Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2012
 

Revenue and Taxation Code

Property Taxation

Part 0.5. Implementation of Article XIII A of the California Constitution

Chapter 3.5. Change in Ownership and New Construction After the Lien Date


Chapter 3.5. Change in Ownership and New Construction After the Lien Date*

* Chapter 3.5 was added by Stats. 1983, Ch. 498, in effect July 28, 1983.

Note.Section 237 of Stats. 1983, Ch. 498, provided no payment by state to local agencies or school districts because of this act. Sec. 238 thereof provided the provisions of this act shall remain in effect unless and until they are amended or repealed by a later enacted act.

Article 1. Definitions and General Provisions

75. Legislative intent. It is the intent of the Legislature in enacting this chapter to fully implement Article XIII A of the California Constitution and to promote increased equity among taxpayers by enrolling and making adjustments of taxes resulting from changes in assessed value due to changes in ownership and completion of new construction at the time they occur. The Legislature finds and declares that under the law in effect prior to the enactment of this chapter, recognition of these increases is delayed from four to 16 months, which results in an unwarranted reduction of taxes for some taxpayers with a proportionate and inequitable shift of the tax burden to other taxpayers.

It is also the intent of the Legislature that the provisions of this chapter shall be limited to assessments on the supplemental roll which are authorized by the provisions of this chapter and none of its provisions shall be applied, construed, or used as a basis for interpreting legislative intent when determining the effect of any other provision of this division. The Legislature finds and declares that the supplemental assessment system created by this chapter involves practical tax administration considerations which require unique solutions. Except as expressly provided in Article 2.5 (commencing with Section 75.18), these solutions are not appropriate to the general assessment of property under the provisions of Chapter 3 (commencing with Section 401) of Part 2 and the adoption of the supplemental roll assessment system is not intended to affect the valuation or assessment provisions applicable to the regular assessment roll.

History.—Stats. 1983, Ch. 1102, in effect September 27, 1983, substituted "making adjustments of taxes resulting from changes" for "taxing increases" after "and" in the first sentence. Stats. 1984, Ch. 946, in effect September 10, 1984, substituted "16" for "sixteen" after "to" in the second sentence, first paragraph and added the second paragraph thereto.

Note.—Section 30 of Stats. 1984, Ch. 946, provided notwithstanding Section 2229, R. & T.C., the requirements of that section do not apply to the exemption of property for purposes of ad valorem property taxation provided by Section 217.1 of the Revenue and Taxation Code, as amended by this act. 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. Section 31 thereof provided no appropriation is made and no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution and Section 2231 or 2234 of the Revenue and Taxation Code because Chapter 1102 of the Statutes of 1983 provided that 5 percent of the revenues collected from taxes on the supplemental roll, as well as ten million dollars ($10,000,000) appropriated to the Supplemental Roll Administrative Cost Fund, be used to reimburse counties for any increased costs resulting from the enactment of Chapter 3.5 (commencing with Section 75) of Part 0.5 of Division 1 of the Revenue and Taxation Code. Section 32 thereof provided the provisions of this act shall remain in effect unless and until they are amended or repealed by a later enacted act.

75.1. Application. Except where the context or the specific provisions of this chapter otherwise require, all of the following apply:

(a) The definitions in this article govern the construction of this chapter.

(b) The other provisions of this division apply to assessments made pursuant to this chapter.

(c) The taxes due pursuant to this chapter are in addition to any other taxes due under this division.

75.2. "Current roll." "Current roll" means the roll for the fiscal year during which the change in ownership occurs or the new construction is completed.

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75.3. "The roll being prepared." "The roll being prepared" means the roll for the fiscal year following the fiscal year in which the change in ownership occurs or the new construction is completed.

75.4. "Current tax rate." "Current tax rate" means the tax rate applicable to the current roll, including any rate in excess of the limitation prescribed by subdivision (a) of Section 1 of Article XIII A of the California Constitution.

History.—Stats. 1983, Ch. 1102, in effect September 27, 1983, added ", including . . . Constitution" after "current roll".

75.5. "Property." "Property" means and includes manufactured homes subject to taxation under Part 13 (commencing with Section 5800) and real property, other than the following:

(a) Fixtures that are normally valued as a separate appraisal unit from a structure.

(b) Newly created taxable possessory interests, established by month-to-month agreements in publicly owned real property, having a full cash value of fifty thousand dollars ($50,000) or less.

History.—Stats. 1983, Ch. 1102, in effect September 27, 1983, substituted ", other than fixtures," for "other than trade fixtures" after "property", and added "and mobilehomes . . . Section 5800)" after "structure". Stats. 1984, Ch. 946, in effect September 10, 1984, deleted "; other than fixtures, which are normally valued as a separate appraisal unit from a structure and" after "property". Stats. 1987, Ch. 261, effective July 27, 1987, operative August 1, 1987, added ", other than fixtures which are normally valued as a separate appraisal unit from a structure," after "real property". Stats. 1994, Ch. 1222, in effect January 1, 1995, substituted "manufactured homes" for "mobilehomes" after "structure, and". Stats. 2000, Ch. 406 (AB 1966), in effect September 12, 2000, added "manufactured homes subject to taxation under Part 13 (commencing with Section 5800) and" after "includes", and added "the following:" after "other than" in the first paragraph; created new subdivision (a) with the balance of the former first sentence commencing with "Fixtures", substituted "that" for "which" after "Fixtures", and deleted ", and manufactured homes subject to taxation under Part 13 (commencing with Section 5800)" after "structure" therein; and added subdivision (b).

Note.—See note following Section 75.

Construction.—This section, which prior to September 10, 1984, provided that for the purposes of supplemental assessment real property did not include fixtures, did not amount to an unauthorized exemption in violation of Article XIII, Section 1 of the Constitution. Shafer v. State Board of Equalization, 174 Cal.App.3d 423.

75.6. "Fiscal year." "Fiscal year" means a fiscal year beginning July 1 and ending June 30.

75.7. "Supplemental roll." "Supplemental roll" means the roll prepared or amended in accordance with the provisions of this chapter and containing properties which have changed ownership or had new construction completed.

75.8. "New base year value." "New base year value" means the full cash value of property on the date it changes ownership or of new construction on the date it is completed.

75.9. "Taxable value." "Taxable value" means the base year full value adjusted for any given lien date as required by law or the full cash value for the same date, whichever is less. In the case of real property which, prior to the date of the change in ownership or completion of new construction, was assessed by the board pursuant to Section 19 of Article XIII of the California Constitution, "taxable value" means that portion of the state-assessed value determined by the board to be properly allocable to the property which is subject to the supplemental assessment.

History.—Added by Stats. 1983, Ch. 1102, in effect September 27, 1983. Stats. 1987, Ch. 498, in effect January 1, 1988, deleted "and includes" after "means" in the first sentence, and added the second sentence.

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Article 2. Assessments on the Supplemental Roll

75.10. New base year value. (a) Commencing with the 1983–84 assessment year and each assessment year thereafter, whenever a change in ownership occurs or new construction resulting from actual physical new construction on the site is completed, the assessor shall appraise the property changing ownership or the new construction at its full cash value (except as provided in Section 68 and subdivision (b) of this section) on the date the change in ownership occurs or the new construction is completed. The value so determined shall be the new base year value of the property or the new construction.

(b) For purposes of this chapter, "actual physical new construction" includes the removal of a structure from land. The new base year value of the remaining property (after the removal of the structure) shall be determined in the same manner as provided in subdivision (b) of Section 51.

(c) For purposes of this section, "actual physical new construction" includes the discovery of previously unknown reserves of oil or gas.

History.—Stats. 1984, Ch. 946, in effect September 10, 1984, added "(a)" before "commencing", and added "resulting from actual physical new construction on the site" after construction in the first sentence thereof, and added subdivision (b). Stats. 1985, Ch. 441, effective July 31, 1985, added "(except as provided in Section 68 and subdivision (b) of this section)" after "value" in the first sentence of subdivision (a), added subdivision (b), and relettered former subdivision (b) as (c). Stats. 1997, Ch. 940 (SB 542), in effect January 1, 1998, substituted "subdivision (b)" for "subdivision (c)" after "provided in" in the second sentence of subdivision (b).

Note.—See note following Section 75.

Construction.—The supplemental assessment provisions of this section do no more than affect the time at which existing real property taxes are calculated and imposed, implementing Article XIII A of the Constitution, and neither impose new ad valorem taxes in violation of Article XIII A, Sections 3 or 4, nor tax property which has not been taxed in the past. Shafer v. State Board of Equalization, 174 Cal.App.3d 423.

75.11. Supplemental assessments. (a) If the change in ownership occurs or the new construction is completed on or after January 1 but on or before May 31, then there shall be two supplemental assessments placed on the supplemental roll. The first supplemental assessment shall be the difference between the new base year value and the taxable value on the current roll. In the case of a change in ownership of the full interest in the real property, the second supplemental assessment shall be the difference between the new base year value and the taxable value to be enrolled on the roll being prepared. If the change in ownership is of only a partial interest in the real property, the second supplemental assessment shall be the difference between the sum of the new base year value of the portion transferred plus the taxable value on the roll being prepared of the remainder of the property and the taxable value on the roll being prepared of the whole property. For new construction, the second supplemental assessment shall be the value change due to the new construction.

(b) If the change in ownership occurs or the new construction is completed on or after June 1 but before the succeeding January 1, then the supplemental assessment placed on the supplemental roll shall be the difference between the new base year value and the taxable value on the current roll.

(c) If there are multiple changes in ownership or multiple completions of new construction, or both, with respect to the same real property during the same assessment year, then there shall be a net supplemental assessment placed on the supplemental roll, in addition to the assessment pursuant to subdivision (a) or (b). The net supplemental assessment shall be the most recent new base year value less the sum of (1) the previous entry or entries placed on the supplemental roll computed pursuant to subdivision (a) or (b), and (2) the corresponding taxable value on the current roll or the taxable value to be entered on the roll being prepared, or both, depending on the date or dates the change of ownership occurs or new construction is completed as specified in subdivisions (a) and (b).

(d) No supplemental assessment authorized by this section shall be valid, or have any force or effect, unless it is placed on the supplemental roll on or before the applicable date specified in paragraph (1), (2), or (3), as follows:

(1) The fourth July 1 following the July 1 of the assessment year in which the event giving rise to the supplemental assessment occurred.

(2) The eighth July 1 following the July 1 of the assessment year in which the event giving rise to the supplemental assessment occured, if the penalty provided for in Section 504 is added to the assessment.

(3) The eighth July 1 following the July 1 of the assessment year in which the event giving rise to the supplemental assessment occurred, if the change in ownership was unrecorded and a change in ownership statement required by Section 480 or preliminary change in ownership report, as required by Section 480.3, was not timely filed.

