid for that property. The governing bodies of local entities may adopt ordinances and regulations authorizing retirement systems to invest assets in real property subject to the foregoing requirements.
(2)This subdivision shall not apply to any retirement system which is established by a local governmental entity if that entity is presently authorized by statute or ordinance to invest retirement assets in real property.
(3)This subdivision shall not apply to property owned by any state public retirement system.
(b)(1)Whenever a state public retirement system, which has invested assets in real property and improvements thereon for business or residential purposes for the production of income, leases the property, the lease shall provide, pursuant to Section 107.6 of the Revenue and Taxation Code, that the lessees possessory interest may be subject to property taxation and that the party in whom the possessory interest is vested may be subject to the payment of property taxes levied on that interest. The lease shall also provide that the full cash value, as defined in Sections 110 and 110.1 of the Revenue and Taxation Code, of the possessory interest upon which property taxes will be based shall equal the greater of (A) the full cash value of the possessory interest, or (B), if the lessee has leased less than all of the property, the lessees allocable share of the full cash value of the property that would have been enrolled if the property had been subject to property tax upon acquisition by the state public retirement system. The full cash value as provided for pursuant to either (A) or (B) of the preceding sentence shall reflect the anticipated term of possession if, on the lien date described in Section 2192 of the Revenue and Taxation Code, that term is expected to terminate prior to the end of the next succeeding fiscal year. The lessees allocable share shall, subject to the preceding sentence, be the lessees leasable square feet divided by the total leasable square feet of the property. The lease shall be valued in accordance with regulations adopted by the State Board of Equalization for the valuation of taxable possessory interests.
(2)Except as provided in this subdivision, the property shall be assessed and its taxes computed and collected in the same manner as privately owned property. The lessees possessory interest shall be placed on the unsecured roll and the tax on the possessory interest shall be subject to the collection procedures for unsecured property taxes.
(3)An investment by a state public retirement system in a legal entity that invests assets in real property and improvements thereon shall not constitute an investment by the state public retirement system of assets in real property and improvements thereon. For purposes of this paragraph, legal entity includes, but is not limited to, partnership, joint venture, corporation, trust, or association. When a state public retirement system invests in a legal entity, the state public retirement system shall be deemed to be a person for the purpose of determining a change in ownership under Section 64 of the Revenue and Taxation Code.
(4)Notwithstanding any other provision of law, fees charged pursuant to this section and collected prior to July 1, 1992, shall be deemed valid and not refundable under any circumstance. Notwithstanding any other provision of law, fees, interest and penalties, if any, asserted to be due pursuant to this section that were not charged or collected prior to July 1, 1992, shall be deemed invalid and not collectable under any circumstance.
(5)This subdivision shall apply to the assessment, computation, and collection of taxes for the fiscal year beginning on July 1, 1992, and each fiscal year thereafter. For the 199293 and 199394 fiscal years, in the case where a lessees possessory interest existed for less than the full fiscal year for which the tax was levied, the amount of tax shall be prorated in accordance with the number of months for which the lessees interest existed.
SEC. 2.Section 63.1 of the Revenue and Taxation Code is amended to read:63.1.(a)Notwithstanding any other provision of this chapter, a change in ownership shall not include the following purchases or transfers for which a claim is filed pursuant to this section:
(1)(A)The purchase or transfer of real property which is the principal residence of an eligible transferor in the case of a purchase or transfer between parents and their children.
(B)A purchase or transfer of a principal residence from a foster child to the childs biological parent shall not be excluded under subparagraph (A) if the transferor child received that principal residence, or interest therein, from a foster parent through a purchase or transfer that was excluded under subparagraph (A).
(2)The purchase or transfer of the first one million dollars ($1,000,000) of full cash value of all other real property of an eligible transferor in the case of a purchase or transfer between parents and their children.
(3)(A)Subject to subparagraph (B), the purchase or transfer of real property described in paragraphs (1) and (2) of subdivision (a) occurring on or after March 27, 1996, between grandparents and their grandchild or grandchildren, if all of the parents of that grandchild or those grandchildren, who qualify as the children of the grandparents, are deceased as of the date of purchase or transfer. Notwithstanding any other provision of law, for the lien date for the 200607 fiscal year and each fiscal year thereafter, in determining whether all of the parents of that grandchild or those grandchildren, who qualify as the children of the grandparents, are deceased as of the date of purchase or transfer, a son-in-law or daughter-in-law of the grandparent that is a stepparent to the grandchild need not be deceased on the date of the transfer.
(B)A purchase or transfer of a principal residence shall not be excluded pursuant to subparagraph (A) if the transferee grandchild or grandchildren also received a principal residence, or interest therein, through another purchase or transfer that was excludable pursuant to paragraph (1) of subdivision (a). The full cash value of any real property, other than a principal residence, that was transferred to the grandchild or grandchildren pursuant to a purchase or transfer that was excludable pursuant to paragraph (2) of subdivision (a) and the full cash value of a principal residence that fails to qualify for exclusion as a result of the preceding sentence shall be included in applying, for purposes of paragraph (2) of subdivision (a), the one million dollar ($1,000,000) full cash value limit specified in paragraph (2) of subdivision (a).
(b)(1)For purposes of paragraph (1) of subdivision (a), principal residence means a dwelling that is eligible for a homeowners exemption or a disabled veterans exemption as a result of the transferors ownership and occupation of the dwelling. Principal residence includes only that portion of the land underlying the residence that consists of an area of reasonable size that is used as a site for the residence.
(2)For purposes of paragraph (2) of subdivision (a), the one-million-dollar ($1,000,000) exclusion shall apply separately to each eligible transferor with respect to all purchases by and transfers to eligible transferees on and after November 6, 1986, of real property, other than the principal residence, of that eligible transferor. The exclusion shall not apply to any property in which the eligible transferors interest was received through a transfer, or transfers, excluded from change in ownership by the provisions of either subdivision (f) of Section 62 or subdivision (b) of Section 65, unless the transferor qualifies as an original transferor under subdivision (b) of Section 65. In the case of any purchase or transfer subject to this paragraph involving two or more eligible transferors, the transferors may elect to combine their separate one-million-dollar ($1,000,000) exclusions and, upon making that election, the combined amount of their separate exclusions shall apply to any property jointly sold or transferred by the electing transferors, provided that in no case shall the amount of full cash value of real property of any one eligible transferor excluded under this election exceed the amount of the transferors separate unused exclusion on the date of the joint sale or transfer.
(c)As used in this section:
(1)Purchase or transfer between parents and their children means either a transfer from a parent or parents to a child or children of the parent or parents or a transfer from a child or children to a parent or parents of the child or children. For purposes of this section, the date of any transfer between parents and their children under a will or intestate succession shall be the date of the decedents death, if the decedent died on or after November 6, 1986.
(2)Purchase or transfer of real property between grandparents and their grandchild or grandchildren means a purchase or transfer on or after March 27, 1996, from a grandparent or grandparents to a grandchild or grandchildren if all of the parents of that grandchild or those grandchildren who qualify as the children of the grandparents are deceased as of the date of the transfer. For purposes of this section, the date of any transfer between grandparents and their grandchildren under a will or by intestate succession shall be the date of the decedents death. Notwithstanding any other provision of law, for the lien date for the 200607 fiscal year and each fiscal year thereafter, in determining whether all of the parents of that grandchild or those grandchildren, who qualify as the children of the grandparents, are deceased as of the date of purchase or transfer, a son-in-law or daughter-in-law of the grandparent that is a stepparent to the grandchild need not be deceased on the date of the transfer.
(3)Children means any of the following:
(A)Any child born of the parent or parents, except a child, as defined in subparagraph (D), who has been adopted by another person or persons.
(B)Any stepchild of the parent or parents and the spouse of that stepchild while the relationship of stepparent and stepchild exists. For purposes of this paragraph, the relationship of stepparent and stepchild shall be deemed to exist until the marriage on which the relationship is based is terminated by divorce, or, if the relationship is terminated by death, until the remarriage of the surviving stepparent.
(C)Any son-in-law or daughter-in-law of the parent or parents. For the purposes of this paragraph, the relationship of parent and son-in-law or daughter-in-law shall be deemed to exist until the marriage on which the relationship is based is terminated by divorce, or, if the relationship is terminated by death, until the remarriage of the surviving son-in-law or daughter-in-law.
(D)Any child adopted by the parent or parents pursuant to statute, other than an individual adopted after reaching the age of 18 years.
(E)Any foster child of a state-licensed foster parent, if that child was not, because of a legal barrier, adopted by the foster parent or foster parents before the child aged out of the foster care system. For purposes of this paragraph, the relationship between a foster child and foster parent shall be deemed to exist until terminated by death. However, for purposes of a transfer that occurs on the date of death, the relationship shall be deemed to exist on the date of death.
(4)Grandchild or grandchildren means any child or children of the child or children of the grandparent or grandparents.
(5)Full cash value means full cash value, as defined in Section 2 of Article XIIIA of the California Constitution and Section 110.1, with any adjustments authorized by those sections, and the full value of any new construction in progress, determined as of the date immediately prior to the date of a purchase by or transfer to an eligible transferee of real property subject to this section.
(6)Eligible transferor means a grandparent, parent, or child of an eligible transferee.
(7)Eligible transferee means a parent, child, or grandchild of an eligible transferor.
(8)Real property means real property as defined in Section 104. Real property does not include any interest in a legal entity. For purposes of this section, real property includes an any of the following:
(A)An interest in a unit or lot within a cooperative housing corporation, as defined in subdivision (i) of Section 61.
