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AB-1574 Property taxation: change in ownership: mobilehome parks.(2017-2018)

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Date Published: 03/29/2017 09:00 PM
AB1574:v98#DOCUMENT

Amended  IN  Assembly  March 29, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 1574


Introduced by Assembly Member Mayes

February 17, 2017


An act to amend Section 17004 of add Section 62.4 to the Revenue and Taxation Code, relating to taxation. taxation, to take effect immediately, tax levy.


LEGISLATIVE COUNSEL'S DIGEST


AB 1574, as amended, Mayes. Personal income taxes. Property taxation: change in ownership: mobilehome parks.
The California Constitution generally limits the amount of ad valorem tax on real property to 1% of the full cash value of that property and defines “full cash value” as the county assessor’s valuation of real property as shown on the 1975–76 tax bill under “full cash value” or, thereafter, the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred. Existing property tax law provides that specified transfers are not deemed a change in ownership.
This bill, for property tax lien dates occurring on and after January 1, 2018, would also exclude from the definition of “change in ownership” the transfer of a mobilehome park that is restricted to persons 55 years of age and older.
By changing the manner in which local assessors determine when a change in ownership occurs, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the state 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 those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.
This bill would take effect immediately as a tax levy.

The Personal Income Tax Law defines a taxpayer for purposes of that law.

This bill would make nonsubstantive changes to that definition.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 62.4 is added to the Revenue and Taxation Code, to read:

62.4.
 For property tax lien dates occurring on and after January 1, 2018, a change in ownership does not include the transfer of a mobilehome park that is restricted to persons 55 years of age and older.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 3.

 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.

SEC. 4.

 This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
SECTION 1.Section 17004 of the Revenue and Taxation Code is amended to read:
17004.

“Taxpayer” includes any individual, fiduciary, estate, or trust subject to any tax that is imposed by this part, or any partnership.