(4) Notwithstanding paragraphs (1), (2), and (3), there shall be no limitations period on making a supplemental assessment, if the penalty provided for in Section 503 is added to the assessment.

For the purposes of this subdivision, "assessment year" means the period beginning annually as of 12:01 a.m. on the first day of January and ending immediately prior to the succeeding first day of January.

(e) If, before the expiration of the applicable period specified in subdivision (d) for making a supplemental assessment, the taxpayer and the assessor agree in writing to extend the period for making a supplemental assessment, correction, or claim for refund, a supplemental assessment may be made at any time prior to the expiration of that extended period. The extended period may be further extended by successive written agreements entered into prior to the expiration of the most recent extension.

History.—Stats. 1983, Ch. 1102, in effect September 27, 1983, substituted "May 31" for "June 30" after "before" in the first sentence of subdivision (a), and substituted "June 1" for "July 1" after "or after" in subdivision (b). Stats. 1984, Ch. 946, in effect September 10, 1984, added "In the case of . . . property", before "the second" in the third sentence of subdivision (a), and added the fourth and fifth sentences. Stats. 1992, Ch. 663, in effect September 14, 1992, added subdivisions (d) and (e). Stats. 1993, Ch. 589, in effect January 1, 1994, substituted "changes" for "change" after "multiple", substituted "or multiple . . . respect to" for "occurrences of, or new construction completions to," after "ownership", and deleted "or both" after "real property" in the first sentence of subdivision (c). Stats. 1994, Ch. 544, in effect January 1, 1995, substituted "(1) or (2)" for "(1), (2), or (3)" after "paragraph" in subdivision (d); substituted "either a . . . was completed" for "the event giving rise to the supplemental assessment occurred" after "in which" in paragraphs (1) and (2) of subdivision (d), and deleted former paragraph (3) of subdivision (d) which provided "(3) The eighth July 1 following the July 1 of the assessment year in which the event giving rise to the supplemental assessment occurred, if the change of ownership or change in control was unrecorded and a change in ownership statement required by Section 480, 480.1, or 480.2 was not filed."; and added second sentence to second paragraph of subdivision (d), "No limitations period . . . been completed." after "first day of March." Stats. 1995, Ch. 499, in effect January 1, 1996, operative January 1, 1997, substituted "January" for "March" throughout text; added "a preliminary . . . 480.3," after "or 480.2" in paragraph (1) of subdivision (d), and added "a preliminary . . . 480.3," after "or 480.2" in paragraph (2) of subdivision (d). Stats. 2000, Ch. 647 (SB 2170), in effect January 1, 2001, substituted "(1), (2), or (3)," for "(1) or (2)," after "paragraph" in the first sentence of the first paragraph of subdivision (d), added paragraphs (3) and (4) therein, and deleted the former second sentence of the second paragraph which provided, "No limitations period specified in paragraph (1) or (2) shall commence unless the filing or transmittal specified in the relevant paragraph has been completed." Stats. 2001, Ch. 407 (SB 1181), in effect January 1, 2002, substituted "the event giving rise to the supplemental assessment occurred" for "either a statement reporting the change in ownership was filed pursuant to Section 480, 480.1, or 480.2, a preliminary change in ownership report was filed pursuant to Section 480.3, or the new construction was completed" after "in which" in the first sentence of paragraph (1), substituted "eighth" for "sixth" after "The", and substituted "the event giving rise to the supplemental assessment occurred" for "either a statement reporting the change in ownership was filed pursuant to Section 480, 480.1, or 480.2, a preliminary change in ownership report was filed pursuant to Section 480.3, or the new construction was completed" after "in which" in the first sentence of paragraph (2) of subdivision (d). Stats. 2003, Ch. 471 (SB 1062), in effect January 1, 2004, deleted "or change in control" after "change in ownership" in the first sentence of subparagraph (3) and substituted "limitation" for "limitations" after "shall be no" in the first sentence of subparagraph (4) of subdivision (d).

Note.—Section 3 of Stats. 1992, Ch. 663 stated that it is the intent of the Legislature that the amendments made to this section shall not be construed to alter in any way the application of the limitations period for escape assessments, established in Section 532 of the Revenue and Taxation Code, and interpreted in the case of Blackwell Homes v. County of Santa Clara, 226 Cal.App.3d 1009.

Note.—Section 21 of Stats. 1995, Ch. 499, provides that the change in the property tax lien date made by that act shall apply with respect to the January 1, 1997, lien date and each lien date thereafter.

Note.—See note following Section 75.

Note.—Section 12 of Stats. 2001, Ch. 407 (SB 1181) provided that notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.

Construction.—The supplemental assessment provisions of this section do no more than affect the time at which existing real property taxes are calculated and imposed, implementing Article XIII A of the Constitution, and neither impose new ad valorem taxes in violation of Article XIII A, Sections 3 or 4, nor tax property which has not been taxed in the past. Shafer v. State Board of Equalization, 174 Cal.App.3d 423. Unless a county places supplemental assessments on the supplemental roll within the time limitations of subdivision (d) of this section, the county is forever barred from seeking those supplemental assessments. Montgomery Ward & Co., Inc. v. Santa Clara County, 47 Cal.App.4th 1122.

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75.12. New construction; notice to assessor. (a) For the purposes of this chapter, new construction shall be deemed completed on the earliest of the following dates:

(1) (A) The date upon which the new construction is available for use by the owner, unless the owner does not intend to occupy or use the property. The owner shall notify the assessor prior to, or within 30 days of, the date of commencement of construction that he or she does not intend to occupy or use the property. If the owner does not notify the assessor as provided in this subdivision, the date shall be conclusively presumed to be the date of completion.

(B) Notwithstanding subparagraph (A), an owner is not required to provide the notice described in subparagraph (A) and it is rebuttably presumed that a supplemental assessment is not required on property described in clauses (i) to (iii), inclusive, if the owner's property meets all of the following conditions:

(i) The property is subdivided into five or more parcels in accordance with the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), or any successor to that law.

(ii) A map describing the parcels has been recorded.

(iii) Zoning regulations that are applicable to the parcels or building permits for the parcels require that, except for parcels dedicated for public use, single-family residences will be constructed on the parcels.

(2) If the owner does not intend to occupy or use the property, the date the property is occupied or used with the owner's consent.

(3) If the property cannot be functionally used or occupied on the date it is available for use considering the type of property and any special facts and circumstances affecting use or occupancy, the date the property can be functionally used or occupied.

(b) For the purposes of this section:

(1) "Occupy or use" means the occupancy or use by the owner, including the rental or lease of the property, except as provided in paragraph (2).

(2) Property shall not be considered occupied or used by the owner or with the owner's consent if the occupancy or use is incidental to an offer for a change of ownership, including, but not limited to, use of the property as a model home.

(c) The board, after consultation with the California Assessors Association, shall adopt rules and regulations defining the date of completion of new construction in accordance with this section. The rules and regulations shall not define the date of completion in a manner that the date of completion of all new construction is postponed until the following lien date.

(d) Nothing in this section shall preclude the reassessment of that property on the assessment roll for January 1 following the date of completion.

(e) The owner of any property who notifies the assessor pursuant to subdivision (a) that he or she does not intend to occupy or use the property shall notify the assessor within 45 days of the earliest date that any of the following occur:

(1) The property changes ownership pursuant to an unrecorded contract of sale.

(2) The property is leased or rented.

(3) The property is occupied or used by the owner for any purpose other than provided in subdivision (b).

(4) The property is occupied or used with the owner's consent for any purpose other than provided in subdivision (b).

(f) The failure to provide the assessor the notice required by subdivision (e), whether requested or not, shall result in a penalty in the amount specified in Section 482.

History.—Repealed and added by Stats. 1984, Ch. 946, in effect September 10, 1984. Stats. 1985, Ch. 542, effective September 9, 1985, deleted the former second paragraph of subdivision (c), which provided that rules and regulations adopted pursuant to the section would not be subject to review and approval of the Office of Administration Law. Stats. 1995, Ch. 449, in effect January 1, 1996, operative January 1, 1997, deleted "such" after "completion in" in subdivision (c), substituted "that" for "any such" after "reassessment of", and substituted "January" for "March" after "roll for" in subdivision (d). Stats. 2005, Ch. 264 (SB 555), in effect January 1, 2006, designated former paragraph (1) of subdivision (a) as subparagraph (A) thereof and added subparagraph (B) thereto.

Note.—See note following Section 75.

Construction.—The provisions of this section do not violate Article XIII A, Section 1 of the Constitution, since the Legislature may distinguish or defer assessment in favor of a particular class to promote a legitimate state interest. Neither do they violate the equal protection clauses of the federal and state Constitutions, since the Legislature has broad power in making classifications and drawing lines to implement a reasonable system of taxation Shafer v. State Board of Equalization, 174 Cal.App.3d 423. Local ordinances, such as the date of a property's final inspection, do not conclusively establish the date of completion of new construction or that an addition is "available for use." If new construction cannot be functionally used or occupied on the date that it is otherwise available for use, the date of its availability for use does not establish the date of completion even if a final inspection from the county has been approved. Rather, the property is not considered complete until it is functionally usable or when outward appearances clearly indicate that the new construction is immediately usable for the purposes intended. Georgie v. County of Santa Clara, 151 Cal.App.4th 1428.

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75.13. Supplemental assessment not an escape assessment. Any supplemental assessment shall not be deemed to be an escaped assessment subject to Section 4837.5.

History.—Stats. 1983, Ch. 1224, in effect January 1, 1984, substituted "4837.5" for "532.5" after "Section". Stats. 1984, Ch. 946, in effect September 10, 1984, deleted "made within one year of the date of the change in ownership or the completion of new construction" after the first "assessment".

Note.—See note following Section 75.

75.14. Supplemental assessment; limitation. A supplemental assessment pursuant to this chapter shall not be made for any property not subject to the assessment limitations of Article XIII A of the California Constitution. All property subject to the assessment limitations of Article XIII A of the California Constitution shall be subject to the provisions of this chapter, except as otherwise provided in this article.

History.—Added by Stats. 1983, Ch. 1102, in effect September 27, 1983.

75.15. Taxable fixtures. (a) For fixtures, other than fixtures that are included in a change in ownership or that are included in a structure and are assessed at the completion of the new construction of a structure pursuant to Section 75.12, taxpayers shall report to the assessor once each year at the time the annual property statement is due, on the fixtures added to real property and fixtures removed from real property, the dates of those additions and removals, and the cost of each in the applicable period as follows:

(1) In 1997, the prior 10-month period from March 1 to January 1.

(2) In 1998 and each year thereafter, the prior 12-month period from January 1 to January 1.