(B)A pro rata ownership interest in a mobilehome park, as provided in subdivision (b) of Section 62.1.
(C)A pro rata ownership in a floating home marina, as provided in subdivision (b) of Section 62.5.
(9)Transfer includes, and is not limited to, any transfer of the present beneficial ownership of property from an eligible transferor to an eligible transferee through the medium of an inter vivos or testamentary trust.
(10)Social security number also includes a taxpayer identification number issued by the Internal Revenue Service in the case in which the taxpayer is a foreign national who cannot obtain a social security number.
(d)(1)The exclusions provided for in subdivision (a) shall not be allowed unless the eligible transferee, the transferees legal representative, the trustee of the transferees trust, or the executor or administrator of the transferees estate files a claim with the assessor for the exclusion sought and furnishes to the assessor each of the following:
(A)A written certification by the transferee, the transferees legal representative, the trustee of the transferees trust, or the executor or administrator of the transferees estate, signed and made under penalty of perjury that the transferee is a parent, child, or grandchild of the transferor and that the transferor is his or her parent, child, or grandparent. In the case of a grandparent-grandchild transfer, the written certification shall also include a certification that all the parents of the grandchild or grandchildren who qualify as children of the grandparents were deceased as of the date of the purchase or transfer and that the grandchild or grandchildren did or did not receive a principal residence excludable under paragraph (1) of subdivision (a) from the deceased parents, and that the grandchild or grandchildren did or did not receive real property other than a principal residence excludable under paragraph (2) of subdivision (a) from the deceased parents. The claimant shall provide legal substantiation of any matter certified pursuant to this subparagraph at the request of the county assessor.
(B)A written certification by the transferor, the transferors legal representative, the trustee of the transferors trust, or the executor or administrator of the transferors estate, signed and made under penalty of perjury that the transferor is a grandparent, parent, or child of the transferee and that the transferor is seeking the exclusion under this section and will not file a claim to transfer the base year value of the property under Section 69.5.
(C)A written certification shall also include either or both of the following:
(i)If the purchase or transfer of real property includes the purchase or transfer of residential real property, a certification that the residential real property is or is not the transferors principal residence.
(ii)If the purchase or transfer of real property includes the purchase or transfer of real property other than the transferors principal residence, a certification that other real property of the transferor that is subject to this section has or has not been previously sold or transferred to an eligible transferee, the total amount of full cash value, as defined in subdivision (c), of any real property subject to this section that has been previously sold or transferred by that transferor to eligible transferees, the location of that real property, the social security number of each eligible transferor, and the names of the eligible transferees of that property.
(D)If there are multiple transferees, the certification and signature may be made by any one of the transferees, if both of the following conditions are met:
(i)The transferee has actual knowledge that, and the certification signed by the transferee states that, all of the transferees are eligible transferees within the meaning of this section.
(ii)The certification is signed by the transferee as a true statement made under penalty of perjury.
(E)In the case of a transfer between a foster parent and foster child, the claim filed with the assessor shall include a certified copy of the court decision regarding the foster child status of the individual and a certified statement from the appropriate county agency stating that the foster child was not, because of a legal barrier, adopted by the foster parent or foster parents. Upon a request by the county assessor, the claimant also shall provide to the assessor legal substantiation of any matter certified under this subparagraph.
(2)If the full cash value of the real property purchased by or transferred to the transferee exceeds the permissible exclusion of the transferor or the combined permissible exclusion of the transferors, in the case of a purchase or transfer from two or more joint transferors, taking into account any previous purchases by or transfers to an eligible transferee from the same transferor or transferors, the transferee shall specify in his or her claim the amount and the allocation of the exclusion he or she is seeking. Within any appraisal unit, as determined in accordance with subdivision (d) of Section 51 by the assessor of the county in which the real property is located, the exclusion shall be applied only on a pro rata basis, however, and shall not be applied to a selected portion or portions of the appraisal unit.
(e)(1)The State Board of Equalization shall design the form for claiming eligibility. Except as provided in paragraph (2), any claim under this section shall be filed:
(A)For transfers of real property between parents and their children occurring prior to September 30, 1990, within three years after the date of the purchase or transfer of real property for which the claim is filed.
(B)For transfers of real property between parents and their children occurring on or after September 30, 1990, and for the purchase or transfer of real property between grandparents and their grandchildren occurring on or after March 27, 1996, within three years after the date of the purchase or transfer of real property for which the claim is filed, or prior to transfer of the real property to a third party, whichever is earlier.
(C)Notwithstanding subparagraphs (A) and (B), a claim shall be deemed to be timely filed if it is filed within six months after the date of mailing of a notice of supplemental or escape assessment, issued as a result of the purchase or transfer of real property for which the claim is filed.
(2)In the case in which the real property subject to purchase or transfer has not been transferred to a third party, a claim for exclusion under this section that is filed subsequent to the expiration of the filing periods set forth in paragraph (1) shall be considered by the assessor, subject to all of the following conditions:
(A)Any exclusion granted pursuant to that claim shall apply commencing with the lien date of the assessment year in which the claim is filed.
(B)Under any exclusion granted pursuant to that claim, the adjusted full cash value of the subject real property in the assessment year described in subparagraph (A) shall be the adjusted base year value of the subject real property in the assessment year in which the excluded purchase or transfer took place, factored to the assessment year described in subparagraph (A) for both of the following:
(i)Inflation as annually determined in accordance with paragraph (1) of subdivision (a) of Section 51.
(ii)Any subsequent new construction occurring with respect to the subject real property.
(3)(A)Unless otherwise expressly provided, the provisions of this subdivision shall apply to any purchase or transfer of real property that occurred on or after November 6, 1986.
(B)Paragraph (2) shall apply to purchases or transfers between parents and their children that occurred on or after November 6, 1986, and to purchases or transfers between grandparents and their grandchildren that occurred on or after March 27, 1996.
(4)For purposes of this subdivision, a transfer of real property to a parent or child of the transferor shall not be considered a transfer to a third party.
(f)The assessor may report quarterly to the State Board of Equalization all purchases or transfers, other than purchases or transfers involving a principal residence, for which a claim for exclusion is made pursuant to subdivision (d). Each report shall contain the assessors parcel number for each parcel for which the exclusion is claimed, the amount of each exclusion claimed, the social security number of each eligible transferor, and any other information the board may require in order to monitor the one-million-dollar ($1,000,000) limitation in paragraph (2) of subdivision (a). In recognition of the state and local interests served by the action made optional in this subdivision, the Legislature encourages the assessor to continue taking the action formerly mandated by this subdivision.
(g)This section shall apply to both voluntary transfers and transfers resulting from a court order or judicial decree. Nothing in this subdivision shall be construed as conflicting with paragraph (1) of subdivision (c) or the general principle that transfers by reason of death occur at the time of death.
(h)(1)Except as provided in paragraph (2), this section shall apply to purchases and transfers of real property completed on or after November 6, 1986, and shall not be effective for any change in ownership, including a change in ownership arising on the date of a decedents death, that occurred prior to that date.
(2)This section shall apply to purchases or transfers of real property between grandparents and their grandchildren occurring on or after March 27, 1996, and, with respect to purchases or transfers of real property between grandparents and their grandchildren, shall not be effective for any change in ownership, including a change in ownership arising on the date of a decedents death, that occurred prior to that date.
(i)A claim filed under this section is not a public document and is not subject to public inspection, except that a claim shall be available for inspection by the transferee and the transferor or their respective spouse, the transferees legal representative, the transferors legal representative, the trustee of the transferees trust, the trustee of the transferors trust, and the executor or administrator of the transferees or transferors estate.
(j)(1)If the assessor notifies the transferee in writing of potential eligibility for exclusion from change in ownership under this section, a certified claim for exclusion shall be filed with the assessor within 45 days of the date of the notice of potential eligibility. If a certified claim for exclusion is not filed within 45 days, the assessor may send a second notice of potential eligibility for exclusion, notifying the transferee that a certified claim for exclusion has not been received and that reassessment of the property will commence unless a certified claim for exclusion is filed within 60 days of the date of the second notice of potential eligibility. The second notice of potential eligibility shall indicate whether a certified claim for exclusion that is not filed within 60 days will be subject to a processing fee as provided in paragraph (2).
(2)If a certified claim for exclusion is not filed within 60 days of the date of the second notice of potential eligibility and an eligible transferee subsequently files a claim and qualifies for the exclusion, the assessor may, upon authorization by a county board of supervisors, require an eligible transferee to pay a one-time processing fee, collected at the time the claim is submitted, and reimbursed by the assessor if the claim is ineligible. The fee shall be subject to the provisions of Chapter 12.5 (commencing with Section 54985) of Part 1 of Division 2 of Title 5 of the Government Code and shall not exceed the amount of the actual and reasonable costs incurred by the assessor for reassessment work done due to failure to file the claim for exclusion or one hundred seventy-five dollars ($175), whichever is less.
(3)The failure to file a certified claim for exclusion within the filing periods specified by this subdivision shall not be construed to limit any exclusion from being granted pursuant to a claim filed within the filing periods specified by subdivision (e).
SEC. 3.Section 68 of the Revenue and Taxation Code is amended to read:68.(a)For purposes of Section 2 of Article XIIIA of the Constitution, the term change in ownership shall not include the acquisition of real property as a replacement for comparable property if the person acquiring the real property has been displaced from property in this state by eminent domain proceedings, by acquisition by a public entity, or by governmental action which has resulted in a judgment of inverse condemnation.
The adjusted base year value of the property acquired shall be the lower of the fair market value of the property acquired or the value which is the sum of the following:
(a)
(1)The adjusted base year value of the property from which the person was displaced.
