AB 2046

  • California Assembly Bill
  • 2011-2012 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 31, 2012
  • Passed Senate Aug 27, 2012
  • Signed by Governor Sep 30, 2012

Property taxation: change in ownership: exclusion: floating homes.

Abstract

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 the assessor's valuation of real property as shown on the 1975–76 tax bill under "full cash value" or, thereafter, the appraised value of that real property when purchased, newly constructed, or a change in ownership has occurred. Existing property tax law specifies those circumstances in which the transfer of ownership interests results in a change in ownership of the real property, and provides that certain transfers do not result in a change of ownership. This bill would provide that a transfer of a floating home marina, as defined, to a nonprofit corporation, stock cooperative corporation, limited equity stock cooperative, or other entity formed by the tenants of a floating home marina for the purpose of purchasing the floating home marina does not constitute a change in ownership, provided that a specified condition is met. This bill would also provide that, if the transfer of a floating home marina has been excluded from a change in ownership and the floating home marina has not been converted, as specified, any transfer of shares of the voting stock of, or other ownership or membership interests in, the entity that acquired the floating home marina shall be a change in ownership of a pro rata portion of the real property, as defined, of the floating home marina. This bill would require a floating home marina that does not utilize recorded deeds to transfer ownership interest in the berths to file a report with the county assessor's office, as specified. This bill would require the new resident owner or other purchaser or transferee of a floating home within a floating home marina that does not utilize recorded deeds to transfer ownership interest in the berths to file a specified change in ownership statement, which is required to be filed under penalty of perjury, within 30 days of a change in ownership. By imposing new duties upon local officials with respect to changes in ownership of floating home marinas, and by expanding the crime of perjury, 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 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. 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. This bill would take effect immediately as a tax levy.

Bill Sponsors (2)

Votes


Actions


Sep 30, 2012

California State Legislature

Chaptered by Secretary of State - Chapter 817, Statutes of 2012.

California State Legislature

Approved by the Governor.

Sep 13, 2012

California State Legislature

Enrolled and presented to the Governor at 12:15 p.m.

Aug 28, 2012

Assembly

In Assembly. Ordered to Engrossing and Enrolling.

Aug 27, 2012

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 3. Page 4869.).

Aug 20, 2012

Senate

Read second time. Ordered to third reading.

Aug 16, 2012

Senate

From committee: Do pass. (Ayes 7. Noes 0.) (August 16).

Aug 06, 2012

Senate

In committee: Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

Jul 05, 2012

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 3). Re-referred to Com. on APPR.

  • Referral-Committee
  • Committee-Passage
  • Committee-Passage-Favorable
Com. on APPR.

Jun 14, 2012

Senate

Referred to Com. on GOV. & F.

  • Referral-Committee
Com. on GOV. & F.

Jun 04, 2012

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

May 31, 2012

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 25. Page 5179.)

May 25, 2012

Assembly

Read second time. Ordered to third reading.

Assembly

From committee: Do pass. (Ayes 12. Noes 5.) (May 25).

May 22, 2012

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

May 21, 2012

Assembly

Read second time and amended.

May 17, 2012

Assembly

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (May 14).

May 08, 2012

Assembly

In committee: Set, second hearing. Referred to REV. & TAX. suspense file.

  • Referral-Committee
REV. & TAX. suspense file. REV. & TAX

Apr 16, 2012

Assembly

In committee: Set, first hearing. Hearing canceled at the request of author.

Mar 15, 2012

Assembly

Referred to Com. on REV. & TAX.

  • Referral-Committee
Com. on REV. & TAX.

Feb 24, 2012

Assembly

From printer. May be heard in committee March 25.

Feb 23, 2012

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB2046 HTML
02/23/12 - Introduced PDF
05/21/12 - Amended Assembly PDF
09/06/12 - Enrolled PDF
09/30/12 - Chaptered PDF

Related Documents

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Sources

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