This reporting requirement shall not apply to fixtures added or removed on or after the first day of the month following the effective date of the act adding this sentence to this subdivision. One supplemental tax bill shall be prepared for those fixtures based on the cost of the fixtures added and subtracted from real property, the date of each addition or subtraction, and the appropriate tax rate computed pursuant to Section 75.41.

The taxes due from the resulting tax bill shall be collected in the same manner and at the same times as other supplemental tax bills mailed on the same date.

(b) For the purposes of the supplemental roll, taxpayers shall report pursuant to this section only those fixtures which are taxable on the supplemental roll.

(c) This section shall become operative on March 1, 1987.

History.—Added by Stats. 1984, Ch. 946, in effect September 10, 1984, operative March 1, 1987, Stats. 1985, Ch. 186, effective January 1, 1986, substituted "cost" for "values" in the first sentence after "the" and after "on the" in the second sentence of subdivision (a). Stats. 1987, Ch. 261, in effect July 27, 1987, operative August 1, 1987, deleted ", beginning in 1987," after "report" in the first sentence, and added the second sentence of the first paragraph of subdivision (a); and deleted ", and shall apply to supplemental taxes for the 1987–88 fiscal year and fiscal years thereafter". Stats. 1995, Ch. 499, in effect January 1, 1996, operative January 1, 1997, substituted "in" for "of" after "a change", substituted "that" for "which" after "or", added "applicable period as follows:" after "each in the", created new paragraph (1) in subdivision (a) with the balance of the former first sentence and added "in 1997, the" before "prior", substituted "10-month" for "12-month" and substituted "January" for "March" therein; added paragraph (2) to subdivision (a) and substituted "This" for "That" in the second paragraph of subdivision (a).

Construction.—Computer system weighing 16 tons, assembled into a particular configuration and, although involved, removable from the realty without damage to the system or realty was not a fixture by virtue of its weight where the system was deliberately constructed so as to make it mobile, thus negating the application of this section, Allstate Insurance Co. v. Los Angeles County, 161 Cal.App.3d 877.

Note.—Section is applicable to supplemental taxes for 1987–88 fiscal year and fiscal years thereafter. See also note following Section 75.

75.16. Computing the value of fixtures. [Repealed by Stats. 1987, Ch. 261, in effect July 27, 1987, operative August 1, 1987.]

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Article 2.5. Application of Inflation Rate*

* Article 2.5 was added by Stats. 1983, Ch. 1102, in effect September 27, 1983.

75.18. Application of inflation rate. On and after July 1, 1997, if the actual date of the most recent change in ownership or completion of new construction entered on the supplemental roll occurs between January 1 and June 30, then the new base year value shall be adjusted on the January 1 following the change in ownership or completion of new construction by the inflation factor, which shall be determined as provided in subdivision (a) of Section 51.

History.—Stats. 1984, Ch. 1164, in effect January 1, 1985, substituted "determined as provided in subdivision (a) of Section 5" for "the percentage change in the cost of living, as defined in Section 2212, provided that any increases shall not exceed 2 percent of the new base year value" after "be". Stats. 1995, Ch. 499, in effect January 1, 1996, operative January 1, 1997, substituted "1997" for "1983" after "July 1" and substituted "January" for "March" twice.

Construction.—The provisions of this section do not constitute an ad valorem tax increase in violation of Article XIII A of the Constitution. Shafer v. State Board of Equalization, 174 Cal.App.3d 423.

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Article 3. Exemptions

75.20. Exemptions granted not affected. A supplemental assessment pursuant to this chapter shall not affect an exemption which had been granted the property for either the current roll or the roll being prepared.

History.—Stats. 1983, Ch. 1102, in effect September 27, 1983, substituted "which had been granted the property" for "for which the property or the assessee was otherwise eligible on the lien date" after "exemption".

75.21. Applicable to supplemental assessments; claim; filing date. (a) Exemptions shall be applied to the amount of the supplemental assessment, provided that the property is not receiving any other exemption on either the current roll or the roll being prepared except as provided for in subdivision (b), that the assessee is eligible for the exemption, and that, in those instances in which the provisions of this division require the filing of a claim for the exemption, the assessee makes a claim for the exemption.

(b) If the property received an exemption on the current roll or the roll being prepared and the assessee on the supplemental roll is eligible for an exemption and, in those instances in which the provisions of this division require the filing of a claim for the exemption, the assessee makes a claim for an exemption of a greater amount, then the difference in the amount between the two exemptions shall be applied to the supplemental assessment.

(c) In those instances in which the provisions of this division require the filing of a claim for the exemption, except as provided in subdivision (d), (e), or (f), any person claiming to be eligible for an exemption to be applied against the amount of the supplemental assessment shall file a claim or an amendment to a current claim, in that form as prescribed by the board, on or before the 30th day following the date of notice of the supplemental assessment, in order to receive a 100-percent exemption.

(1) With respect to property as to which the college, cemetery, church, religious, exhibition, veterans' organization, free public libraries, free museums, or welfare exemption was available, but for which a timely application for exemption was not filed, the following amounts shall be canceled or refunded:

(A) Ninety percent of any tax or penalty or interest thereon, or any amount of tax or penalty or interest thereon exceeding two hundred fifty dollars ($250) in total amount, whichever is greater, for each supplemental assessment, provided that an appropriate application for exemption is filed on or before the date on which the first installment of taxes on the supplemental tax bill becomes delinquent, as provided by Section 75.52.

(B) Eighty-five percent of any tax or penalty or interest thereon, or any amount of tax or penalty or interest thereon exceeding two hundred fifty dollars ($250) in total amount, whichever is greater, for each supplemental assessment, if an appropriate application for exemption is thereafter filed.

(2) With respect to property as to which the welfare exemption or veterans' organization exemption was available, all provisions of Section 254.5, other than the specified dates for the filing of affidavits and other acts, are applicable to this section.

(3) With respect to property as to which the veterans' or homeowners' exemption was available, but for which a timely application for exemption was not filed, that portion of tax attributable to 80 percent of the amount of exemption available shall be canceled or refunded, provided that an appropriate application for exemption is filed on or before the date on which the first installment of taxes on the supplemental tax bill becomes delinquent, as provided by Section 75.52.

(4) With respect to property as to which the disabled veterans' exemption was available, but for which a timely application for exemption was not filed, that portion of tax attributable to 90 percent of the amount of exemption available shall be canceled or refunded, provided that an appropriate application for exemption is filed on or before the date on which the first installment of taxes on the supplemental tax bill becomes delinquent, as provided by Section 75.52. If an appropriate application for exemption is thereafter filed, 85 percent of the amount of the exemption available shall be canceled or refunded.

(5) With respect to property as to which any other exemption was available, but for which a timely application for exemption was not filed, the following amounts shall be canceled or refunded:

(A) Ninety percent of any tax or penalty or interest thereon, provided that an appropriate application for exemption is filed on or before the date on which the first installment of taxes on the supplemental tax bill becomes delinquent, as provided by Section 75.52.

(B) Eighty-five percent of any tax or penalty or interest thereon, or any amount of tax or penalty or interest thereon exceeding two hundred fifty dollars ($250) in total amount, whichever is greater, for each supplemental assessment, if an appropriate application for exemption is thereafter filed.

Other provisions of this division pertaining to the late filing of claims for exemption do not apply to assessments made pursuant to this chapter.

(d) For purposes of this section, any claim for the homeowners' exemption, veterans' exemption, or disabled veterans' exemption previously filed by the owner of a dwelling, granted and in effect, constitutes the claim or claims for that exemption required in this section. In the event that a claim for the homeowners' exemption, veterans' exemption, or disabled veterans' exemption is not in effect, a claim for any of those exemptions for a single supplemental assessment for a change in ownership or new construction occurring on or after June 1, up to and including December 31, shall apply to that assessment; a claim for any of those exemptions for the two supplemental assessments for a change in ownership or new construction occurring on or after January 1, up to and including May 31, one for the current fiscal year and one for the following fiscal year, shall apply to those assessments. In either case, if granted, the claim shall remain in effect until title to the property changes, the owner does not occupy the home as his or her principal place of residence on the lien date, or the property is otherwise ineligible pursuant to Section 205, 205.5, or 218.

(e) Notwithstanding subdivision (c), an additional exemption claim may not be required to be filed until the next succeeding lien date in the case in which a supplemental assessment results from the completion of new construction on property that has previously been granted exemption on either the current roll or the roll being prepared.

(f) (1) Notwithstanding subdivision (c), an additional exemption claim is not required to be filed in the instance where a supplemental assessment results from a change in ownership of property where the purchaser of the property owns and uses or uses, as the case may be, other property that has been granted the college, cemetery, church, religious, exhibition, veterans' organization, free public libraries, free museums, or welfare exemption on either the current roll or the roll being prepared and the property purchased is put to the same use.

(2) In all other instances where a supplemental assessment results from a change in ownership of property, an application for exemption shall be filed pursuant to the provisions of subdivision (c).