(b)
(2)The amount, if any, by which the full cash value of the property acquired exceeds 120 percent of the amount received by the person for the property from which the person was displaced.
The provisions of this section shall apply to eminent domain proceedings, acquisitions, or judgments of inverse condemnation after March 1, 1975, and shall affect only those assessments of that property which occur after June 8, 1982.
Persons acquiring replacement property between March 1, 1975, and January 1, 1983, shall request assessment under this section with the assessor on or before January 1, 1987. Persons
(b)(1)A person acquiring replacement property on and after January 1, 1983, shall request assessment within four years of the date the property was acquired by eminent domain or purchase or the date the judgment of inverse condemnation becomes final. under this section. A request made after four years following the date the property was acquired by eminent domain or purchase, or the date the judgment of inverse condemnation becomes final, shall be subject to subdivision (c).
Any
(2)A change in the adjusted base year value of the replacement property acquired, resulting from the application of the provisions of this section, shall be deemed to be effective on the first day of the month following the month in which the property is acquired. The change in value shall be treated as a change in ownership for the purpose of placing supplemental assessments on the supplemental roll pursuant to Chapter 3.5 (commencing with Section 75). The assessor shall, however, appraise the replacement property acquired in accordance with the provisions of this section rather than the provisions of Section 75.10. The provisions of Chapter 3.5 shall be liberally construed in order to provide the benefits of this section and Section 2 of Article XIII A of the California Constitution to affected property owners at the earliest possible date.
(c)A request for assessment under this section that is made after four years following the date the property was acquired by eminent domain or purchase, or the date the judgment of inverse condemnation becomes final, shall apply commencing with the lien date of assessment year in which the request is made. There shall be no refund or cancellation of taxes prior to the date that the request is made. Under an assessment granted pursuant to that request, the assessor shall adjust the base year value of the replacement property acquired in accordance with this section and make adjustments for both of the following:
(1)Inflation, as annually determined in accordance with paragraph (1) of subdivision (a) of Section 51.
(2)Any subsequent new construction occurring with respect to the subject real property.
SEC. 4.Section 401.10 of the Revenue and Taxation Code is amended to read:401.10.(a)Notwithstanding any other provision of law relating to the determination of the values upon which property taxes are based, values for each tax year from the 198485 tax year to the 201516 202021 tax year, inclusive, for intercounty pipeline rights-of-way on publicly or privately owned property, including those rights-of-way that are the subject of a change in ownership, new construction, or any other reappraisable event during the period from March 1, 1975, to June 30, 2016, 2021, inclusive, shall be rebuttably presumed to be at full cash value for that year, if all of the following conditions are met:
(1)(A)The full cash value is determined to equal a 197576 base year value, annually adjusted for inflation in accordance with subdivision (b) of Section 2 of Article XIIIA of the California Constitution, and the 197576 base year value was determined in accordance with the following schedule:
(i)Twenty thousand dollars ($20,000) per mile for a high density property.
(ii)Twelve thousand dollars ($12,000) per mile for a transitional density property.
(iii)Nine thousand dollars ($9,000) per mile for a low density property.
(B)For purposes of this section, the density classifications described in subparagraph (A) are defined as follows:
(i)High density means Category 1 (densely urban) as established by the State Board of Equalization.
(ii)Transitional density means Category 2 (urban) as established by the State Board of Equalization.
(iii)Low density means Category 3 (valley-agricultural), Category 4 (grazing), and Category 5 (mountain and desert) as established by the State Board of Equalization.
(2)The full cash value is determined utilizing the same property density classifications that were assigned to the property by the State Board of Equalization for the 198485 tax year or, if density classifications were not so assigned to the property for the 198485 tax year, the density classifications that were first assigned to the property by the board for a subsequent tax year.
(3)(A)If a taxpayer owns multiple pipelines in the same right-of-way, an additional 50 percent of the value attributed to the right-of-way for the presence of the first pipeline, as determined under paragraphs (1) and (2), shall be added for the presence of each additional pipeline up to a maximum of two additional pipelines. For any particular taxpayer, the total valuation for a multiple pipeline right-of-way shall not exceed 200 percent of the value determined for the right-of-way of the first pipeline in the right-of-way in accordance with paragraphs (1) and (2).
(B)If the State Board of Equalization has determined that an intercounty pipeline, located within a multiple pipeline right-of-way previously valued in accordance with subparagraph (A), has been abandoned as a result of physical removal or blockage, the assessed value of the right-of-way attributable to the last pipeline enrolled in accordance with subparagraph (A) shall be reduced by not less than 75 percent of that increase in assessed value that resulted from the application of subparagraph (A).
(4)If all pipelines of a taxpayer located within the same pipeline right-of-way, previously valued in accordance with this section, are determined by the State Board of Equalization to have been abandoned as the result of physical removal or blockage, the assessed value of that right-of-way to that taxpayer shall be determined to be no more than 25 percent of the assessed value otherwise determined for the right-of-way for a single pipeline of that taxpayer pursuant to paragraphs (1) and (2).
(b)If the assessor assigns values for any tax year from the 198485 tax year to the 201516 202021 tax year, inclusive, in accordance with the methodology specified in subdivision (a), the taxpayers right to assert any challenge to the right to assess that property, whether in an administrative or judicial proceeding, shall be deemed to have been raised and resolved for that tax year and the values determined in accordance with that methodology shall be rebuttably presumed to be correct. If the assessor assigns values for any tax year from the 198485 tax year to the 201516 202021 tax year, inclusive, in accordance with the methodology specified in subdivision (a), any pending taxpayer lawsuit that challenges the right to assess the property shall be dismissed by the taxpayer with prejudice as it applies to intercounty pipeline rights-of-way.
(c)Notwithstanding any change in ownership, new construction, or decline in value occurring after March 1, 1975, if the assessor assigns values for rights-of-way for any tax year from the 198485 tax year to the 201516 202021 tax year, inclusive, in accordance with the methodology specified in subdivision (a), the taxpayer may not challenge the right to assess that property and the values determined in accordance with that methodology shall be rebuttably presumed to be correct for that property for that tax year.
(d)Notwithstanding any change in ownership, new construction, or decline in value occurring after March 1, 1975, if the assessor does not assign values for rights-of-way for any tax year from the 198485 tax year to the 201516 202021 tax year, inclusive, at the 197576 base year values specified in subdivision (a), any assessed value that is determined on the basis of valuation standards that differ, in whole or in part, from those valuation standards set forth in subdivision (a) shall not benefit from any presumption of correctness, and the taxpayer may challenge the right to assess that property or the values for that property for that tax year. As used herein, a challenge to the right to assess shall include any assessment appeal, claim for refund, or lawsuit asserting any right, remedy, or cause of action relating to or arising from, but not limited to, the following or similar contentions:
(1)That the value of the right-of-way is included in the value of the underlying fee or railroad right-of-way.
(2)That assessment of the value of the right-of-way to the owner of the pipeline would result in double assessment.
(3)That the value of the right-of-way may not be assessed to the owner of the pipeline separately from the assessment of the value of the underlying fee.
(e)Notwithstanding any other provision of law, during a four-year period commencing on January 1, 1996, the assessor may issue an escape assessment in accordance with the specific valuation standards set forth in subdivision (a) for the following taxpayers and tax years:
(1)Any intercounty pipeline right-of-way taxpayer who was a plaintiff in Southern Pacific Pipe Lines, Inc. v. State Board of Equalization (1993) 14 Cal. App. 4th 42, for the tax years 198485 to 199697, inclusive.
(2)Any intercounty pipeline right-of-way taxpayer who was not a plaintiff in Southern Pacific Pipe Lines, Inc. v. State Board of Equalization (1993) 14 Cal. App. 4th 42, for the tax years 198990 to 199697, inclusive.
(f)Any escape assessment levied under subdivision (e) shall not be subject to penalties or interest under the provisions of Section 532. If payment of any taxes due under this section is made within 45 days of demand by the tax collector for payment, the county shall not impose any late payment penalty or interest. Taxes not paid within 45 days of demand by the tax collector shall become delinquent at that time, and the delinquent penalty, redemption penalty, or other collection provisions of this code shall thereafter apply. time. If the tax thereon remains unpaid at the time set for declaration of default for delinquent taxes, the tax together with any penalty and costs as may have accrued thereon while on the secured roll shall be transferred to the unsecured roll.
(g)For purposes of this section, intercounty pipeline right-of-way means, except as otherwise provided in this subdivision, any interest in publicly or privately owned real property through which or over which an intercounty pipeline is placed. However, intercounty pipeline right-of-way does not include any parcel or facility that the State Board of Equalization originally separately assessed using a valuation method other than the multiplication of pipeline length within a subject property by a unit value determined in accordance with the density category of that subject property.
(h)This section shall remain in effect only until January 1, 2016, 2022, and, as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, 2022, deletes or extends that date.
SEC. 5.Section 423.3 of the Revenue and Taxation Code is amended to read:423.3.Any city or county may allow land subject to an enforceable restriction under the Williamson Act or a migratory waterfowl habitat contract to be assessed in accordance with one or more of the following:
(a)Land specified in paragraph (1) of subdivision (a) of Section 16142 of the Government Code shall be assessed at the value determined as provided in Section 423, but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 70 percent.
(b)Prime commercial rangeland shall be assessed at the value determined as provided in Section 423, but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 80 percent.
For purposes of this subdivision, prime commercial rangeland means rangeland which meets all of the following physical-chemical parameters:
(1)Soil depth of 12 inches or more.
(2)Soil texture of fine sandy loam to clay.
(3)Soil permeability of rapid to slow.
(4)Soil with at least 2.5 inches of available water holding capacity in profile.
(5)A slope of less than 30 percent.
(6)A climate with 80 or more frost-free days per year.
(7)Ten inches or more average annual precipitation.
(8)When managed at potential, the land generally requires less than 17 acres to support one animal unit per year.
Property owners of land specified in this subdivision, shall demonstrate that their land falls within the above definition when requested by the city or county.
(c)Land specified in paragraph (2) of subdivision (b) (a) of Section 16142 of the Government Code shall be assessed at the value determined as provided in Section 423, but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 90 percent.
(d)Waterfowl habitat shall be assessed at the value determined as provided in Section 423.7 but not to exceed a uniformly applied percentage of its base year value pursuant to Section 110.1, adjusted to reflect the percentage change in the cost of living not to exceed 2 percent per year. In no event shall that percentage be less than 90 percent.
SEC. 6.Section 2609 of the Revenue and Taxation Code is amended to read:2609.On or before the day when taxes are payable November 1 of each year, the tax collector shall publish a notice specifying:
(a)The dates when taxes on the secured roll will be due.
(b)The times when these taxes will be delinquent.
(c)The penalties and costs for delinquency.
(d)That all taxes may be paid when the first installment is due.
(e)The times and places at which payment of taxes may be made.
SEC. 7.Section 3726 of the Revenue and Taxation Code is amended to read:3726.A defense based on the alleged invalidity or irregularity of any proceeding instituted under this chapter can be maintained only in a proceeding commenced within one year after the date of execution of the tax collectors deed or within one year of the date the board of supervisors determines that a tax deed sold under this part should not be rescinded pursuant to Section 3731, whichever is later.
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.
SEC. 9.Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.
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| Jun 24, 2015 | June 29 set for first hearing canceled at the request of author. |
| Oct 2, 2015 | Chaptered by Secretary of State. Chapter 454, Statutes of 2015. |
| Oct 2, 2015 | Approved by the Governor. |
| Sep 8, 2015 | Enrolled and presented to the Governor at 4:30 p.m. |
| Sep 2, 2015 | Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling. |
| Sep 2, 2015 | Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2426.) Ordered to engrossing and enrolling. |
| Sep 1, 2015 | Read third time. Passed. (Ayes 80. Noes 0. Page 2751.) Ordered to the Senate. |
| Sep 1, 2015 | Read third time. Passed. Ordered to the Senate. |
| Sep 1, 2015 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 27, 2015 | Read second time. Ordered to consent calendar. |
| Aug 26, 2015 | From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 26). |
| Jul 15, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 14, 2015 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 13). |
| Jun 29, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX. |
| Mar 24, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Jun 18, 2015 | Referred to Com. on REV. & TAX. |
| May 18, 2015 | Read third time. Passed. (Ayes 36. Noes 0.) Ordered to the Assembly. |
| May 18, 2015 | Read third time. Passed. (Ayes 36. Noes 0. Page 1029.) Ordered to the Assembly. |
| May 18, 2015 | In Assembly. Read first time. Held at Desk. |
| May 12, 2015 | Read second time. Ordered to consent calendar. |
| May 11, 2015 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| May 5, 2015 | Set for hearing May 11. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 6. Noes 0.) (April 29). Re-referred to Com. on APPR. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 6. Noes 0. Page 816.) (April 29). Re-referred to Com. on APPR. |
| Apr 21, 2015 | Set for hearing April 29. |
| Apr 7, 2015 | Referred to Com. on GOV. & F. |
| Mar 25, 2015 | From printer. May be acted upon on or after April 24. |
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| Sep 2, 2015 | Unfinished Business SB803 Committee On GOV. & F. (Hertzberg) Concurrence | Senate Floor |
Passed |
|
| Sep 1, 2015 | SB 803 GOV.& F. Consent Calendar Second Day By TING | Assembly Floor |
Passed |
|
| Aug 26, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 13, 2015 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Revenue and Taxation |
Passed |
|
| May 18, 2015 | Consent Calendar 2nd SB803 Committee On GOV. & F. (Hertzberg) | Senate Floor |
Passed |
|
| Apr 29, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Governance and Finance |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| board of equalization | ** Support | Sep 2, 2015 |
| California Association of County Treasurer-Tax Collectors | ** Support | Sep 2, 2015 |
SB 803
Page 8
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
UNFINISHED BUSINESS
Bill No: SB 803
Author: Committee on Governance and Finance (null)
Amended: 7/15/15
SENATE GOVERNANCE & FIN. COMMITTEE: 6-0, 4/29/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Pavley
NO VOTE RECORDED: Moorlach
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 36-0, 5/18/15
AYES: Allen, Anderson, Bates, Beall, Block, Cannella, De León, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Roth, Runner, Stone, Vidak, Wieckowski, Wolk
NO VOTE RECORDED: Berryhill, Hall, Pavley
ASSEMBLY FLOOR: 80-0, 9/01/15 (Consent) - See last page for vote
DIGEST: This bill makes eight changes to property tax administration law.
Assembly Amendments require taxpayers acquiring floating homes to file a change in ownership statement, similar to all other real property and manufactured homes, specify the Board of Equalization (BOE) regulation for assessors to use when valuing possessory interests in California State Teachers Retirement System-owned building, allow retroactive relief for individuals who obtained property, for the base year value transfer allowed in the case of eminent domain or inverse condemnation but didn’t timely file the claim, and make technical and conforming changes.
Existing law:
Excludes from change of ownership reassessment real property transferred from parents to children upon timely filing a claim, but the exemption usually doesn’t apply for changes in legal entities, like corporations or partnerships, except for transfers in legal entities that own any of the below properties. In the cases, the pro rata share of the legal interest in the project that a parent transfers to a child isn’t reassessed:
Exempts from reassessment parent-child transfers in legal entities for cooperative housing (Revenue and Taxation Code § 63.1).
Allows tenants to purchase mobile home parks (R&T§62.1) and floating home marinas (R&T §62.5) without reassessment, and additionally allows any other exclusion to apply.
Allows taxpayers who have property taken or purchased by a public agency to transfer their base-year values to a replacement property, starting with the first BOE Rules require the taxpayer to identify the replacement property as part of the request for the transfer, and direct the taxpayer to make a timely filed request for the assessor to grant the transfer.
Provides that all property is taxable unless explicitly exempted by the Constitution or federal law.
Imposes the possessory interest tax on independent, durable, and exclusive real property interests located on publicly-owned land.
Sets forth a specific methodology for valuing the possessory interests of tenants in buildings owned by the California State Teachers’ Retirement System, valuing each tenant’s possessory interest tax by calculating each tenant’s share of the building on a square footage basis, multiplied that share by the building’s full cash value, and then applying the appropriate rate.
Allows BOE to enact rules, regulations, and other advice for assessors, including regarding the valuation of possessory interests.
Allows counties to choose between several methodologies for assessors to value land enrolled in the California Land Conservation Act, known as the Williamson Act.
Under the “percentage of base year value” method, directs assessors to multiply the factored base year value of the property by a percentage to determine its assessed value, with the percentage differing based on the kind of land: 70% for prime agricultural land, as defined in Government Code 16142 (a), 80% for prime commercial rangeland, and 90% for non-prime agricultural land in GC 16142 (b).
Defines “prime agricultural land,” in Government Code 16142 (a) (1) and “non-prime agricultural land” in 16142 (b) (1).
Requires transferees of real property or manufactured homes to file a change in ownership statement with the assessor or BOE, and applies a penalty for failing to timely file the statement.
Requires the tax collector to publish a notice, with specified information regarding the payment of taxes “on or before the date taxes are payable.”
Requires persons challenging tax sales in Court to do so within one year of the date of the execution of the tax collector’s deed.
Additionally requires the person challenging the sale to first petition the board of supervisors to rescind the sale within one year before going to court, and reset the time restriction for a challenge to one year after the date the board rejects the rescission petition (AB 261, Dickinson, Chapter 288, Statutes of 2011).
Provides that a defense can only be maintained for one year after the execution date of the deed as part of the tax sale.
Directs assessors value intercounty pipeline rights-of-way according to a codified assessment valuation methodology.
States that a value based on the density classification of the pipeline on a per-mile basis is rebuttably presumed to be correct.
Provides that any unpaid taxes on intercounty pipeline rights-of-way are on the secured roll, and thereby subject to the same penalties and collections provisions for all real property taxes.
Sunsets the intercounty pipeline rights-of-way methodology on January 1, 2016.
This bill:
Adds to the list of legal entity changes eligible for the parent-child transfer in §63.1 the pro rata ownership interest in resident-owned floating home marinas and mobile home parks.
Requires that the assessor apply a base-year value transfer resulting from eminent domain on the lien date of the assessment year in which the taxpayer files the request if the taxpayer acquired the property, but didn’t file the request, after the four-year deadline.
For the last four fiscal years, directs assessors to cancels taxes, allow refunds, and correct the roll for taxpayers who acquired property, but did not file the request on time, to reflect the property’s value after applying the transfer.
Provides that the assessor should adjust the value of the property for inflation, as well as any changes in ownership, after applying the transfer.
Strikes the assessment methodology to value possessory interests in CALSTRS, and instead directs assessors to value these interests in accordance with BOE regulations.
Corrects erroneous cross references for the “percentage of base year value” method for valuing land enrolled in the California Land Conservation Act.
Adds “floating homes” to the section of current law requiring taxpayers to file change in ownership statements when acquiring real property or manufactured homes, and the section of law applying a penalty for failing to do so on time.
Replaces “before the date taxes are payable” with “November 1st” for purposes of the tax collector publishing a notice regarding property tax payments.