History.—Stats. 1983, Ch. 1102, in effect September 27, 1983, added the subdivision letters; substituted "shall" for "may" after "Exemptions", substituted "assessment" for "assessments" after "supplemental", and added the balance of the first sentence after "assessment" in subdivision (a); added subdivision (b). Stats. 1985, Ch. 186, effective January 1, 1986, substituted "that" for "and" after "subdivision (b)", deleted "and makes a timely claim for" after "eligible for", and added "and that in those instances . . . the assessee makes a claim for the exemption" in subdivision (a); substituted "an exemption and in those . . . the addressee makes a" for "and makes a timely" after "is eligible for" in subdivision (b); substituted "in those instances . . . for exemption, any" for "any", added "or an amendment to a current claim" after "assessment shall file a claim" after "claim", and added ", in order to receive 100 percent exemption" after "assessment" in subdivision (c); added subsections (1), (2), and (3); and added the seventh paragraph. Stats. 1986, Ch. 608, effective January 1, 1987, substituted "75.52" for "72.52" after "Section" in the first sentence of subdivision (c)(1), and added "that portion of tax attributable to" before "80 percent", substituted "the amount of exemption available" for "any tax or penalty or interest thereon" after "80 percent of", and substituted "75.52" for"72.52" after "Section" in the first sentence of subdivision (c)(2). Stats. 1987, Ch. 498, in effect January 1, 1988, added "or any amount of tax or penalty or interest thereon exceeding two hundred fifty dollars ($250) in total amount, whichever is greater, for each supplemental assessment," after "thereon" in the first sentence of subdivision (c)(1), and deleted the former second sentence thereof, which provided that "Notwithstanding the above provision, any tax or penalty or interest thereon exceeding two hundred fifty dollars ($250) in total amount shall be canceled or refunded, provided that is imposed upon property entitled to relief under the above provision for which an appropriate claim for exemption has been filed.". Stats. 1988, Ch. 1271, in effect September 26, 1988, added "except as provided in subdivision (d)" after the first "exemption" in subdivision (c); added subdivision (d). Stats. 1993, Ch. 855, in effect January 1, 1994, substituted "that" for "such" after "claim, in" in subdivision (c); added "the following . . . refunded:" after "filed,", established subparagraph (A) and substituted "Ninety" for "90" after "(A)", and deleted "shall be canceled or refunded," after "assessment" in (A), in paragraph (1) of subdivision (c); added subparagraph (B) to paragraph (1) of subdivision (c); added paragraph (2) to subdivision (c); relettered former paragraph (2) of subdivision (c) as (3); and relettered former paragraph (3) of subdivision (c) as (4), added "the following . . . refunded:" after "filed", established subparagraph (A) and substituted "Ninety" for "90" after "(A)", and deleted "shall be canceled or refunded," after "thereon" in (A), in paragraph (4) of subdivision (c); and added subparagraph (B) to paragraph (4) of subdivision (c); and deleted the former first sentence of the second paragraph of paragraph (4) of subdivision (c) which provided that "Where a late application for exemption has not been filed on or before the date on which the first installment of taxes on the supplemental tax bill becomes delinquent, no exemption is available." Stats. 1994, Ch. 1222, in effect January 1, 1995, added "or (e)" after "(d)" and added "a" after "receive" in subdivision (c); added ", veterans' exemption . . . exemption" after "homeowners' exemption", substituted "that" for "the homeowners'" in the first sentence, added ", veterans' exemption . . . exemption" after "exemption", substituted "any of those exemptions" for "the homeowners' exemption" after "claim for" twice in the second sentence, and added "205, 205.5, or" after "Section" in the third sentence of subdivision (d); and added subdivision (e). Stats. 1995, Ch. 499, in effect January 1, 1996, operative January 1, 1997, substituted "100-percent" for "100 percent" after "receive a" in subdivision (c); substituted "December 31" for "February 29" after "and including", and substituted "January" for "March" after "occurring on or after" in the second sentence of subdivision (d). Stats. 1998, Ch. 591 (SB 2237), in effect January 1, 1999, added "for the next succeeding lien date" after "claim for the exemption" in the first sentence of subdivision (a); added "the next succeeding lien date for" after "makes a claim for" in the first sentence of subdivision (b); deleted former subdivision (c) relating to filing late claims for exemption; and relettered former subdivision (d) as subdivision (c); and deleted former subdivision (e), which provided an exception to former subdivision (c). Stats. 2000, Ch. 647 (SB 2170), in effect January 1, 2001, deleted "for the next succeeding lien date" after "claim for the exemption" in the first sentence of subdivision (a); deleted "for the next succeeding lien date" after "makes a claim" in the first sentence of subdivision (b); added subdivision (c); relettered former subdivision (c) as (d); and added subdivisions (e) and (f). Stats. 2001, Ch. 159 (SB 662), in effect January 1, 2002, substituted "a claim for the" for "claims for" after "filing of" in the first sentences of subdivisions (a), (b), and (c); substituted "a claim" for "no claim" after "event that" and substituted "is not" for "is" before "in effect" in the second sentence of subdivision (d); substituted "an additional" for "no additional" after "(c)," and substituted "may not" for "shall" after "claim" in the first sentence of subdivision (e); and substituted "an additional" for "no additional" after "(c)," and substituted "may not" for "shall" after "claim" in the first sentence of paragraph (1) of subdivision (f). Stats. 2003, Ch. 316 (AB 1744), in effect January 1, 2004, substituted "is not" for "may not be" after "exemption claim", and deleted "until the next succeeding lien date" after "to be filed" in the first sentence of subdivision (f), and deleted the former second sentence thereof which provided that "If a timely application for exemption is not filed on the next succeeding lien date, then the provisions of paragraph (1) of subdivision (c) shall apply." Stats. 2006, Ch. 677 (SB 1637), in effect January 1, 2007, substituted "veterans' or homeowners' " for "veterans', homeowners', or disabled" after "to which the" in the first sentence of paragraph (3), added new paragraph (4) and renumbered former paragraph (4) as paragraph (5) of subdivision (c).

Note.—Section 6 of Stats. 1992, Ch. 20X, First Extraordinary Session, in effect September 28, 1992, provided that notwithstanding subdivision (c) of this Section, an application for the welfare exemption shall be deemed timely filed with the assessor of a county of the ninth class if both of the following conditions are met:

(a) The application is filed on or before the date on which the second installment of taxes on the applicant's supplemental tax bill becomes delinquent.

(b) The second installment of taxes on the applicant's supplemental tax bill becomes delinquent on August 31, 1992.

Sec. 7 thereof provided that the Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of unique circumstances in the County of Contra Costa with respect to the administration of the property tax welfare exemption.

Reimbursement.—Section 2 of Stats. 1993, Ch. 855, in effect January 1, 1994, provided that notwithstanding Section 17610 of the Government Code, 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.

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75.22. Determination of exemption eligibility; 90 days. A property shall be eligible for exemption from the supplemental assessment if the person claiming the exemption meets the qualifications for the exemption established by this part no later than 90 days after the date of the change in ownership or the completion of new construction.

History.—Stats. 1983, Ch. 1102, in effect September 27, 1983, substituted "A property shall be eligible" for "Eligibility" before "for", and substituted "if the person . . . no later than" for "shall be determined within" before "90 days". Stats. 1984, Ch. 946, in effect September 10, 1984, substituted "after" for "of" after "days".

Note.—See note following Section 75.

75.23. Supplemental assessment; limitation. [Repealed by Stats. 1983, Ch. 1102, in effect September 27, 1983.]

75.23. Change in ownership; exempt property sold to ineligible transferee. [Repealed by Stats. 2011, Ch. 351 (SB 947), in effect January 1, 2012.]deletion

75.24. Determination of exemption eligibility; qualified organizations—180 days. (a) Notwithstanding Section 75.22, a property shall be eligible for exemption from the supplemental assessment if the organization claiming the exemption is a qualified organization and meets the qualifications for the exemption established by this part no later than 180 days after the date of the change in ownership or the completion of new construction.

(b) For purposes of this section, "qualified organization" means an organization that qualifies as an exempt organization under Section 501(c)(3) of the Internal Revenue Code.

History.—Added by Stats. 2008, Ch. 201 (AB 3035), in effect January 1, 2009.

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Article 4. Notice of Assessment

75.30. Notice to auditor. [Repealed by Stats. 2003, Ch. 471 (SB 1062), in effect January 1, 2004.]

75.31. Notice to assessee. (a) Whenever the assessor has determined a new base year value as provided in Section 75.10, the assessor shall send a notice to the assessee showing the following:

(1) The new base year value of the property that has changed ownership, or the new base year value of the completed new construction that shall be added to the existing taxable value of the remainder of the property.

(2) The taxable value appearing on the current roll, and if the change in ownership or completion of new construction occurred between January 1 and May 31, the taxable value on the roll being prepared.

(3) The date of the change in ownership or completion of new construction.

(4) The amount of the supplemental assessments.

(5) The exempt amount, if any, on the current roll or the roll being prepared.

(6) The date the notice was mailed.

(7) A statement that the supplemental assessment was determined in accordance with Article XIII A of the California Constitution that generally requires reappraisal of property whenever a change in ownership occurs or property is newly constructed.

(8) Any other information which the board may prescribe.

(b) In addition to the information specified in subdivision (a), the notice shall inform the assessee of the procedure for filing a claim for exemption that is to be filed within 30 days of the date of the notice.

(c) (1) The notice shall advise the assessee of the right to an informal review and the right to appeal the supplemental assessment, and, unless subject to paragraph (2) or (3), that the appeal shall be filed within 60 days of the date of mailing printed on the notice or the postmark date therefor, whichever is later. For the purposes of equalization proceedings, the supplemental assessment shall be considered an assessment made outside of the regular assessment period as provided in Section 1605.

(2) For counties in which the board of supervisors has adopted the provisions of subdivision (c) of Section 1605, and the County of Los Angeles, the notice shall advise the assessee of the right to appeal the supplemental assessment, and that the appeal shall, except as provided in paragraph (3), be filed within 60 days of the date of mailing printed on the tax bill or the postmark date therefor, whichever is later. For the purposes of equalization proceedings, the supplemental assessment shall be considered an assessment made outside of the regular assessment period as provided in Section 1605.

(3) (A) If the taxpayer does not receive a notice in accordance with paragraph (1) at least 15 days prior to the deadline to file the application described in Section 1603, the affected party or his or her agent may file an application within 60 days of the date of mailing printed on the tax bill or the postmark thereof, whichever is later, along with an affidavit declaring under penalty of perjury that the notice was not timely received.

(B) Notwithstanding any other provision of this subdivision, an application for reduction in a supplemental assessment may be filed within 12 months following the month in which the assessee is notified of that assessment, if the affected party or his or her agent and the assessor stipulate that there is an error in assessment as the result of the exercise of the assessor's judgment in determining the full cash value of the property and a written stipulation as to the full cash value and the assessed value is filed in accordance with Section 1607.

(d) The notice shall advise the assessee of both of the following:

(1) The requirements, procedures, and deadlines with respect to an application for the reduction of a base year value pursuant to Section 80, or the reduction of an assessment pursuant to Section 1603.

(2) The criteria under Section 51 for the determination of taxable value, and the requirement of Section 1602 that the custodial officer of the local roll make the roll, or a copy thereof, available for inspection by all interested parties during regular office hours.

(e) The notice shall advise the assessee that if the supplemental assessment is a negative amount the auditor shall make a refund of a portion of taxes paid on assessments made on the current roll, or the roll being prepared, or both.

(f) The notice shall be furnished by the assessor to the assessee by regular United States mail directed to the assessee at the assessee's latest address known to the assessor. The assessor may choose to accept a written request from the assessee to provide the information by electronic mail in lieu of by regular United States mail.

(g) The notice given by the assessor under this section shall be on a form approved by the State Board of Equalization.

History.—Stats. 1983, Ch. 1102, in effect September 27, 1983, substituted "May 31" for "June 30" after "March 1 and" in subsection (2) of subdivision (a), added "on the current roll or the roll being prepared" after "any" in subsection (5) thereof, and substituted "the notice was mailed" for "of the notice" after "date" in subsection (6) thereof; substituted "60 days" for "30 days" after "within" in the first and second sentences of subdivision (c); and substituted "auditor" for "tax collector" before "shall" in subdivision (d). Stats. 1984, Ch. 946, in effect September 10, 1984, substituted "taxable" for "base year" after "existing" in subsection (1) of subdivision (a); added ", unless subject to subdivision (d)," after ", and" in the first sentence and added ", unless governed by subdivision (d)" after "notice" in the second sentence of subdivision (c). Added a new subdivision (d); and relettered former subdivisions (d) and (e) as (e) and (f), respectively. Stats. 1985, Ch. 985, effective January 1, 1986, substituted "filed" for "received" after "must be" in the first sentence of subdivision (c) and in the first sentence of subdivision (d). Stats. 1990, Ch. 126, in effect June 11, 1990, deleted ", except that the application shall be filed within 60 days of notice, unless governed by subdivision (d)" after "1605" in the second sentence of subdivision (c), and substituted "in which . . . Section 1605" for "of the first class" after "counties" in the first sentence of subdivision (d). Stats. 1992, Ch. 1029, in effect January 1, 1993, added new subdivision (e); and relettered former subdivisions (e) and (f) as subdivisions (f) and (g), respectively. Stats. 1995, Ch. 499, in effect January 1, 1996, operative January 1, 1997, substituted "that" for "which" in paragraphs (1), (7), and (8) of subdivision (a) and in subdivision (b); substituted "January" for "March" after "occurred between" in paragraph (2) of subdivision (a); and added "an informal revision and the right to" after "assessee of the right to" in the first sentence of subdivision (c). Stats. 2000, Ch. 647 (SB 2170), in effect January 1, 2001, designated the former first paragraph of subdivision (c) as paragraph (1) of subdivision (c), substituted "paragraph (2) or (3)" for "subdivision (d)" after "subject to", substituted "shall" for "must" after "the appeal", and substituted "mailing printed on the notice or the postmark date therefor, whichever is later" for "the notice" after "the date of" in the first sentence therein; designated former subdivision (d) as paragraph (2) of subdivision (c), substituted "shall, except as provided in paragraph (3)," for "must" after "that the appeal", and substituted "mailing printed on the tax bill or the postmark date therefor, whichever is later" for "the mailing of the tax bill" after "the date of" in the first sentence therein; added paragraph (3) to subdivision (c); relettered former subdivisions (e), (f), and (g) as (d), (e), and (f), respectively; and added subdivision (g). Stats. 2001, Ch. 744 (SB 1182), in effect January 1, 2002, added "the date of" after "60 days of" in the first sentence of paragraph (1), added "and the County of Los Angeles," after "Section 1605," in the first sentence of paragraph (2), and substituted "paragraph (1)" for "this section" after "accordance with" in the first sentence of subparagraph (A) of paragraph (3) of subdivision (c). Stats. 2003, Ch. 471 (SB 1062), in effect January 1, 2004, substituted "approved" for "prescribed" after "on a form" in the first sentence of subdivision (g). Stats. 2010, Ch. 185 (SB 1493), in effect January 1, 2011, added the second sentence to subdivision (f).

Note.—See note following Section 75.

75.32. Failure to receive notice. The failure of the assessee to receive a notice required by Section 75.31 shall not affect the validity of any assessment or the validity of any taxes levied pursuant to this chapter.

History.—Added by Stats. 1984, Ch. 946, in effect September 10, 1984.

Note.—See note following Section 75.

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Article 5. Transmittal of Supplemental Assessments to the Auditor

75.40. Transmittal of supplemental assessment to auditor. When the period for claiming exemption has expired, and any exemptions have been processed, the assessor shall transmit the supplemental assessment to the auditor including the following information:

(a) Name and address, if known, of the assessee.

(b) The parcel number or legal description of the property.

(c) The tax rate area in which the property is located.

(d) The new base year value of the property with the value for the land separated from the value for improvements.

(e) The value of the property on the current roll, or the roll being prepared, or both.

(f) The exemption applicable, if any.

(g) The net supplemental assessment after exemption.

(h) The date of the change of ownership or completion of new construction.

History.—Stats. 1983, Ch. 1102, in effect September 27, 1983, deleted "or filing an application for reduction" after "exemption" in the first sentence, added "actual" before "amount" in subsection (h), and added subsection (i). Stats. 1984, Ch. 946, in effect September 10, 1984, added "supplemental" before "assessment" in subsection (g); deleted former subsection (h), and relettered former subsection (i) as subsection (h).

75.41. Computation of tax. (a) The auditor shall apply the current year's tax rate, as defined in Section 75.4, to the supplemental assessment or assessments, computing the amount of taxes that would be due for a full year. If the tax rate for the "roll being prepared" is known, the rate may be used with respect to the fiscal year to which it applies, rather than the current year's tax rate as defined in Section 75.4. If the tax rate for the "roll being prepared" is not known, the current year's tax rate as defined in Section 75.4 shall be used. For property on the supplemental roll, the taxes due shall be computed in two equal installments.

(b) The taxes due shall be adjusted by a proration factor to reflect the portion of the tax year remaining as determined by the date on which the change in ownership occurred or the new construction was completed. In computing the portion of the tax year remaining, the change in ownership or completion of new construction shall be presumed to have occurred on the first day of the month following the date on which change in ownership or completion of new construction occurred.

(c) (1) If the presumed date specified in subdivision (b) is February 1, the taxes on the supplemental assessment for the current roll shall be multiplied by 0.42; and the taxes on the supplemental assessment for the roll being prepared shall be multiplied by 1.00.

(2) If the presumed date specified in subdivision (b) is March 1, the taxes on the supplemental assessment for the current roll shall be multiplied by 0.33; and the taxes on the supplemental assessment for the roll being prepared shall be multiplied by 1.00.

(3) If the presumed date specified in subdivision (b) is April 1, the taxes on the supplemental assessment for the current roll shall be multiplied by 0.25; and the taxes on the supplemental assessment for the roll being prepared shall be multiplied by 1.00.

(4) If the presumed date specified in subdivision (b) is May 1, the taxes on the supplemental assessment for the current roll shall be multiplied by 0.17 and the taxes on the supplemental assessment for the roll being prepared shall be multiplied by 1.00.

(5) If the presumed date specified in subdivision (b) is June 1, the taxes on the supplemental assessment for the current roll shall be multiplied by 0.08 and the taxes on the supplemental assessment for the roll being prepared shall be multiplied by 1.00.

(6) If the presumed date specified in subdivision (b) is July 1, no supplemental assessment shall be made on the current roll, and the taxes on the supplemental assessment for the roll being prepared shall be multiplied by 1.00.

(7) If the presumed date specified in subdivision (b) is on or after August 1, and on or before January 1, the following table of factors shall be used:

If the presumed date is:

The taxes on the supplemental assessment on the current roll shall be multiplied by:

August 1

0.92

September 1

0.83

October 1

0.83

November 1

0.67

December 1

0.58

January 1

0.50

(d) After computing the supplemental taxes due, if the total is twenty dollars ($20) or less, the auditor may cancel the amount as provided by Section 4986.8.

(e) If the supplemental assessment is a negative amount, the auditor shall follow the procedures of this section to determine the amount of refund to which the assessee may be entitled.

History.—Stats. 1983, Ch. 1102, in effect September 27, 1983, substituted "For property . . . before" for "In the event that the change in ownership or completion of new construction occurs prior to" before "January 1" in the second sentence of subdivision (a); and added "presumed" before "date", substituted "April 1" for "March" after "is", substituted ".25" for "3/12 (.25)" after "by", and substituted "1.00" for "12/12 (1.00)" after "by" in subsection (1) of subdivision (c), added "presumed" before "date", substituted "May 1" for "April" after "is", substituted ".17" for "2/12 (.17)" after "by", and substituted "1.00" for "12/12 (1.00)" after "by" in subsection (2) thereof, added "presumed" before "date", substituted "June 1" for "May" after "is", substituted ".08" for "1/12 (.08)" after "by", and substituted "1.00" for "12/12 (1.00)" after "by" in subsection (3) thereof, added "presumed" before "date", substituted "July 1" for "June" after "is", and substituted "1.00" for "12/12 (1.00)" after "by" in subsection (4) thereof, and added "presumed" before "date", substituted "August 1, and on or" for "July 1" after "after" and revised the table of factors in subsection (5) thereof. Stats. 1984, Ch. 512, in effect July 17, 1984, deleted "if the tax bill is delinquent on or before January)," before "the taxes" in the second sentence of subdivision (a). Stats. 1984, Ch. 946, in effect September 10, 1984, added ", as defined in Section 75.4," before "to" in the first sentence and substituted "supplemental" for "secured" before "roll" in the second sentence of subdivision (a). Stats. 1985, Ch. 1273, effective January 1, 1986, added subdivision (d) and relettered former subdivision (d) as (e). Stats. 1990, Ch. 126, in effect June 11, 1990, substituted "on the tax bill . . . ($20)" for ", if the amount is ten dollars ($10)" in subdivision (d). Stats. 1991, Ch. 532, in effect January 1, 1992, added the second sentence to subdivision (a); added "supplemental" after ''computing the", deleted "on the tax bill" after "due", deleted "amount of all taxes due" after "total", and substituted "amount" for "taxes" after "cancel the" in subdivision (d); and substituted "may be" for "is" after "assessee" in subdivision (e). Stats. 1993, Ch. 905, in effect October 8, 1993, substituted "may" for "shall" after "rate" in the second sentence of subdivision (a); added the third sentence to subdivision (a), and added "0" before the factors in paragraph (5) of subdivision (c). Stats. 1995, Ch. 499, in effect January 1, 1996, operative January 1, 1997, substituted "February" for "April" after "(b) is" in paragraph (1); substituted "March" for "May" after "(b) is" in paragraph (2); substituted "April" for "June" after "(b) is" and substituted "0.25" for "0.08" after "multiplied by" in paragraph (3); added paragraphs (4) and (5); renumbered former paragraphs (4) and (5) as (6) and (7), respectively; substituted "January" for "March" after "or before" and deleted from the table of factors, "February 1 . . . 0.42" and "March 1 . . . .33" in paragraph (7) of subdivision (c). Stats. 1996, Ch. 1087, in effect January 1, 1997, substituted "0.42" for "0.25" after "current roll shall be multiplied by" in paragraph (1) of subdivision (c).

Note.—See note following Section 75.

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75.42. Enrollment on supplemental roll. The information transmitted to the auditor by the assessor, together with the extended taxes due, or extension of the refund, shall be enrolled on the supplemental roll.

History.—Stats. 1983, Ch. 1102, in effect September 27, 1983, substituted "extension of the negative amount" for "refund to be paid" after "or". Stats 1984, Ch. 946, in effect September 10, 1984, substituted "refund" for "negative amount" before ", shall".

Note.—See note following Section 75.

75.43. Refunds. (a) If a refund is due the assessee, the auditor shall make the refund within 90 days of the date of enrollment of the negative assessment on the supplemental roll. Refunds shall be made from taxes collected on assessments made on the supplemental roll.

(b) If the refund is not made as provided in subdivision (a), interest shall be paid at a rate provided by Section 5151, computed from a date 30 days after the date of enrollment of the negative assessment to the date the refund is mailed when the interest is ten dollars ($10) or more on amounts refunded under Section 5096.