Allows tax collectors to maintain a defense to tax sale for challenges initiated for one year after the board’s rejection of the rescission petition.
Extends the methodology to value intercounty pipeline rights-of-way until January 1, 2021, and provides that unpaid taxes on the default date plus penalties and costs shall be transferred to the unsecured roll.
Background:
In 1850, the Legislature first directed county assessors to tax property; however, assessors in different counties often applied different tax rates and methods of assessment. The California Constitution of 1879 created BOE to equalize rates and assessment practices among counties, and state law directs BOE to oversee county assessors. BOE annually reviews property tax statutes and makes recommendations to the Legislature for changes to aid property tax administration, or respond to recent litigation. Additionally, county treasurer-tax collectors, who administer property tax billing, collection, and property tax sales, make similar recommendations to improve implementation of property tax law, as do county assessors, who value property. SB 803 includes suggestions from all.
Provision #1 adds exclusions allowed by two other parts of the law into the foundational section on parent-child transfers.
Provision #2 responds to a recent Fourth District Court of Appeals ruling in Olive Lane Industrial Park, LLC v. County of San Diego (2014, D063337) in the case of a taxpayer who had property taken by eminent domain and purchased replacement property within four years of the date of the taking, but didn’t file the claim until five and a half years after that date. The Court ruled that the assessor wrongfully denied the exemption claim because the Constitutional exclusion doesn’t contain any deadlines, the Legislature has allowed taxpayers to obtain relief when taxpayers file request for other Constitutional property tax exclusions filed after the deadline, and the deadline undermines the purpose of the Constitutional exclusion.
Provision #3 responds to a recent Second District Court of Appeals decision that held unconstitutional the methodology for valuing possessory interests of tenants in CALSTRS-owned buildings in CALSTRS v. County of Los Angeles (2013, B225245). The Court reasoned that the possessory interest tax applies to the lessee’s right to possess the real property for a specified period, but doesn’t account for CALSTRS’s reversionary interest, or its right to possess the property at a future date, thereby imposing a tax that exceeds the taxpayer’s full market value of the possessory interest. Additionally, the court stated that to base the tenant’s share of the tax based on the building’s full cash value amounted to taxing exempt property owned by a public agency.
Provision #4 corrects an erroneous cross-reference.
Provision #5 changes the law to account for counties now posting notices on the internet, instead of the tax collector, often without coordinating with tax collectors. Some tax collectors have interpreted this section, to mean that they can’t accept payments taxpayers remit until the county website administrator posts the notice.
Provision #6 adds “floating homes” into the sections of law requiring a COS and applying penalties for willful failures to file, which makes treatment of floating homes consistent with requirements for transfers of similar kinds of property.
Provision #7 extends the period of time for tax collectors to maintain a defense to a tax sale to account for AB 261’s change that requires a petition first be filed with the county board of supervisors before proceeding to Court.
Provision #8 extends the sunset on the methodology assessors use to value intercounty pipeline rights-of-way, first enacted in 1996 (AB 1286, Takasugi, Chapter 76, Statutes of 1996), which reflected an agreement between assessors and intercounty pipeline right-of-way owners after litigation transferred the assessment duty from BOE to assessors in 1993 in Southern Pacific Pipe Lines, Inc. v. State Board of Equalization (14 Cal.App.4th 42). Before the case, BOE assessed the pipelines, necessary operational equipment, land, and rights-of-way, but the Fourth District Court of Appeals held that assessors must value the land and rights-of-way because the Constitution only directs the BOE to assess pipelines. Essentially, assessors determine value based on the density classification of the pipeline on a per-mile basis, and that value is rebuttably presumed to be correct. The Legislature has extended the methodology twice before, and it’s set to expire again on January 1, 2016. (AB 2612, Brewer, Chapter 206, Statues of 2000, and SB 1494, Committee on Revenue and Taxation, Chapter 654, Statutes of 2010).
Additionally, current law provides that any unpaid taxes on intercounty pipeline rights-of-way are subject to the same penalties and collections provisions for all property taxes. However, rights of way can’t be treated like real property for collection purposes, as the tax collector can neither issue liens nor sell them at tax sales, so they shouldn’t be treated as such by being on the secured roll. The change would treat these rights-of-way similar to BOE assessed unitary property and oil and gas rights.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to Assembly Appropriations, SB 803 results in minor and absorbable costs to BOE, and no significant impact to state or local revenues.
Board of Equalization
California Association of County Treasurer-Tax Collectors
None received
SB 803 consolidates seven technical, noncontroversial changes to property tax law recommended by the State Board of Equalization, the California Association of County Treasurer Tax Collectors, and the California Assessors Association to improve property tax administration and respond to recent litigation. Consolidating several consensus items into a single bill conserves legislative resources. Senate Rule 23 requires all members of the Committee to sign Committee Bills prior to introduction, so SB 803 can only contain items with universal agreement; should anyone object to a provision in the measure, it will be removed.
ASSEMBLY FLOOR: 80-0, 9/01/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
Prepared by: Colin Grinnell / GOV. & F. / (916) 651-4119
9/1/15 20:15:43
**** END ****
Date of Hearing: August 26, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 803
(Committee on Governance and Finance) – As Amended July 15, 2015
Policy Committee: |
Revenue and Taxation |
Vote: |
8 - 0 |
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill makes several minor, technical, and noncontroversial changes to property tax law to improve property tax administration and respond to recent litigation.
FISCAL EFFECT:
Minor and absorbable administrative costs to the Board of Equalization (BOE); no significant impact to state or local revenues.
COMMENTS:
Purpose. BOE, the sponsor of this bill, asserts this bill is designed to:
1) Replace the possessory interest valuation methodology for state retirement system-owned property, which a court ruled unconstitutional, with a reference to the pre-existing regulation;
2) Clarify that tax collectors may begin accepting property tax payments beginning November 1 each year, even if the county fails to post notice by that date indicating taxpayers may begin remitting payments;
3) Clarify the intent of existing law that the exemption from new base year valuations for transfers from parents to children shall also apply to transfers of ownership interests in manufactured home parks or floating home marinas when the properties are owned in the name of a legal entity;
4) Clarify the parent-child exemption from base year reassessments for property transfers also applies to property the parent receives to replace property seized via eminent domain;
5) Provide an additional year to challenge tax sales in court when the challenge is initiated one year after rejection of a petition to the county board of supervisors to rescind the sale;
6) Correct improper statutory references related to Williamson Act assessments; and
7) Extend for five years the assessment valuation methodology for inter-county pipeline rights-of-way, which will otherwise sunset in 2016.
Analysis Prepared by: Joel Tashjian / APPR. / (916) 319-2081
SB 803
Page 6
Date of Hearing: July 13, 2015
ASSEMBLY COMMITTEE ON REVENUE AND TAXATION
Philip Ting, Chair
SB 803
(Committee on Governance and Finance) – As Amended June 29, 2015
Majority vote. Fiscal committee.
SENATE VOTE: 36-0
SUBJECT: Property taxation.
SUMMARY: Makes technical, noncontroversial changes to property tax law to improve property tax administration and respond to recent litigation. Specifically, this bill:
Eliminates the existing methodology for assessing the possessory interest for property owned and leased by the California State Teachers’ Retirement System (CALSTRS), and instead directs assessors to value possessory interest in accordance with regulations adopted by the Board of Equalization (BOE) for the valuation of taxable possessory interest.
Adds the pro rata interest in resident-owned floating home marinas and mobile home parks to the list of legal entity changes eligible for the parent-child transfer.
Provides that a request for assessment made four years following the date the property was acquired by eminent domain or purchase, or the date of judgment of inverse condemnation become final, shall apply commencing with the lien date of assessment year in which the request is made. There shall be no refund or cancellation of taxes prior to the date that the request is made. The assessor shall adjust the base year value of the replacement property acquired in accordance with this section and make adjustments for inflation and any subsequent new construction occurring with respect to the subject real property.
Extends the sunset for the codified assessment valuation methodology used by assessors to value intercounty pipeline rights-of-way until January 1, 2021.
Deletes existing penalties and collections provisions for unpaid taxes on intercounty pipeline rights-of-way and instead provides that taxes unpaid on the default date shall be transferred to the unsecured roll along with any penalty and costs.
Corrects cross-references related to the assessment of property under the Williamson Act.
Extends change of ownership filing requirements and penalties to owners of floating homes.
Requires an assessor to publish, on or before November 1 of each year, a notice specifying the dates on when the taxes on the secured role will be due, the times when these taxes will be delinquent, the penalties and costs for delinquency, that all taxes may be paid when the first installment is due, and the times and places at which payment of taxes may be made.
Specifies that a defense based on the alleged invalidity or irregularity of any proceeding can be maintained only in a proceeding commenced within one year after the date of execution of the tax collector’s deed or within one year of the date the board of supervisors determines that a tax deed sold should not be rescinded, whichever is later.
Provides that no reimbursement is required by this act for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, or changes the definition of a crime. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made.
Provides that no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.
EXISTING LAW:
Excludes from change of ownership reassessment real property transferred from parents to children upon timely filing a claim, but the exemption usually doesn’t apply for changes in legal entities, like corporations or partnerships, except for transfers in legal entities that own any of the below properties. In these cases, the pro rata share of the legal interest in the project that a parent transfers to a child isn’t reassessed:
Exempts from reassessment parent-child transfers in legal entities for cooperative housing. (Revenue and Taxation Code (R&TC) Section 63.1.)
Allows tenants to purchase mobile home parks (R&TC Section 62.1) and floating home marinas (R&TC Section 62.5) without reassessment, and additionally allows any other exclusion to apply.