(c) Refunds made under this chapter shall be limited to the amount by which the tax, penalty, or interest paid exceeds the amount of tax, penalty, or interest which is lawfully due and owing based upon the new base year value.

History.—Added by Stats. 1984, Ch. 946, in effect September 10, 1984. Stats. 1985, Ch. 1273, effective January 1, 1986, substituted "90" for "30" after "within" in the first sentence of subdivision (a), and added "when the interest is ten dollars ($10) or more on amounts refunded under Section 5096" after "mailed" in subdivision (b). Stats. 1986, Ch. 608, effective January 1, 1987, added subdivision (c).

Note.—See note following Section 75.

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Article 6. Collection of Supplemental Taxes*

* Article 6 Heading was amended by Stats. 1984, Ch. 946, in effect September 10, 1984.

75.50. Transmittal of supplemental assessments on supplemental roll to tax collector. The auditor shall transmit supplemental assessments entered on the supplemental roll to the tax collector for preparation of supplemental tax bills, and charge the tax collector with the taxes extended thereon.

History.—Stats. 1984, Ch. 946, in effect September 10, 1984, deleted "or refunds to be paid" before "and".

Note.—See note following Section 75.

75.51. Mailing of supplemental tax bills. The tax collector shall mail or electronically transmit a supplemental tax bill to the assessee, including the following information either on the bill or in a separate statement accompanying the bill:

(a) The information supplied by the assessor to the auditor pursuant to Section 75.40.

(b) The amount of the supplemental taxes due.

(c) The date the notice is mailed.

(d) The date on which the taxes will become delinquent and the penalties for delinquency.

(e) A statement that the supplemental taxes were determined in accordance with Article XIII A of the California Constitution which generally requires reappraisal of property whenever a change in ownership occurs or property is newly constructed.

(f) The tax rates or the dollar amounts of taxes levied by each revenue district and taxing agency on the property covered by the tax bill.

(g) All of the following:

(1) Information specifying that if the taxpayer disagrees with a change in the assessed value as shown on the tax bill, the taxpayer has the right to an informal assessment review by contacting the assessor's office.

(2) (A) Except as provided in subparagraph (B), information specifying that if the taxpayer and the assessor are unable to agree on proper assessed value pursuant to an informal assessment review, the taxpayer has the right to file an application for reduction in assessment for the following year with the county board of equalization or the assessment appeals board, as applicable, and the time period during which the application will be accepted.

(B) For counties in which the board of supervisors has adopted the provisions of subdivision (c) of Section 1605, information advising that the assessee has a right to appeal the supplemental assessment, and that the appeal is required to be filed within 60 days of the date of the mailing or electronic transmittal of the tax bill. For the purposes of equalization proceedings, the supplemental assessment shall be considered an assessment made outside of the regular assessment period as provided in Section 1605.

(3) The address of the clerk of the county board of equalization or the assessment appeals board, as applicable, at which forms for an application for reduction may be obtained.

History.—Stats. 1994, Ch. 705, in effect January 1, 1995, added subdivision (g). Stats. 1995, Ch. 498, in effect January 1, 1996, deleted "for the following year" after "assessment review" and deleted "by March 1" after "assessor's office" in paragraph (1) of subdivision (g). Stats. 1996, Ch. 800, in effect January 1, 1997, substituted "All of the following:" for "Information specifying all of the following:", added "Information specifying" before "That if" and substituted "that" for "That" in the first sentence of paragraph (1), added "(A) Except as provided in subparagraph (B), information specifying" before "That if" and added subparagraph (B) to paragraph (2) of subdivision (g). Stats. 1999, Ch. 941 (SB 1231), in effect January 1, 2000, added "or electronically transmit" after "shall mail" in the first sentence of the first paragraph and added "or electronic transmittal" after "the mailing" in the first sentence and added "the" after "For" in the second sentence of subparagraph (B) of paragraph (2) of subdivision (g). Stats. 2002, Ch. 775 (SB 2092), in effect January 1, 2003, substituted "and the time period during which the application will be accepted" for "during the period from July 2 to September 15, inclusive" after "as applicable," in the first sentence of subparagraph (A) of paragraph (2) of subdivision (g).

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75.52. Due date. (a) Taxes on the supplemental bill are due on the date mailed and shall become delinquent as follows:

(1) If the bill is mailed within the months of July through October, the first installment shall become delinquent at 5 p.m. on December 10 of the same year. The second installment shall become delinquent at 5 p.m. on April 10 of the next year.

(2) If the bill is mailed within the months of November through June, the first installment shall become delinquent at 5 p.m. on the last day of the month following the month in which the bill is mailed. The second installment shall become delinquent at 5 p.m. on the last day of the fourth calendar month following the date the first installment is delinquent.

(b) If the taxes due are not paid on or before the date and time they become delinquent, a penalty of 10 percent shall attach to them.

(c) The cost enumerated in Section 2621 shall be collected after the second installment is delinquent.

(d) If a delinquent date specified in subdivision (a) falls on a Saturday, Sunday, or legal holiday, the time of delinquency is at 5 p.m. or at the close of business, whichever is later, on the next following business day. If the board of supervisors, by adoption of an ordinance or resolution, closes the county's offices for business prior to the time of delinquency on the "next business day" or for that whole day, that day shall be considered a legal holiday for purposes of this section.

(e) (1) The penalty imposed for delinquent taxes as provided by this article shall be canceled if the assessee or fee owner demonstrates to the tax collector that the delinquency is due to the tax collector's failure to mail or electronically transmit the tax bill to the address provided on the tax roll or electronic address provided and authorized by the taxpayer or fee owner to the tax collector. Penalties imposed may be canceled if the board of supervisors, upon recommendation of the tax collector, has authorized the tax collector to establish, and the tax collector has so established, specific procedures for the consideration of penalty cancellations. Those procedures may provide that penalties imposed may be canceled by resolution of the county board of supervisors upon the recommendation of the tax collector if the assessee or fee owner demonstrate to the tax collector that the delinquency is due to the county's failure to send a notice of taxes to the owner of property acquired after the lien date on the secured roll, provided payment of the amount of taxes due, minus any penalties and costs, is made no later than June 30 of the fiscal year in which the property owner is named as the assessee for taxes coming due.

(2) With respect to a late, amended, or corrected tax bill, the penalties imposed for delinquent taxes shall be canceled if the tax amount is paid within 30 days following the date that bill is mailed or electronically transmitted.

(3) Under no circumstance shall a taxpayer have fewer than 30 days to pay without penalty.

History.—Stats. 1984, Ch. 512, in effect July 17, 1984, deleted "(a)" before "taxes", substituted "as follows" for "on the last day of the month following the month in which the bill is mailed" after "delinquent", deleted former subdivisions (b) and (c), and added subsections (a) and b). Stats. 1984, Ch. 946, in effect September 10, 1984, added "at 5 p.m." before "on December 10" in the first sentence and before "on April 10" in the second sentence of subsection (a); added "at 5 p.m." before "on the last day" in the first sentence and "on the last day" in the second sentence of subsection (b); and added subsections (c) and (d) thereto. Stats. 1994, Ch. 705, in effect January 1, 1995, added subdivision letter designation (a) before first paragraph and substituted subdivision letter designations (a) and (b) for (1) and (2), respectively therein; relettered former subdivisions (c) and (d) as (b) and (c), respectively; and added subdivision (d). Stats. 2007, Ch. 340 (AB 1745), in effect January 1, 2008, added subdivision (e).

Note—See note following Section 75.

75.53. Delinquency. If all delinquent amounts which are a lien on real property are not paid in full by the time fixed in the publication of the notice of impending default for failure to pay real property taxes next following the date of delinquency of the second installment of the supplemental taxes, the property shall be subject to the provisions of Section 3436.

History.—Stats. 1984, Ch. 946, in effect September 10, 1984, added "which are a lien on real property" after "amounts"; substituted "the time fixed . . . state" for "June 30" after "by"; added "of the second . . . taxes," after "delinquency", and substituted "subject to the provisions of" for "sold to the state as provided in" after "be". Stats. 1986, Ch. 1420, effective January 1, 1987, substituted "impending default for failure to pay real property taxes" for "intent to sell to the state" after "notice of".

Note—See note following Section 75.

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75.54. Effect of lien. (a) Taxes on the supplemental roll become a lien against the real property on the date of the change in ownership or completion of new construction unless by other provisions of law the taxes are not a lien on real property.

(b) With respect to taxes that are not a lien on real property that have become delinquent on the supplemental roll, the tax collector may use the procedures applicable to the collection of delinquent taxes on the unsecured roll for collection of the tax. If taxes that are not a lien on real property remain unpaid at the time set for declaration of tax default, following a delinquency in the payment of the second installment of the taxes, the taxes and any penalties and costs thereon shall be transferred to the unsecured roll for collection.

(c) Notwithstanding subdivision (a), in the event there is a subsequent change in ownership following an initial change in ownership or completion of new construction, that occurs before the mailing of the supplemental tax billing attributable to the initial change in ownership or completion of new construction, then the lien for supplemental taxes is extinguished and that portion of the supplemental assessment attributable to the assessee from the date of the initial change in ownership or completion of new construction to the date of the subsequent change in ownership shall be entered on the unsecured roll or on the supplemental roll as an unsecured assessment in the name of the person who would have been the assessee if the additional change in ownership had not occurred, and thereafter that portion of the tax shall be treated and collected like other taxes on the unsecured roll. The remaining portion of the supplemental tax attributable to the initial change in ownership becomes a lien against the real property on the date of the subsequent change in ownership which lien shall also secure any increase or decrease in supplemental taxes resulting from the determination of the new base year value required to be made following the subsequent change in ownership.

(d) In lieu of determining, as provided in subdivision (c), the portion of the supplemental assessment attributable to the person who would have been the assessee if the additional change in ownership had not occurred, a county may elect to compute that portion of the supplemental assessment attributable to the assessee from the first day of the month following the date of the initial change in ownership or completion of new construction to the date of the subsequent change in ownership.

History.—Stats. 1983, Ch. 1102, in effect September 27, 1983, added "supplemental" after "entered on the " in the second sentence. Stats. 1984, Ch. 946, in effect September 10, 1984, added "(a)" before "Taxes"; added "unless by other provisions . . . property." after "construction"; deleted the former second sentence of subdivision (a) which provided that "if there is another change in ownership before the supplemental billing is made, the supplemental assessment shall be entered on the supplemental unsecured roll in the name of the person who would have been the assessee if the additional changes in ownership had not occurred, and thereafter shall be treated and collected like other taxes on the unsecured roll."; and added subdivisions (b) and (c). Stats. 1986, Ch. 1457, effective January 1, 1987, added subdivision (d). Stats. 1990, Ch. 992, in effect January 1, 1991, substituted "declaration of tax default" for "sale to the state" after "set for" in the second sentence of subdivision (b).

Note.—See note following Section 75.

75.55. Refunds. [Repealed by Stats. 1984, Ch. 946, in effect September 10, 1984.]

75.55. Cancellation; exemption. (a) A county board of supervisors may, by ordinance, provide for the cancellation of any supplemental tax bill in which the amount of taxes to be billed is less than the cost of assessing and collecting them. In no event shall any supplemental tax bill be canceled pursuant to this subdivision if the amount of taxes on that bill exceeds fifty dollars ($50).

(b) Except where a county board of supervisors has adopted an ordinance pursuant to subdivision (a), a county board of supervisors may, by ordinance, provide for the cancellation by the assessor of any supplemental assessment where that assessment would result in an amount of taxes due which is less than the cost of assessing and collecting them. In no event shall any supplemental assessment be canceled pursuant to this subdivision if the amount of taxes resulting from that supplemental assessment would exceed fifty dollars ($50).

(c) Notwithstanding this section, no taxable real property shall be exempt from property taxes assessed on the lien date, as provided in Section 2192, unless the property is otherwise exempt under this division.

History.—Added by Stats, 1986, Ch. 1457, effective January 1, 1987. Stats. 1990, Ch. 1494, in effect September 30,1990, added subdivision (b) and relettered former subdivision (b) as (c). Stats. 1991, Ch. 441, in effect January 1, 1992, added ", or fifty dollars . . . accessories" after "($20)" in the second sentences of subdivisions (a) and (b), and added subdivision (d). Stats. 1996, Ch. 800, in effect January 1, 1997, substituted "that" for "which" in subdivisions (b) and (c), and added "or on the supplemental roll as an unsecured assessment" after "unsecured roll" in the first sentence of subdivision (c). Stats. 2002, Ch. 775 (SB 2092), in effect January 1, 2003, substituted "assessing and collecting them" for "administration" after "the cost of" in the first sentence and deleted "twenty dollars ($20), or" after "that bill exceeds" and deleted "in the case of eligible mobilehome accessories" after "fifty dollars ($50)" in the second sentence of subdivision (a); substituted "them" for "those taxes" after "asssessing and collecting" in the first sentence and deleted "twenty dollars ($20), or" after "assessment would exceed" and deleted "in the case of eligible mobilehome accessories" after "fifty dollars ($50)" in the second sentence of subdivision (b); and deleted former subdivision (d) which provided that "For purposes of this section, 'eligible mobilehome accessories' means mobilehome accessories, as defined in Section 18008.5 of the Health and Safety Code, with a base year value or full value of five thousand dollars ($5,000) or less, that are installed on or added to mobilehomes purchased prior to July 1, 1980, and subject to vehicle license fees pursuant to Part 5 (commencing with Section 10701) of Division 2."

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Article 6.5. Reimbursement for County Costs*

* Article 6.5 was added by Stats. 1983, Ch. 1102, in effect September 27, 1983.

75.60. Allocation for administration. (a) Notwithstanding any other provision of law, the board of supervisors of an eligible county or city and county, upon the adoption of a method identifying the actual administrative costs associated with the supplemental assessment roll, may direct the county auditor to allocate to the county or city and county, prior to the allocation of property tax revenues pursuant to Chapter 6 (commencing with Section 95) and prior to the allocation made pursuant to Section 75.70, an amount equal to the actual administrative costs, but not to exceed 5 percent of the revenues that have been collected on or after January 1, 1987, due to the assessments under this chapter. Those revenues shall be used solely for the purpose of administration of this chapter, regardless of the date those costs are incurred.

(b) For purposes of this section:

(1) "Actual administrative costs" includes only those direct costs for administration, data processing, collection, and appeal that are incurred by county auditors, assessors, and tax collectors. "Actual administrative costs" also includes those indirect costs for administration, data processing, collections, and appeal that are incurred by county auditors, assessors, and tax collectors and are allowed by state and federal audit standards pursuant to the A-87 Cost Allocation Program.

(2) "Eligible county or city and county" means a county or city and county that has been certified by the State Board of Equalization as an eligible county or city and county. The State Board of Equalization shall certify a county or city and county as an eligible county or city and county only if both of the following are determined to exist:

(A) The average assessment level in the county or city and county is at least 95 percent of the assessment level required by statute, as determined by the board's most recent survey of that county or city and county performed pursuant to Section 15640 of the Government Code.

(B) For any survey of a county assessment roll for the 1996–97 fiscal year and each year thereafter, the sum of the absolute values of the differences from the statutorily required assessment level described in subparagraph (A) does not exceed 7.5 percent of the total amount of the county's or city and county's statutorily required assessed value, as determined pursuant to the board's survey described in subparagraph (A).

(3) Each certification of a county or city and county shall be valid only until the next survey made by the board. If a county or city and county has been certified following a survey that includes a sampling of assessments, the board may continue to certify that county or city and county following a survey that does not include sampling if the board finds in the survey conducted without sampling that there are no significant assessment problems in the county or city and county. The board shall, by regulation, define "significant assessment problems" for purposes of this section, and that definition shall include objective standards to measure performance. If the board finds in the survey conducted without sampling that significant assessment problems exist, the board shall conduct a sampling of assessments in that county or city and county to determine if it is an eligible county or city and county. If a county or city and county is not certified by the board, it may request a new survey in advance of the regularly scheduled survey, provided that it agrees to pay for the cost of the survey.

History.—Stats. 1984, Ch. 946, in effect September 10, 1984, added ", regardless of the date . . . incurred." after "chapter" in the second sentence. Stats. 1986, Ch. 1457, effective January 1, 1987, added the subdivision letters; substituted "the board of supervisors of an eligible county, upon the adoption of a method identifying the actual administrative costs associated with the supplemental assessment roll," for "for the 1983–84 and 1984–85 fiscal years, the county board of supervisors" after "law," added "equal to the actual administrative costs, but" after "amount", and substituted "which have been collected due to" after "revenues" in the first sentence of subdivision (a); and added subdivision (b). Stats. 1988, Ch. 560, in effect January 1, 1989, deleted "additional" after "percent of the", added "on or after January 1, 1987," after "collected", and deleted "increased" after "due to the" in the first sentence of subdivision (a); and added the second sentence to subdivision (b)(1). Stats. 1995, Ch. 498, in effect January 1, 1996, deleted former first sentence of paragraph (2) of subdivision (b) which provided, " 'Eligible county' means a county which has been certified by the State Board of Equalization as an eligible county."; substituted "both of . . . to exist" for "the" after "only if" in the first sentence of paragraph (2); created new subparagraph (A) with the balance of the first sentence beginning with "the average" and substituted "The" for "the" before "average", therein; deleted "level of" after "average", added "level" after "assessment", substituted "95" for "90" after "at least", substituted "board's most recent" for "board in the" after "determined by the", substituted "of that county performed" for "made" after "survey", and deleted balance of former second sentence after "Government Code" in subparagraph (A) of paragraph (2); deleted former third sentence in subparagraph (A) of paragraph (2) which provided, "Each certification of a county shall be used only until the next survey made by the board; deleted former fourth sentence in subparagraph (A) of paragraph (2) which provided, "If a county is not certified by the board, it may request a new survey in advance of the regularly scheduled survey, provided that it agrees to pay for the cost of that survey"; and added subparagraph (B) to paragraph (2) of subdivision (b). Stats. 1996, Ch. 171, in effect July 17, 1996, added the first sentence of paragraph (2) of subdivision (b); added "For any survey of a county assessment roll for the 1996–97 fiscal year thereafter," before the former first sentence of subdivision (b)(2)(B), and substituted "the sum" for "The sum" after "thereafter" in subparagraph (B) of paragraph (2) of subdivision (b); and added the third paragraph. Stats. 1996, Ch. 1087, in effect January 1, 1997, substituted "county or city and county" for "county" throughout the text; and numbered the former third paragraph as paragraph (3) of subdivision (b), and added the second, third, and fourth sentences thereof.

Note.—See note following Section 75.

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75.65. Supplemental Roll Administrative Cost Fund. (a) There is hereby appropriated from the General Fund to the Supplemental Roll Administrative Cost Fund (hereafter referred to as "the fund"), which is hereby created, the sum of ten million seventy-five thousand four hundred ninety dollars ($10,075,490).

(b) Money in the fund shall be allocated to counties to pay for the costs of administering this chapter in the 1983–84 fiscal year, where such costs are in excess of the amount of property tax revenue allocated for administrative costs pursuant to Section 75.60.

(c) The Controller shall allocate those funds upon certification by the board and the Department of Finance that the claim by the county for reimbursement of excess administrative cost is predicated on prudent administrative practice and does not incorporate expenses which are not essential to the administration of this chapter.

(d) Counties may submit claims for reimbursement for excess administrative costs of administering the provisions of this chapter to the board no later than January 15, 1984. The board shall review those claims and forward them with recommendations to the Department of Finance by March 1, 1984. If approved by the Department of Finance, the claim shall be submitted to the Controller for payment from the fund. The claim shall be paid no later than April 15, 1984.

(e) The Department of Finance shall develop guidelines for county claims pursuant to this article, which shall be developed in consultation with the board and with representatives of county assessors, county auditors and county tax collectors. The guidelines shall be issued by December 1, 1983.

History.—Stats. 1984, Ch. 846, in effect January 1, 1985, substituted "ten million seventy-five thousand four hundred ninety dollars ($10,075,490)." for "ten million dollars ($10,000,000)" in the first sentence of subdivision (a).

Note.—Section 2 of Stats. 1984, Ch. 846, in effect January 1, 1985, provided any claim for reimbursement which a county submitted to the State Board of Equalization between January 20, 1984, and March 1, 1984, inclusive, shall be paid by the Controller from the Supplemental Roll Administrative Cost Fund in the amount certified to the Controller by the Department of Finance.

75.66. No further appropriation and no reimbursement. It is the intent of the Legislature that no further appropriation shall be made, other than that provided by Section 75.65, and no reimbursement is required by this chapter pursuant to Section 6 of Article XIII B of the California Constitution or Section 2231, because the county has authority pursuant to Section 75.60 to allocate additional revenues generated pursuant to this chapter to pay for administrative costs mandated by this chapter.

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Article 7. Disposition of Revenues

75.70. Allocations to school districts. (a) Notwithstanding any other provision of law, for the 1983–84 fiscal year, each county auditor shall allocate to all elementary, high school, and unified school districts within the county in proportion to each district's average daily attendance, as certified by the Superintendent of Public Instruction for purposes of the advance apportionment of state aid in the then current fiscal year, without respect to the allocation of property tax revenues pursuant to Chapter 6 (commencing with Section 95) of Part 0.5, and without respect to allocation and payment of funds as provided for in subdivision (b) of Section 33670 of the Health and Safety Code, an amount equal to the additional revenues generated by the rate levied pursuant to subdivision (a) of Section 1 of Article XIII A of the California Constitution applied to the increased assessments for the current roll under this chapter. Additional revenues generated by a rate or rates levied in excess of the limitation prescribed by subdivision (a) of Section 1 of Article XIII A of the California Constitution shall be allocated to the fund for which the tax rate or rates were levied.