Allows taxpayers who have property taken or purchased by a public agency to transfer their base-year values to a replacement property, starting with the first month after the taxpayer purchases the replacement property. Taxpayers must request the transfer within four years as part of the implementing statute, but BOE rules require the taxpayer to identify the replacement property as part of the request for the transfer, and direct the taxpayer to make a timely filed request for the assessor to grant the transfer.
Provides that all property is taxable unless explicitly exempted by the Constitution or federal law.
Imposes the possessory interest tax on independent, durable, and exclusive real property interests located on publicly-owned land. Establishes a specific methodology for valuing the possessory interests of tenants in buildings owned by the California State Teachers’ Retirement System (CALSTRS), valuing each tenant’s possessory interest tax by calculating each tenant’s share of the building on a square footage basis, multiplied that share by the building’s full cash value, and then applying the appropriate rate. BOE is allowed to enact rules, regulations, and other advice for assessors, including regarding the valuation of possessory interests.
Allows counties to choose between several methodologies for assessors to value land enrolled in the California Land Conservation Act, known as the Williamson Act. Under the “percentage of base year value” method, directs assessors to multiply the factored base year value of the property by a percentage to determine its assessed value, with the percentage differing based on the kind of land: 70% for prime agricultural land, as defined in Government Code (GC) Section 16142(a), 80% for prime commercial rangeland, and 90% for non-prime agricultural land in GC Section 16142(b).
Requires the tax collector to publish a notice, with specified information regarding the payment of taxes “on or before the date taxes are payable.”
Requires persons challenging tax sales in court to do so within one year of the date of the execution of the tax collector’s deed. Additionally, a person challenging the sale is required to first petition the board of supervisors to rescind the sale within one year before going to court, and reset the time restriction for a challenge to one year after the date the board rejects the rescission petition. A defense can only be maintained for one year after the execution date of the deed as part of the tax sale.
Directs assessors to value intercounty pipeline rights-of-way according to a codified assessment valuation methodology. A value based on the density classification of the pipeline on a per-mile basis is rebuttably presumed to be correct. unpaid taxes on intercounty pipeline rights-of-way are on the secured roll, and thereby subject to the same penalties and collections provisions for all real property taxes. The intercounty pipeline rights-of-way methodology sunset on January 1, 2016.
FISCAL EFFECT: The BOE estimates no revenue impact.
COMMENTS:
Possessory interests in CALSTS properties: The California Constitution provides that all property is taxable unless explicitly exempted by the Constitution or federal law. The possessory interest tax is imposed on real property interests located on public land that are independent, durable, and exclusive, all terms defined by statute and case law. Basically, private interests on federal land, such as a vacation cabin on Forest Service land, are subject to the possessory interest tax, because the taxpayer “possesses” interests in the property despite not owning it.
As a public agency, the CALSTRS does not pay property taxes so its tenants, such as coffee shops and restaurants. pay the possessory interest tax instead. In 1992, the Legislature created a different methodology for valuing possessory interests on tenants in buildings owned by CALSTRS (SB 1687, Greene). The assessor determined each tenant’s possessory interest tax by calculating each tenant’s share of the building on a square footage basis, multiplied that share by the building’s full cash value, and then applied the appropriate rate. Recently, a taxpayer challenged the method of calculation and the Court found the method of calculation to be unconstitutional. (CALSTRS v. County of Los Angeles, 2013, B225245.) The Court reasoned that the possessory interest tax applies to the lessee’s right to possess the real property for a specified period, but does not account for CALSTRS’s reversionary interest, or its right to possess the property at a future date, thereby imposing a tax that exceeds the taxpayer’s full market value of the possessory interest. Additionally, the court stated that to base the tenant’s share of the tax based on the building’s full cash value amounted to taxing exempt property owned by a public agency. This bill eliminates the assessment methodology the Court found unconstitutional, and instead directs assessors to value possessory interests in CALSTRS in accordance with BOE regulations. Unfortunately, as currently drafted, this bill may provide an unconstitutional delegation of legislative authority. In order to prevent such a delegation, the Committee may wish to specify the specific regulation which provides the method of valuation.
Code Maintenance: Real property transferred from parents to children is generally excluded from change of ownership reassessment upon timely filing a claim, but the exemption usually does not apply for changes in legal entities, such as corporations or partnerships. One specific exception is for parent-child transfers in legal entities in resident-owned floating home marinas and mobile home parks, as well as cooperative housing, where the pro rata share of the legal interest in the project that a parent transfers to a child is not reassessed. While existing law allows for parent-child transfers in legal entities for cooperative housing, mobile home parks and floating home marinas are not explicitly listed. The exclusion is allowed by more general language in the code sections that allow tenants to purchase mobile home parks and floating home marinas without reassessment. This bill explicitly adds to the list of legal entity changes eligible for the parent-child transfer in under R&TC Section 63.1, the pro rata ownership interest in resident-owned floating home marinas and mobile home parks. Additionally, this bill extends change of ownership filing requirements and penalties to owners of floating homes.
Eminent domain base-year value transfers: Another exclusion from change of ownership reassessment exists for base-year value transfers for taxpayers who have property taken or purchased by a public agency. A taxpayer who has property purchased or taken by a public agency in an eminent domain, or inverse condemnation proceeding, can transfer the original property’s base-year value and apply it to a new property, starting with the first month after the taxpayer purchases the replacement property. When the voters enacted this exclusion in the California Constitution with Proposition 3 in 1982, the Legislature required affected taxpayers to request the transfer within four years as part of the implementing statute. BOE's rule also requires the taxpayer to identify the replacement property as part of the request for the transfer, and that the taxpayer must make a timely filed request. Recently, in Olive Lane Industrial Park, LLC v. County of San Diego (2014, D063337), the Court ruled that denying the transfer based on missing the filing deadline conflicted with the Constitution’s exclusion. The Court ruled that a taxpayer who had property taken by eminent domain and purchased replacement property within four years of the date of the taking and did not file the claim until five- and one-half years after that date is entitled to apply the transfer after filing the request. The Court reasoned that the constitutional exclusion does not contain any deadlines, the Legislature has allowed taxpayers to obtain relief when taxpayers file request for other constitutional property tax exclusions filed after the deadline, and the deadline undermines the purpose of the constitutional exclusion. In response to the Court’s decision, this bill requires the transfer be applied on the lien date of the assessment year in which the taxpayer files the request if the taxpayer filed the request after the four-year deadline. However, this bill precludes cancellations of taxes or refunds for taxpayers who do not file the request before the four-year deadline, which assessors can grant to taxpayers who file the request before the deadline.
As currently drafted, a homeowner who purchases a replacement property two months after the original property was taken and waits an additional four years to file a request for reassessment is barred from receiving a refund or cancellation of taxes prior to the date that the request is made. Late requests for assessments may occur for several reasons but many individuals may simply not be made aware or understand that their replacement properties are eligible for a base-year value transfer. As such, this bill provides a serious penalty for property owners who request a reassessment years after purchasing a replacement property. As a way of mitigating the financial penalty, the Committee may wish to apply a four-year, look-back period from the date the filing for reassessment is made.
Intercounty pipeline rights-of-way: Assessors value intercounty pipeline rights-of-way according to a codified assessment valuation methodology, which reflected an agreement between assessors and intercounty pipeline right-of-way owners after litigation transferred the assessment duty from BOE to assessors in 1993 in Southern Pacific Pipe Lines, Inc. v. State Board of Equalization, (14 Cal.App.4th 42). Before the case, BOE assessed the pipelines, necessary operational equipment, land, and rights-of-way, but the Court held that assessors must value the land and rights-of-way because the Constitution only directs the BOE to assess pipelines. Essentially, assessors determine value based on the density classification of the pipeline on a per-mile basis, and that value is rebuttably presumed to be correct. The Legislature extended the methodology twice, and is currently set to expire on January 1, 2016. This bill extends the methodology five years until January 1, 2021.
Additionally, current law provides that any unpaid taxes on intercounty pipeline rights-of-way are subject to the same penalties and collections provisions for all property taxes. This bill deletes that language and instead provides that taxes unpaid on the default date, plus penalties and costs, shall be transferred to the unsecured roll because rights of way cannot be treated like real property for collection purposes. The change would treat these rights-of-way similar to BOE assessed unitary property and oil and gas rights.
Cross Reference: Currently, counties can choose between several methodologies for assessors to value land enrolled in the California Land Conservation Act, known as the Williamson Act. One method, the "percentage of base year value," directs the assessor to multiply the factored base year value of the property by a percentage to determine its assessed value, with the percentage differing based on the kind of land: 70% for prime agricultural land, 80% for prime commercial rangeland, and 90% for other kinds of land. However, the code section that sets reimbursement amounts does not appropriately refer to these land types because the Legislature changed the references when it enacted SB 649 (Costa), Chapter 1019, Statutes of 1999, relating to farmland security zones. This bill updates the cross-references.
Property Tax Payment Date: Information technology has allowed tax collector's offices to publish tax information electronically instead of using paper methods. However, some statutes have not been updated, leading to inefficiencies. Specifically, R&TC Section 2609 provides that the tax collector must publish a notice, with specified information regarding the payment of taxes "on or before the date taxes are payable." However, counties now post these notices on the Internet, instead of the tax collector, often without coordinating with tax collectors. Some tax collectors have interpreted this section to mean that they are unable accept payments taxpayers remit until the county Web site administrator posts the notice. This bill replaces the phrase "before the date taxes are payable" with "November 1st," the first day taxes are due and payable, to ensure tax collectors can accept payments starting on November 1st.
Maintenance of Defense in Tax Sales: Existing law requires persons challenging tax sales in court to do so within one year of the date of the execution of the tax collector's deed. In 2011, the Legislature amended the section to additionally require the person to first petition the board of supervisors to rescind the sale within one year before going to court, and reset the time restriction for a challenge to one year after the date the board rejects the rescission petition. However, existing law provides that a defense can only be maintained for one year after the execution date of the deed, and does not take into account subsequent changes. This bill allows the defense to be maintained for challenges initiated one year after the board's rejection of the rescission petition
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Carlos Anguiano / REV. & TAX. / (916) 319-2098
SB 803
Page 6
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
CONSENT
Bill No: SB 803
Author: Committee on Governance and Finance
Introduced: 3/24/15
SENATE GOVERNANCE & FIN. COMMITTEE: 6-0, 4/29/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Pavley
NO VOTE RECORDED: Moorlach
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
California Association of County Treasurer-Tax Collectors
DIGEST: This bill makes seven changes to property tax administration law.
Existing law:
Excludes from change of ownership reassessment real property transferred from parents to children upon timely filing a claim, but the exemption usually doesn’t apply for changes in legal entities, like corporations or partnerships, except for transfers in legal entities that own any of the below properties. In these cases, the pro rata share of the legal interest in the project that a parent transfers to a child isn’t reassessed:
Exempts from reassessment parent-child transfers in legal entities for cooperative housing (Revenue and Taxation Code § 63.1).
Allows tenants to purchase mobile home parks (R&T§62.1) and floating home marinas (R&T §62.5) without reassessment, and additionally allows any other exclusion to apply.
Allows taxpayers who have property taken or purchased by a public agency to transfer their base-year values to a replacement property, starting with the first month after the taxpayer purchases the replacement property. Taxpayers must request the transfer within four years as part of the implementing statute, but Board of Equalization (BOE) Rules require the taxpayer to identify the replacement property as part of the request for the transfer, and direct the taxpayer to make a timely filed request for the assessor to grant the transfer.
Provides that all property is taxable unless explicitly exempted by the Constitution or federal law.
Imposes the possessory interest tax on independent, durable, and exclusive real property interests located on publicly-owned land.
Sets forth a specific methodology for valuing the possessory interests of tenants in buildings owned by the California State Teachers’ Retirement System (CALSTRS), valuing each tenant’s possessory interest tax by calculating each tenant’s share of the building on a square footage basis, multiplied that share by the building’s full cash value, and then applying the appropriate rate.
Allows BOE to enact rules, regulations, and other advice for assessors, including regarding the valuation of possessory interests.
Allows counties to choose between several methodologies for assessors to value land enrolled in the California Land Conservation Act, known as the Williamson Act.
Under the “percentage of base year value” method, directs assessors to multiply the factored base year value of the property by a percentage to determine its assessed value, with the percentage differing based on the kind of land: 70% for prime agricultural land, as defined in Government Code 16142 (a), 80% for prime commercial rangeland, and 90% for non-prime agricultural land in GC 16142 (b).
Defines “prime agricultural land,” in Government Code 16142 (a)(1) and “non-prime agricultural land” in 16142 (b)(1).
Requires the tax collector to publish a notice, with specified information regarding the payment of taxes “on or before the date taxes are payable.”
Requires persons challenging tax sales in Court to do so within one year of the date of the execution of the tax collector’s deed.
Additionally requires the person challenging the sale to first petition the board of supervisors to rescind the sale within one year before going to court, and reset the time restriction for a challenge to one year after the date the board rejects the rescission petition (AB 261, Dickinson, Chapter 288, Statutes of 2011).
Provides that a defense can only be maintained for one year after the execution date of the deed as part of the tax sale.
Directs assessors value intercounty pipeline rights-of-way according to a codified assessment valuation methodology.
States that a value based on the density classification of the pipeline on a per-mile basis is rebuttably presumed to be correct.
Provides that any unpaid taxes on intercounty pipeline rights-of-way are on the secured roll, and thereby subject to the same penalties and collections provisions for all real property taxes.
Sunsets the intercounty pipeline rights-of-way methodology on January 1, 2016.
This bill:
Adds to the list of legal entity changes eligible for the parent-child transfer in §63.1 the pro rata ownership interest in resident-owned floating home marinas and mobile home parks.
Requires that the assessor apply a base-year value transfer resulting from eminent domain on the lien date of the assessment year in which the taxpayer files the request if the taxpayer filed the request after the four-year deadline.
Precludes cancellations of taxes or refunds for taxpayers who do not file the request before the four-year deadline, which assessors can grant to taxpayers who file the request before the deadline.
Provides that the assessor should adjust the value of the property for inflation, as well as any changes in ownership, after applying the transfer.
Strikes the assessment methodology to value possessory interests in CALSTRS, and instead directs assessors to value these interests in accordance with BOE regulations.
Corrects erroneous cross references for the “percentage of base year value” method for valuing land enrolled in the California Land Conservation Act.
Replaces “before the date taxes are payable” with “November 1st” for purposes of the tax collector publishing a notice regarding property tax payments.
Allows tax collectors to maintain a defense to tax sale for challenges initiated for one year after the board of supervisor’s rejection of the rescission petition.
Extends the methodology to value intercounty pipeline rights-of-way until January 1, 2021, and provides that unpaid taxes on the default date plus penalties and costs shall be transferred to the unsecured roll.
Comments
In 1850, the Legislature first directed county assessors to tax property; however, assessors in different counties often applied different tax rates and methods of assessment. The California Constitution of 1879 created BOE to equalize rates and assessment practices among counties, and state law directs BOE to oversee county assessors. BOE annually reviews property tax statutes and makes recommendations to the Legislature for changes to aid property tax administration, or respond to recent litigation. Additionally, county treasurer-tax collectors, who administer property tax billing, collection, and property tax sales, make similar recommendations to improve implementation of property tax law. SB 803 includes suggestions from both.
Provision #1 adds exclusions allowed by two other parts of the law into the foundational section on parent-child transfers.
Provision #2 responds to a recent Fourth District Court of Appeals ruling in Olive Lane Industrial Park, LLC v. County of San Diego (2014, D063337) in the case of a taxpayer who had property taken by eminent domain and purchased replacement property within four years of the date of the taking, but didn’t file the claim until five and a half years after that date. The Court ruled that the assessor wrongfully denied the exemption claim because the Constitutional exclusion doesn’t contain any deadlines, the Legislature has allowed taxpayers to obtain relief when taxpayers file request for other Constitutional property tax exclusions filed after the deadline, and the deadline undermines the purpose of the Constitutional exclusion.
Provision #3 responds to a recent Second District Court of Appeals decision that held unconstitutional the methodology for valuing possessory interests of tenants in CALSTRS-owned buildings in CALSTRS v. County of Los Angeles (2013, B225245). The Court reasoned that the possessory interest tax applies to the lessee’s right to possess the real property for a specified period, but doesn’t account for CALSTRS’s reversionary interest, or its right to possess the property at a future date, thereby imposing a tax that exceeds the taxpayer’s full market value of the possessory interest. Additionally, the court stated that to base the tenant’s share of the tax based on the building’s full cash value amounted to taxing exempt property owned by a public agency.
Provision #4 corrects an erroneous cross-reference.
Provision #5 changes the law to account for counties now posting notices on the internet, instead of the tax collector, often without coordinating with tax collectors. Some tax collectors have interpreted this section, to mean that they can’t accept payments taxpayers remit until the county website administrator posts the notice.
Provision #6 extends the period of time for tax collectors to maintain a defense to a tax sale to account for AB 261’s change that requires a petition first be filed with the county board of supervisors before proceeding to Court.
Provision #7 extends the sunset on the methodology assessors use to value intercounty pipeline rights-of-way, first enacted in 1996 (AB 1286, Takasugi, Chapter 76, Statutes of 1996), which reflected an agreement between assessors and intercounty pipeline right-of-way owners after litigation transferred the assessment duty from BOE to assessors in 1993 in Southern Pacific Pipe Lines, Inc. v. State Board of Equalization ( 14 Cal.App.4th 42). Before the case, BOE assessed the pipelines, necessary operational equipment, land, and rights-of-way, but the Fourth District Court of Appeals held that assessors must value the land and rights-of-way because the Constitution only directs the BOE to assess pipelines. Essentially, assessors determine value based on the density classification of the pipeline on a per-mile basis, and that value is rebuttably presumed to be correct. The Legislature has extended the methodology twice before, and it’s set to expire again on January 1, 2016. (AB 2612, Brewer, Chapter 206, Statues of 2000, and SB 1494, Committee on Revenue and Taxation, Chapter 654, Statutes of 2010).
Additionally, current law provides that any unpaid taxes on intercounty pipeline rights-of-way are subject to the same penalties and collections provisions for all property taxes. However, rights of way can’t be treated like real property for collection purposes, as the tax collector can neither issue liens nor sell them at tax sales, so they shouldn’t be treated as such by being on the secured roll. The change would treat these rights-of-way similar to BOE assessed unitary property and oil and gas rights.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 5/12/15)
Board of Equalization (co-source)
California Association of County Treasurer-Tax Collectors (co-source)
OPPOSITION: (Verified 5/12/15)
None received
ARGUMENTS IN SUPPORT: According to the author, SB 803 consolidates seven technical, noncontroversial changes to property tax law recommended by the State Board of Equalization and the California Association of County Treasurer Tax Collectors to improve property tax administration and respond to recent litigation. Consolidating several consensus items into a single bill conserves legislative resources. Senate Rule 23 requires all members of the Committee to sign Committee Bills prior to introduction, so SB 803 can only contain items with universal agreement; should anyone object to a provision in the measure, it will be removed.