(b) For the 1984–85 fiscal year, the county auditor shall, without respect to the allocation of property tax revenues pursuant to Chapter 6 (commencing with Section 95) of Part 0.5, do all of the following:

(1) Make the allocation and payment of funds as provided in Section 33670 of the Health and Safety Code.

(2) Allocate to the county the amount determined pursuant to Section 75.60.

(3) Allocate to the county an amount equal to the total amount of additional revenues generated by the rate levied pursuant to subdivision (a) of Section 1 of Article XIII A of the California Constitution applied to the increased assessments under this chapter, less the amount determined pursuant to paragraphs (1) and (2), the remainder multiplied by the county's property tax apportionment factor determined pursuant to Section 97.5.

(4) Allocate to each community college district and county superintendent of schools within the county an amount equal to the total amount of additional revenues generated by the rate levied pursuant to subdivision (a) of Section 1 of Article XIII A of the California Constitution applied to the increased assessments under this chapter, less the amount determined pursuant to paragraphs (1) and (2), the remainder multiplied by each county superintendent of schools' and community college district's property tax apportionment factor determined pursuant to Section 97.5.

(5) Allocate to each city within the county an amount equal to the total amount of additional revenue generated by the rate levied pursuant to subdivision (a) of Section 1 of Article XIII A of the California Constitution applied to the increased assessments under this chapter, less the amount determined pursuant to paragraphs (1) and (2), the remainder multiplied by each city's property tax apportionment factor determined pursuant to Section 97.5.

(6) Allocate to each special district within the county an amount equal to the total amount of additional revenues generated by the rate levied pursuant to subdivision (a) of Section 1 of Article XIII A of the California Constitution applied to the increased assessments under this chapter, less the amount determined pursuant to paragraphs (1) and (2), the remainder multiplied by each special district's property tax apportionment factor determined pursuant to Section 97.5. The amount allocated to each special district which is governed by the board of supervisors of a county or whose governing board is the same as the board of supervisors of a county, shall be subject to Section 98.6.

(7) Allocate the remaining revenues generated by the rate levied pursuant to subdivision (a) of Section 1 of Article XIII A of the California Constitution applied to the increased assessments under this chapter to all elementary, high school, and unified school districts within the county in proportion to each district's average daily attendance, as certified by the Superintendent of Public Instruction for purposes of the advance apportionment of state aid in the then current fiscal year.

(8) Allocate additional revenues generated by a rate levied in excess of the limitation prescribed by subdivision (a) of Section 1 of Article XIII A of the California Constitution to the fund or funds for which the tax rate or rates were levied.

These allocations shall be made on a timely basis but no later than 30 calendar days after the close of the preceding monthly or four-weekly accounting period.

(c) For the 1985–86 fiscal year, and each fiscal year thereafter, the county auditor shall, without respect to the allocation of property tax revenues pursuant to Chapter 6 (commencing with Section 95) of Part 0.5, do all of the following:

(1) Make the allocation and payment of funds as provided in Section 33670 of the Health and Safety Code.

(2) Allocate and pay to the county an amount equal to the total amount of additional revenues generated by the rate levied pursuant to subdivision (a) of Section 1 of Article XIII A of the California Constitution applied to the increased assessments under this chapter, less the amount determined pursuant to paragraph (1), the remainder multiplied by the county's property tax apportionment factor determined pursuant to Section 97.5.

(3) Allocate and pay to each county superintendent of schools and community college district within the county an amount equal to the total amount of additional revenues generated by the rate levied pursuant to subdivision (a) of Section 1 of Article XIII A of the California Constitution applied to the increased assessments under this chapter, less the amount determined pursuant to paragraph (1), the remainder multiplied by each county superintendent of schools' and community college district's property tax apportionment factor determined pursuant to Section 97.5.

(4) Allocate and pay to each city within the county an amount equal to the total amount of additional revenues generated by the rate levied pursuant to subdivision (a) of Section 1 of Article XIII A of the California Constitution applied to the increased assessments under this chapter, less the amount determined pursuant to paragraph (1), the remainder multiplied by each city's property tax apportionment factor determined pursuant to Section 97.5.

(5) Allocate and pay to each special district within the county an amount equal to the total amount of additional revenues generated by the rate levied pursuant to subdivision (a) of Section 1 of Article XIII A of the California Constitution applied to the increased assessments under this chapter, less the amount determined pursuant to paragraph (1), the remainder multiplied by each special district's property tax apportionment factor determined pursuant to Section 97.5. The amount allocated to each special district which is governed by the board of supervisors of a county or whose governing body is the same as the board of supervisors of a county, shall be subject to Section 98.6.

(6) Allocate and pay the remaining revenues generated by the rate levied pursuant to subdivision (a) of Section 1 of Article XIII A of the California Constitution applied to the increased assessments under this chapter to all elementary, high school, and unified school districts within the county in proportion to each district's average daily attendance, as certified by the Superintendent of Public Instruction for the purposes of the advance apportionment of state aid in the then current fiscal year.

(7) Allocate and pay additional revenues generated by a rate levied in excess of the limitation prescribed by subdivision (a) of Section 1 of Article XIII A of the California Constitution to the fund or funds for which the tax rate or rates were levied.

These allocations and payments shall be made on a timely basis but no later than 30 calendar days after the close of the preceding monthly or four-weekly accounting period. For a county with a population of 500,000 or less, the allocations may be made on a biannual basis.

(d) For purposes of the certification made by the Superintendent of Public Instruction pursuant to subdivision (a), the average daily attendance of the following districts shall be deemed to be zero:

(1) In the case of multicounty districts, the portions of the districts located other than in the county of control.

(2) Any district which received two thousand four hundred dollars ($2,400) or one hundred twenty dollars ($120) per average daily attendance, whichever is greater, in the prior fiscal year.

(e) The Superintendent of Public Instruction shall certify the appropriate counts of average daily attendance pursuant to subdivision (a) to each county auditor no later than July 15 of each applicable fiscal year.

(f) On or before November 15 and April 15, the auditor of each county shall furnish to the Superintendent of Public Instruction the estimated amount of tax receipts pursuant to this section of each school district situated within his or her county.

(g) In the event property tax revenues under this chapter are generated by a change in ownership or completed new construction which occurred on or before May 31, 1984, but are collected subsequent to the 1983–84 fiscal year, the revenues for the current roll shall be allocated to school districts as if they had been collected and allocated during this 1983–84 fiscal year. Any of the aforementioned revenues which are collected in the 1984–85 fiscal year shall be applied to school apportionments for the 1984–85 fiscal year.

History.—Stats. 1983, Ch. 1102, in effect September 27, 1983, added the subdivision letters; substituted "as certified . . . respect" for "prior" after "attendance," added "the rate . . . applied to" after "generated by", and substituted "chapter" for "article" after "under this" in the first sentence, and added the second sentence to the first paragraph of subdivision (a); added the second paragraph to subdivision (a); and added subdivisions (b), (c), and (d). Stats. 1984, Ch. 447, in effect July 16, 1984, deleted "and the 1984–85" after "1983–84", substituted "year" for "years" after "fiscal", added "and without respect to allocation and payment of funds as provided for in subdivision (b) of Section 33670 of the Health and Safety Code," after "Part 0.5," the first sentence of subdivision (a); added new subdivision (b) and (c); and relettered former subdivisions (b), (c), and (d) as (d), (e), and (f), respectively. Stats. 1984, Ch. 946, in effect September 10, 1984, added "monthly or four-weekly" after "preceding" in the second paragraph of subdivision (a), and added subdivision (g). Stats. 1984, Ch. 1266, in effect September 19, 1984, deleted "monthly or four-weekly" after "preceding" in the second paragraph of subdivision (a); added the second sentence to subdivision (b)(6); substituted "special district's" for "city's" after "each" in the first sentence of subdivision (c)(5), and added the second sentence thereto; and deleted former subsection (g). Stats. 1984, Ch. 1325, in effect September 25, 1984, added "for the current roll" after "assessments in the first sentence of the first paragraph, and added "monthly or four-weekly" after "preceding" in the second paragraph of subdivision (a); added "monthly or four-weekly" after "proceeding" in the second paragraph of subdivision (b)(8); added "monthly or four-weekly" before "proceeding" in the second paragraph of subdivision (c)(7); and added subdivision (g). Stats. 1985, Ch. 441, effective July 31, 1985 added "November 15 and" after "On or before" in subdivision (f). Stats. 1985, Ch. 1273, effective January 1, 1986, deleted the former second paragraph of subdivision (a), and substituted "30 calendar" for "10 working" after "no later than" in the second paragraph of subdivision (b)(8) and in the second paragraph of subdivision (c)(7). Stats. 1987, Ch. 275, in effect January 1, 1988, added "and pay" after "Allocate" in the first sentence of subdivisions (c)(2), (c)(3), (c)(4), (c)(5), (c)(6) and (c)(7), and added "and payments" after "allocations" in the second paragraph of subdivision (c)(7). Stats. 1988, Ch. 830, in effect January 1, 1989, added "preceding" before "monthly" and deleted "preceding" before "accounting" in the first sentence of subdivision (c)(7), and added the second sentence thereto.

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75.71. Amount of allocations. Notwithstanding any other provision of law, the amounts allocated pursuant to this chapter to a special district, other than a special district governed by a county board of supervisors or whose governing board is the same as the county board of supervisors, shall not be reduced pursuant to Section 98.6 and shall be disbursed directly to the district by the county auditor.

History.—Stats. 1984, Chs. 447 and 448, in effect July 16, 1984, repealed and added section.

Note.—Sec. 16 of Stats. 1984, Ch. 448, provided legislative intent. Sec. 17 thereof, provided that no appropriation or reimbursement is required by this act.

75.72. Distribution of penalties, costs, or other charges. Any penalties, costs, or other charges resulting from delinquency of supplemental taxes shall be distributed pursuant to Part 8 (commencing with Section 4651).

History.—Added by Stats. 1984, Ch. 946, in effect September 10, 1984. Stats. 1985, Ch. 106, effective January 1, 1986, deleted "of this division" after "Section 4651)".

Note.—See note following Section 75.

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Article 8. Effective Date

75.80. Effective date. This chapter shall apply to changes in ownership occurring, and new construction completed, on or after July 1, 1983.

History.—Stats. 1983, Ch. 1102, in effect September 27, 1983, substituted "chapter" for "article" after "This".