Prepared by: Colin Grinnell / GOV. & F. / (916) 651-4119
5/13/15 16:07:03
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SB 803 (Committee on Governance and Finance) 3/24/15 Page 4 of 4
6SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
Bill No: |
SB 803 |
Hearing Date: |
4/29/15 |
Author: |
Committee on Governance and Finance |
Tax Levy: |
No |
Version: |
3/24/15 |
Fiscal: |
Yes |
Consultant: |
Grinnell |
||
PROPERTY TAXATION
Makes seven changes to property tax administration law.
Background, Existing Law, and Proposed Law
In 1850, the Legislature first directed county assessors to tax property; however, assessors in different counties often applied different tax rates and methods of assessment. The California Constitution of 1879 created BOE to equalize rates and assessment practices among counties, and state law directs BOE to oversee county assessors. BOE annually reviews property tax statutes and makes recommendations to the Legislature for changes to aid property tax administration, or respond to recent litigation. Additionally, county treasurer-tax collectors, who administer property tax billing, collection, and property tax sales at the county level, make similar recommendations to improve implementation of property tax law.
I. Code consistency. Real property transferred from parents to children is generally excluded from change of ownership reassessment upon timely filing a claim, but the exemption usually doesn’t apply for changes in legal entities, like corporations or partnerships. One specific exception is for parent-child transfers in legal entities in resident-owned floating home marinas and mobile home parks, as well as cooperative housing, where the pro rata share of the legal interest in the project that a parent transfers to a child isn’t reassessed. While Revenue and Taxation Code § 63.1 allows for parent-child transfers in legal entities for cooperative housing, mobile home parks and floating home marinas are not explicitly listed; instead, the exclusion is allowed by more general language in the code sections that allow tenants to purchase mobile home parks (§62.1) and floating home marinas (§65) without reassessment. Senate Bill 803 explicitly adds to the list of legal entity changes, eligible for the parent-child transfer in §63.1 the pro rata ownership interest in resident-owned floating home marinas and mobile home parks.
II. Eminent domain base year value transfers. Another exclusion from change of ownership reassessment exists for base-year value transfers for taxpayers, who have property taken or purchased by a public agency. A taxpayer who has property purchased or taken by a public agency in an eminent domain, or inverse condemnation proceeding can transfer the original property’s base year value and apply it to a new property, starting with the first month after the taxpayer purchases the replacement property. When the voters enacted this exclusion in the California Constitution with Proposition 3 in 1982, the Legislature required affected taxpayers to request the transfer within four years as part of the implementing statute. BOE rule also requires the taxpayer to identify the replacement property as part of the request for the transfer, and that the taxpayer must make a timely filed request. Recently, the Fourth District Court of Appeals ruled that denying the transfer based on missing the filing deadline conflicted with the Constitution’s exclusion in Olive Lane Industrial Park, LLC v. County of San Diego (2014, D063337). The Court ruled that a taxpayer who had property taken by eminent domain and purchased replacement property within four years of the date of the taking, but didn’t file the claim until five and a half years after that date, should’ve been entitled to apply the transfer after filing the request. The Court reasoned that the Constitutional exclusion doesn’t contain any deadlines, the Legislature has allowed taxpayers to obtain relief when taxpayers file request for other Constitutional property tax exclusions filed after the deadline, and the deadline undermines the purpose of the Constitutional exclusion. In response to the Court’s decision, SB 803 requires the transfer be applied on the lien date of the assessment year, in which the taxpayer files the request if the taxpayer filed the request after the four-year deadline. However, the measure precludes cancellations of taxes or refunds for taxpayers who do not file the request before the four-year deadline, which assessors can grant to taxpayers who file the request before the deadline. The bill additionally provides that the assessor should adjust the value of the property for inflation, as well as any changes in ownership after applying the transfer.
III. Possessory interests in CALSTS properties. The California Constitution provides that all property is taxable unless explicitly exempted by the Constitution or federal law. The possessory interest tax is imposed on real property interests located on public land that are independent, durable, and exclusive, all terms defined by statute and case law. Basically, private interests on federal land, such as a vacation cabin on Forest Service land, are subject to the possessory interest tax, because the taxpayer “possesses” interests in the property despite not owning it.
As a public agency, the California State Teachers’ Retirement System (CALSTRS) doesn’t pay property taxes, so its tenants such as coffee shops and restaurants pay the possessory interest tax instead. In 1992, the Legislature created a different methodology for valuing possessory interests on tenants in buildings owned by CALSTRS (SB 1687, Greene). The assessor determined each tenant’s possessory interest tax by calculating each tenant’s share of the building on a square footage basis, multiplied that share by the building’s full cash value, and then applied the appropriate rate. Recently, a taxpayer challenged this method, and the Second District Court of Appeals deemed it unconstitutional in CALSTRS v. County of Los Angeles (2013, B225245). The Court reasoned that the possessory interest tax applies to the lessee’s right to possess the real property for a specified period, but doesn’t account for CALSTRS’s reversionary interest, or its right to possess the property at a future date, thereby imposing a tax that exceeds the taxpayer’s full market value of the possessory interest. Additionally, the court stated that to base the tenant’s share of the tax based on the building’s full cash value amounted to taxing exempt property owned by a public agency. Senate Bill 803 responds to the case by striking the assessment methodology the Court found constitutionally defective, and instead directs assessors to value possessory interests in CALSTRS in accordance with BOE regulations.
IV. Cross references. Currently, counties can choose between several methodologies for assessors to value land enrolled in the California Land Conservation Act, known as the Williamson Act. One method, the “percentage of base year value,” directs the assessor to multiply the factored base year value of the property by a percentage to determine its assessed value, with the percentage differing based on the kind of land: 70% for prime agricultural land, 80% for prime commercial rangeland, and 90% for other kinds of land. However, the code section that sets reimbursement amounts doesn’t appropriately refer to these land types because the Legislature changed the references when it enacted farmland security zones (SB 649, Costa, 1999). SB 803 updates the cross references.
V. Property tax payment date. Information technology has allowed tax collector’s offices to publish tax information electronically instead of using paper methods. However, some statutes haven’t been updated, leading to inefficiencies. Among these, Revenue and Taxation Code §2609 provides that the tax collector must publish a notice, with specified information regarding the payment of taxes “on or before the date taxes are payable.” However, counties now post these notices on the internet, instead of the tax collector, often without coordinating with tax collectors. Some tax collectors have interpreted this section, to mean that they can’t accept payments taxpayers remit until the county website administrator posts the notice. Senate Bill 803 replaces the phrase “before the date taxes are payable” with “November 1st,” the first day taxes are due and payable, to ensure tax collectors can accept payments starting on November 1st.
VI. Maintenance of defense in tax sales. Revenue and Taxation Code §3725 requires persons challenging tax sales in court to do so within one year of the date of the execution of the tax collector’s deed. In 2011, the Legislature amended the section to additionally require the person to first petition the board of supervisors to rescind the sale within one year before going to court, and reset the time restriction for a challenge to one year after the date the board rejects the rescission petition (AB 261, Dickinson, 2011). However, §3726 provides that a defense can only be maintained for one year after the execution date of the deed, and doesn’t take into account AB 261’s changes. SB 803 additionally allows the defense to be maintained for challenges initiated one year after the board’s rejection of the rescission petition.
VII. Intercounty pipeline rights-of-way. Assessors value intercounty pipeline rights-of-way according to a codified assessment valuation methodology (AB 1286, Takasugi, 1996), which reflected an agreement between assessors and intercounty pipeline right-of-way owners after litigation transferred the assessment duty from BOE to assessors in 1993 in Southern Pacific Pipe Lines, Inc. v. State Board of Equalization,( 14 Cal.App.4th 42). Before the case, BOE assessed the pipelines, necessary operational equipment, land, and rights-of-way, but the Fourth District Court of Appeals held that assessors must value the land and rights-of-way because the Constitution only directs the BOE to assess pipelines. Essentially, assessors determine value based on the density classification of the pipeline on a per-mile basis, and that value is rebuttably presumed to be correct. The Legislature has extended the methodology twice, and it’s set to expire again on January 1, 2016. (AB 2612, Brewer, 2000, and SB 1494, Committee on Revenue and Taxation, 2010). Senate Bill 803 extends the methodology five years until January 1, 2021.
Additionally, current law provides that any unpaid taxes on intercounty pipeline rights-of-way are subject to the same penalties and collections provisions for all property taxes. Senate Bill 803 deletes that language, instead providing that taxes unpaid on the default date plus penalties and costs shall be transferred to the unsecured roll because rights of way can’t be treated like real property for collection purposes, as the tax collector can neither issue liens nor sell them at tax sales, so they shouldn’t be treated as such by being on the secured roll. The change would treat these rights-of-way similar to BOE assessed unitary property and oil and gas rights.
State Revenue Impact
Pending
Comment
Purpose of the bill: SB 803 consolidates seven technical, noncontroversial changes to property tax law recommended by the State Board of Equalization and the California Association of County Treasurer Tax Collectors to improve property tax administration and respond to recent litigation. Consolidating several consensus items into a single bill conserves legislative resources. Senate Rule 23 requires all members of the Committee to sign Committee Bills prior to introduction, so SB 802 can only contain items with universal agreement; should anyone object to a provision in the measure, it will be removed.
Support and Opposition
4/23/15
Support: State Board of Equalization, California Association of County Treasurer-Tax Collectors.
Opposition:
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Bill Author
Bill Co-Author(s):